flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: introduced evidence about his retirement during his case-in-chief. Johnson made his retirement an issue in the case by testifying he retired because he was afraid continuing to work might be dangerous due to his prior injury and “[i]t wasn’t cause I wanted to.” Johnson also introduced into evidence a letter to Union Pacific announcing his retirement. As a preliminary matter, we note the evidence Johnson now argues was erroneously admitted was in fact first introduced into evidence by Johnson himself. See Stegner v. Mo.-Kan.-Tex. R.R. Co., 333 Mo. 1182, 64 S.W.2d 691, 694 (1933) (under the invited error doctrine, “a party may not invite and join in the commission of error and thereafter be heard to complain of it”); James v. Kan. City Gas Co., 325 Mo. 1054, 30 S.W.2d 118, 125 (1930) (<HOLDING>); State v. McFall, 737 S.W.2d 748, 756 (Mo. Options: A. holding that no exception to the invited error doctrine has ever been adopted by this circuit B. holding that an appellant is not permitted to rely on invited error on appeal C. holding invited error doctrine bars appellant from appealing the admission of evidence where appellant invited the error by being the first to introduce the evidence thus injecting the issue into tjie case D. holding that appellate review is precluded when the error is invited E. holding that the admission of out of court statements by a government witness when responding to an inquiry by defense counsel creates invited error

assistant: The best answer is C. holding invited error doctrine bars appellant from appealing the admission of evidence where appellant invited the error by being the first to introduce the evidence thus injecting the issue into tjie case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: solicit passwords for any purpose , or personal identifying information for commercial or unlawful purposes from other users or disseminate another person 's personal information without his or her permission .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the custodial aspect of the institutionalization — barred windows, locked doors, straitjackets and physical restraint to prevent inmates from harming themselves or others. Today, with more known about the cause and cure of mental illness, the mental hospital has become primarily a treatment facility. While maximum security units are retained, the primary emphasis is now upon therapy and rehabilitation. An attending psychiatrist's order that a particular patient be assigned to an open or closed unit represents a balance of both protection and treatment. 20 Restatement (Second) of Torts § 283B cmt. b(2); Ellis, Tort Responsibility of Mentally Disabled Persons at 1086-87; Splane, Tort Liability of the Mentally III at 156, n.19. 21 See Hobart v. Shin, 705 N.E.2d 907, 912-13 (Ill. 1998) (<HOLDING>); Cooper v. County of Florence, 385 S.E.2d 44, Options: A. holding that new york law reasonable cause standard is equivalent to fourth amendments probable cause standard B. holding that the person who travels as an agent of person defrauded is a victim C. holding mentally disabled suicide victim to reasonable person standard D. holding that a person is seized when a reasonable person would have believed that he was not free to leave E. holding that schools failure to take steps to prevent students attempted suicide was not even close to violating this outrageousness standard

assistant: The best answer is C. holding mentally disabled suicide victim to reasonable person standard
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Antonucci (In re Monus), 1995 WL 469694 at *12 (Bankr.N.D.Ohio 1995) (22 days); Ohio Corrugating Co. v. DPAC, Inc. (In re Ohio Corrugating Co.), 91 B.R. 430, 437 (Bankr.N.D.Ohio 1988) (16 days). “The period of time over which retrojection has been approved ranges from a few weeks to several months.” Bartl v. Twardy (In re Claxton), 32 B.R. 224, 232 (Bankr.E.D.Va.1983). Retrojection, however, is not appropriate here given the nearly two-year gap between the Transfer and the Petition Date. “Insolvency determined as of one date may form the basis for the inference that insolvency existed on another date if the dates are relatively close in time and if no significant transactions occurred between the two dates.” Gold v. Laines (In re Laines), 352 B.R. 397, 402 n. 6 (Bankr. E.D.Va.2005) (<HOLDING>); see also Jackson, 318 B.R. at 16-17 (2 Options: A. holding that january 4 2004 schedules and statement of financial affairs could not be used to infer insolvency as of date of transfers that occurred on march 22 2001 march 26 2001 and december 26 2002 B. holding the fourteen day provision in rule 35a is jurisdictional and reinstating defendants original sentence when defendant was originally sentenced on march 1st defendant filed a rule 35a motion on march 5th the district court held a hearing on the rule 35 motion on march 29th and resentenced defendant on april 12th C. holding that the march of time began for the period in which to file a rule 59e motion on the date the court entered an order that was immediately appealable D. holding that magistrate had substantial basis for determining that probable cause existed where affidavit which recited information received from anonymous tip from informer in february 2007 regarding narcotic activity on unspecified date included several details about defendant and residence that were later confirmed officer found residue that fieldtested positive for marihuana in garbage can located on street directly in front of residence on march 1 2007 officer found marihuana stems seeds and residue in garbage can on march 5 and search warrant was issued on march 6 and executed on march 7 E. holding that statement about debtor lacking present ability to pay was essentially statement of insolvency

assistant: The best answer is A. holding that january 4 2004 schedules and statement of financial affairs could not be used to infer insolvency as of date of transfers that occurred on march 22 2001 march 26 2001 and december 26 2002
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, ADMINISTRATIVE AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

assistant: Waiver Of Jury Trials
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Participant shall be entitled to receive the income continuation payments provided for in Section 5 of this Plan upon termination of such Participant’s Services (including, without limitation, the termination of the Omnibus Agreement between CST Services, LLC and the Company) unless such termination is (a) because of the Participant’s death, Disability or retirement, (b) by the Company or CST Services, LLC for Cause, or (c) by such Participant for any reason (other than for Good Reason which occurs within one hundred twenty (120) days prior to the termination); provided that, if Notice of Termination is given prior to a Change in Control, such Participant shall have signed and delivered, in form and substance satisfactory to the Company’s counsel, a non-disparagement agreement, and a waiver, effectively waiving all claims against the Company (including its directors, officers, employees and agents) arising out of such Participant’s employment with CST Services, LLC and the provision of Services, other than claims for payment post-termination under the terms of this Plan and employee benefit and compensation plans of the Company or CST Services, LLC, as applicable, such waiver, and non-disparagement agreement to be delivered no later than the later of thirty (30) days following (i) the date of Notice of Termination, or (ii) written request therefor by the Company, provided the Company must request same no later than three (3) months after the date of the Notice of Termination. For all purposes of this Plan, a Participant shall be considered to have terminated his Services with the Company when Participant incurs a “separation from service” with the Company within the meaning of section 409A(a)(2)(A)(i) of the Code and applicable administrative guidance issued thereunder.

assistant: Terminations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (emphasis in original). “The burden must have more than a minimal impact on religious exercise, and there must be a close n Chicago, 342 F.3d 752, 761-62 (7th Cir.2003) (“CLUB”) (finding that “the scarcity’ of affordable land available for development in R zones, along with the costs, procedural requirements, and inherent political aspects of the Special Use, Map Amendment, and Planned Development approval processes” did not impose substantial burden on religious institutions); Roman Catholic Bishop of Springfield v. City of Springfield, 760 F.Supp.2d 172, 187 (D.Mass.2011) (finding that a routine application process did not violate RLUIPA), vacated in part on other grounds, 724 F.3d 78 (1st Cir.2013); Hale O Kaula Church v. Maui Planning Comm’n, 229 F.Supp.2d 1056, 1071 (D.Haw.2002) (<HOLDING>). Indeed, to exempt religious institutions from Options: A. holding that the burden is on the plaintiff B. holding that the defendant countys two denials of variance permits under the circumstances had to a significantly great extent lessened the prospect of the religious institution being able to construct a temple in the future thus imposing a substantial burden on the religious institutions religious exercise C. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise D. holding that requiring plaintiffs to show a substantial burden from nonneutral government actions would make petty harassment of religious institutions and exercise immune from the protection of the first amendment E. holding that laws requiring special use permits did not impose a substantial burden on religious institution

assistant: The best answer is E. holding that laws requiring special use permits did not impose a substantial burden on religious institution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: provision to state common-law claims. See United Airlines, Inc. v. Mesa Airlines, Inc., 219 F.3d 605, 607 (7th Cir.2000) (r 0 F.3d 1027, 1030-31 (9th Cir.2010) (same); Polinovsky v. British Airways, PLC, 2012 WL 1506052, at *3 (N.D.Ill. Mar. 30, 2012) (samé)). Just as Plaintiffs’ reliance on Giannopoulos and Polinovsky v. Deutsche Lufthansa was misplaced, so too is Delta’s reliance on the contract cases it cites. The common denominator requiring a finding of preemption in those cases was not the need to apply and enforce foreign law; the contract claims would just as easily have been preempted if the courts would have had to interpret domestic law, as in two other cases that Delta cites. See Def.’s Br. at 8 (citing Buck v. Am. Airlines, Inc., 476 F.3d 29, 36-37 (1st Cir.2007) (<HOLDING>); Delta Air Lines, Inc. v. Black, 116 S.W.3d Options: A. holding segregation was necessary because breachofcontract claim required proof of different elements than other claims B. holding breachofcontract claim preempted because the plaintiff tried to enlarge the federal rights that were incorporated into the contract C. holding breachofcontract claim was preempted D. holding that if the usps abridged the plaintiffs contract rights the proper recourse would be a breachofcontract claim not a takings claim E. holding breachofcontract claim preempted because contract did not explicitly incorporate a federallaw provision

assistant: The best answer is E. holding breachofcontract claim preempted because contract did not explicitly incorporate a federallaw provision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to them; also the writing or document embodying such decision.”). Title 38, U.S.Code, does not define the word universally to cover all sections contained within the title, and section 5112 does not define it for purposes of that section. As illustrated by section 5111(d), which defines “award” for the purpose of that section only, the definition of “award” may refer to different types of awards, such as “an original or reopened award” or “an increased award.” 38 U.S.C. § 5111(d); see also, e.g., 38 U.S.C. § 1117(h)(2)(A) (specifying “the original award of compensation or service connection” (emphasis added)). Thus, the plain meaning of the term “award” in sections 5112(b)(9) and (10) is ambiguous and does not, standing alone, reveal congressional intent. See Heino, 683 F.3d at 1378 (<HOLDING>); see also Fountain v. Shinseki, 27 Vet.App. Options: A. recognizing that the term including is somewhat ambiguous B. holding that the plain meaning of the term the cost referred to in section 1722aa2 of title 38 uscode was ambiguous C. recognizing that plain meaning does not control where context shows that the parties have assigned an unusual meaning to a term D. holding exclusion was not ambiguous E. recognizing that where the statutory language is not ambiguous the plain and ordinary meaning of the statute must be given effect

assistant: The best answer is B. holding that the plain meaning of the term the cost referred to in section 1722aa2 of title 38 uscode was ambiguous
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. No provision of this Agreement may be explained or qualified by any prior or contemporaneous understanding, negotiation, discussion, conduct, or course of conduct or by any trade usage, and, except as otherwise expressly stated herein, there is no condition precedent to the effectiveness of any provision hereof. No party has relied on any representation, warranty, or agreement of any person in entering this Agreement, except those expressly stated herein.

assistant: Entire Agreements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be exercised only in an area that a benevolent government has provided as a safe haven for crackpots. The Constitution says that Congress (and the States) may not abridge the right to free speech. That provision means what it says.... [W]e do not confine the permissible exercise of First Amendment rights to a telephone booth or the four corners of a pamphlet, or to supervised and ordained discussion in a school classroom. Tinker, 393 U.S. at 513, 89 S.Ct. 733. Consistent with Tinker, the Eleventh Circuit and its courts have protected the free speech rights of students when such speech was unaccompanied by “material and substantial disruption” or “collision with the rights of other students to be secure and to be let alone.” See, e.g., Burnside v. Byars, 363 F.2d 744, 749 (5th Cir.1966) (<HOLDING>) ; Johnston-Loehner v. O’Brien, 859 F.Supp. Options: A. holding unconstitutional a free transfer provision by which students were allowed to transfer solely on a racial basis from the school to which they had been assigned by virtue of redistricting if they were in a racial minority in their new school B. holding that school district policy requiring that students obtain the review and approval of school officials prior to distributing any written material violated free speech rights of students C. holding that students free speech rights were breached by school officials when they prohibited students from peacefully wearing freedom buttons that advocated the lawful and peaceful abolition of racial segregation D. holding that school officials may not limit the first amendment rights of students and teachers to freedom of speech and expression E. holding that the defendant school officials did not create the students danger or increase their risk of harm where female students were physically verbally and sexually molested by male students in a unisex bathroom and in a darkroom

assistant: The best answer is C. holding that students free speech rights were breached by school officials when they prohibited students from peacefully wearing freedom buttons that advocated the lawful and peaceful abolition of racial segregation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 370 U.S. 288 82 S.Ct. 1560 8 L.Ed.2d 501 Frank GRUMMAN, petitioner,v.UNITED STATES. No. 436. Supreme Court of the United States October Term, 1961. June 18, 1962 David Rein, Washington, D. C., for petitioner. Bruce J. Terris, Washington, D. C., for respondent. On Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit. PER CURIAM. 1 The judgment is reversed. Russell v. United States 369 U.S. 749, 82 S.Ct. 1038. 2 Mr. Justice CLARK and Mr. Justice HARLAN dissent for the reasons stated in their dissenting opinions in Russell v. United States, 369 U.S. 749, 779, 781, 82 S.Ct. 1038. 3 Mr. Justice FRANKFURTER took no part in the consideration or decision of this case. 4 Mr. Justice WHITE took no part in the decision of this case.

assistant: 3
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as would not reasonably be expected to have a Material Adverse Effect and except as set forth in Schedule 3.22 , (a) each Borrower and each of its Subsidiaries owns, or possesses the right to use, all of the patents, trademarks, service marks or trade names, copyrights or mask works, domain names, data, databases, trade secrets, applications and registrations for any of the foregoing (collectively, “ Intellectual Property Rights ”) that are reasonably necessary for the operation of their respective businesses, (b) to the best knowledge of the Borrowers, the Borrowers and the Subsidiaries are not interfering with, infringing upon, misappropriating or otherwise violating Intellectual Property Rights of any person, and (c) no claim or litigation regarding any of the foregoing is pending or, to the knowledge of the Borrowers, threatened.

assistant: Intellectual Property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything herein to the contrary, if Participant materially violates any provisions of Sections 5 and 6 of the Employment Agreement, whether before, on or after any settlement of an Award under the Plan, then Participant shall promptly pay to Company an amount equal to the aggregate Amount of Gain Realized by Participant on all Common Stock received pursuant to this Award Agreement after a date commencing one (1) year before Participant’s Last Day of Employment. Participant shall pay Company within sixty (60) business days after the date of any written demand by Company to Participant.

assistant: Remedies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except in the proper performance of your duties or with the written consent of Transocean, you shall not during employment nor at any time thereafter disclose to any person or use for your own purpose or that of others and shall during employment use your best endeavors to prevent the publication or disclosure of any information of a private, confidential or secret nature concerning the business or affairs of Transocean or of any person having dealings with Transocean and which comes to your knowledge during the course of or in connection with your employment.

assistant: Confidentiality
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: proceeding against him. 65 . 221 B.R. 49 (Bankr.D.Conn.1998). 66 . Id. at 51. 67 . Bassett, 221 B.R. at 55. 68 . Id. 69 . 11 U.S.C. § 550(a). 70 . Id. at 1322. 71 . Id. 72 .The “mere conduit” exception is “an equitable exception to the literal statutory language of ‘initial transferee,' ... for initial recipients who are ‘mere conduits’ with no control over the fraudulently-transferred funds.” Harwell, 628 F.3d 1312, 1322 (11th Cir.2010). Because SunTrust was the end recipient of the Transfers, it certainly was not a mere conduit. 73 . 446 B.R. 564 (Bankr.M.D.Fla.2011). 74 . ATM Financial, 446 B.R. at 566. 75 . Id. 76 . Id. 77 . Id. at 568-71. 78 . Id. at 570-71. 79 . 11 U.S.C. § 101(54); Fla. Stat. § 726.102(12). 80 . See In re Wayne, 237 B.R. 506, 508-09 (Bankr.M.D.Fla.1999) (<HOLDING>). See also Barnhill v. Johnson, 503 U.S. 393, Options: A. holding that because debtor retained control of property a transfer had not yet occurred B. recognizing potential for fraudulent transfer in foreclosure context if debtor enjoyed significant equity in property but received little or no value from the transfer C. holding that even when the event that would cause the damage had not yet occurred the claims in the case were still ripe for review D. holding that the debtor could retain exempt property because it was not property of the estate E. holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default

assistant: The best answer is A. holding that because debtor retained control of property a transfer had not yet occurred
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the software utilized by world of warcraft and/or the service may not be downloaded or otherwise exported or re-exported into ( or to a national or resident of ) cuba , iraq , libya , north korea , iran , syria or any other country to which the u.s. has embargoed goods ; or to anyone on the u.s. treasury department 's list of specially designated nationals or the u.s. commerce department 's table of deny orders .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: per se if it injures a person in his office, business, profession, or occupation. Id. A false statement that charges a person with the commission of a crime is also libelous per se. Leyendecker & Assocs., Inc. v. Wechter, 683 S.W.2d 369, 374 (Tex.1984). The evidence in this case supports a finding of libel per se. Morrill sent letters to government officials and Baylor alleging that Cisek had forged documents, committed fraud against Baylor, never willingly paid child support, and misappropriated $35,000 from his child’s Uniform Gifts to Minors Act account. These letters were libelous per se because they accused Cisek of crimes, and injured Cisek in his profession. Id.; Knox, 992 S.W.2d at 50; Bradbury v. Scott, 788 S.W.2d 31, 38-39 (Tex.App.-Houston [1st Dist.] 1989, writ denied) (<HOLDING>). Compensatory damages in defamation cases are Options: A. holding statements regarding plaintiffs unsatisfactory job performance not defamatory per se B. holding that the lack of a confidentiality agreement does not necessarily defeat an argument that information is a trade secret because where an employee acquires during the course of his employment a special technique or process developed by his employer he is under a duty not to use it to the detriment of his employer C. holding that to charge employee with dishonesty in his dealings with his employer is defamatory per se because it falls within general classification of words that affect person injuriously in his profession or occupation D. holding that an employee is guilty of misconduct connected with his work when he deliberately violates a company rule reasonably designed to protect the legitimate business interests of his employer or when his acts or omissions are of such a nature or so recurrent as to manifest a willful disregard of those interests and the duties and obligations he owes his employer E. holding that news broadcast which fell within several of the historical categories for per se defamation was not defamatory per se where plaintiffs identity was not shown on its face

assistant: The best answer is C. holding that to charge employee with dishonesty in his dealings with his employer is defamatory per se because it falls within general classification of words that affect person injuriously in his profession or occupation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the spotify service is integrated with third party applications , websites , and services ( `` third party applications '' ) to make available content , products , and/or services to you .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be issued, the check was a direct transfer from Video Depot to Hilton. Once the check was issued, Arlynn no longer had legal control over the funds, even if he retained physical control over them. Arlynn therefore did not have the right to use the money for any other purpose than to give it to Hilton. Hilton maintains that Arlynn had dominion over the $65,000 because he was Video Depot’s principal and, in that capacity, directed Video Depot to purchase the cashier’s check. The bankruptcy courts are split on the question of whether the principal of a debtor corporation necessarily is the initial transferee of corporate funds used to satisfy a personal obligation. Compare General Electric Capital Auto Lease, Inc. v. Broach (In re Lucas Dallas, Inc.), 185 B.R. 801, 809 (9th Cir.BAP1995) (<HOLDING>); Richardson v. FDIC (In re M. Blackburn Options: A. holding that the principal of a corporate debtor does not become a transferee by the mere act of causing the debtor to make a fraudulent transfer B. holding that principal who caused debtor to issue cashiers check to satisfy personal obligation was not initial transferee C. holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default D. holding that where the debtor did not act but merely had knowledge of and benefit from the fraudulent transfer he was not considered to have performed it E. holding that a fraudulent transfer claim against a corporate debtors control person belongs to the corporate debtor not to specific creditors

assistant: The best answer is A. holding that the principal of a corporate debtor does not become a transferee by the mere act of causing the debtor to make a fraudulent transfer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: This would wreak havoc with the jurisdictional requirements of the NGA. A party cannot be allowed to file a self-styled request for “reconsideration” outside of the explicit time limits for requests for rehearing in order to avoid the jurisdictional requirements for obtaining judicial review. Were we to endorse such a rule, we would vitiate both the statutory requirement governing the timely filing of a request for rehearing with the agency (a prerequisite to judicial review), and the statutory limitation period for judicial review. We have no authority to rewrite the statute in this way. III. ConClusion There is no doubt that the time requirements of 15 U.S.C. § 717r(a), (b) of the NGA establish jurisdictional requirements. See Moreau v. FERC, 982 F.2d 556, 562-63 (D.C.Cir.1993) (<HOLDING>) (citations omitted). Statutory jurisdictional Options: A. holding 2513 to be jurisdictional and therefore must be strictly construed B. holding as much C. holding statute of limitations is jurisdictional and may be raised at any time but noting other ohio appellate courts have held the statute of limitations is not jurisdictional and may be waived if not asserted at the trial level D. holding that the time requirements of the statute are as much a part of the jurisdictional threshold as the mandate to file for a rehearing and that the time limits must be strictly construed and may not be waived by ferc or evaded by the courts E. holding pcra time limits are jurisdictional in nature and must be strictly construed

assistant: The best answer is D. holding that the time requirements of the statute are as much a part of the jurisdictional threshold as the mandate to file for a rehearing and that the time limits must be strictly construed and may not be waived by ferc or evaded by the courts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and B & G were to pay fringe benefit contributions, interest, liquidated damages, fees and costs. The settlement sums were for amounts then owed under the CBAs—-the bonded obligation—and nothing more. (B & G Settlement Agreement, Def.’s Mot. for Summ. J., Ex. 20, ¶ 1, Doc. 45-9; Brown Settlement Agreement, Def.’s Mot. for Summ. J., Ex. 21, ¶ 1, Doc. 45-9.) The Plaintiffs even agreed to waive liquidated damages if Brown and B & G complied with the settlement agreements, which would have decreased IFIC’s surety liability. (B & G Settlement Agreement, ¶ 2; Brown Settlement Agreement, ¶ 2.) Therefore, the settlement agreements did not substantially increase IFIC’s liability and discharge is not warranted. Cf. Reliance Ins. Co. v. Penn Paving, Inc., 557 Pa. 439, 734 A.2d 833, 839 (1999) (<HOLDING>). IFIC analogizes this case to R.P. Richards, Options: A. holding that an increase in sellers costs by 522 resulting in the sellers loss of approximately 267 million failed to con stitute commercial impracticability B. holding that proceeds means profits only when imposing a money laundering count leads to a radical increase in the statutory maximum sentence and only when nothing in the legislative history suggests that congress intended such an increase C. holding that an unconsented increase in an indemnity obligation from 150000 to 5 million was a material modification sufficient to discharge indemnitors liability D. holding that in pleading scienter arguing that the motive for defrauding investors was to increase the companys profits or to increase officer compensation is not sufficient E. holding that failure to report a change in federal taxable income as required by state law excepted state tax liability from discharge

assistant: The best answer is C. holding that an unconsented increase in an indemnity obligation from 150000 to 5 million was a material modification sufficient to discharge indemnitors liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amended and Restated Agreement sets forth the entire agreement of the parties and is intended to supersede the Original Agreement and all other prior negotiations, understandings and agreements with respect to the subject matter hereof. No provision of this Amended and Restated Agreement may be waived or changed, except by a writing signed by the party to be charged with such waiver or change.

assistant: Entire Agreements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to California to attend to her mother’s affairs. The debtor’s affairs are neglected in the process. Although the debtor neglects her own affairs, she intends months before to transfer funds from a stock to an annuity. Yet she waits until being sued and after consulting with a bankruptcy attorney to make the transfer. The transfer occurs one day prior to filing a bankruptcy petition. Upon filing bankruptcy, the hypothetical debtor lists the annuity as an exempt asset and discloses the untimely transfer. In fact, at the meeting of creditors she volunteers the information, including all records, names, and dates surrounding the transfer. Based on these facts, it is difficult to conclude that any court would find fraudulent intent. See In re Schwingler, 15 B.R. 291, 294-95 (W.D.Wis.1981) (<HOLDING>). Although part of her motivation when Options: A. holding that an emergency petition by an insurance commissioner in her capacity as liquidator of an insurance company that was whollyowned by the debtor holding company was not an exercise of police and regulatory powers because it sought to take control of the debtors assets to allow certain policyholders and creditors to gain a pecuniary advantage over other creditors of the debtors estate B. holding that the interest of the public especially the debtor and creditors could limit compensation to a debtors counsel C. holding that the debtors false statements about the location of assets of the estate were material to the proceedings D. holding that at least a part of the debtors motivation was to keep assets away from the creditors E. holding that a bankruptcy courts jurisdiction does not diminish post confirmation if the debtor pursuant to a liquidating plan seeks to commence litigation to collect the debtors assets for the benefit of its creditors

assistant: The best answer is D. holding that at least a part of the debtors motivation was to keep assets away from the creditors
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The waiver by either party of the other party’s failure to perform or observe any term, covenant or condition herein contained to be performed or observed by such waiving party shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent failure of the party failing to perform or observe the same or any other such term, covenant or condition therein contained, and no custom or practice which may develop between the parties hereto during the Term hereof shall be deemed a waiver of, or in any way affect, the right of either party to insist upon performance and observance by the other party in strict accordance with the terms hereof.

assistant: Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have consistently held that waste disposal is subject to regulation by municipalities pursuant to their police powers. See Riley v. Monroe Cnty., 43 N.Y.2d 144, 400 N.Y.S.2d 801, 371 N.E.2d 520, 522 (1977) (characterizing waste disposal as an issue that “certainly affects the health and welfare of [the county’s] citizens” and is therefore subject to its police powers); Jamaica Recycling Corp. v. City of N.Y., 12 Misc.3d 276, 816 N.Y.S.2d 282, 291 (Sup.Ct.2006) (collecting “a long line of cases which hold that, in the exercise of their police powers, municipalities may regulate the disposal of solid waste”), aff'd, 38 A.D.3d 398, 832 N.Y.S.2d 40 (2007); cf. United Haulers Ass’n, Inc. v. Oneida-Herkimer Solid Waste Mgmt. Auth., 550 U.S. 330, 344, 127 S.Ct. 1786, 167 L.Ed.2d 655 (2007) (<HOLDING>); USA Recycling, Inc. v. Town of Babylon, 66 Options: A. recognizing probable cause as complete defense to a claim of malicious prosecution in new york internal quotation marks and brackets omitted B. holding that an appeal is not moot so long as the appellate court can fashion relief that is both effective and equitable internal quotation marks omitted alteration in original C. holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted D. holding that two new york counties ordinances governing the flow of solid waste does not violate the commerce clause in part because waste disposal is both typically and traditionally a local government function alteration in original internal quotation marks omitted E. holding that the reviewing court must accept the adverse credibility finding so long as one of the identified grounds is supported by substantial evidence and goes to the heart of the petitioners claim of persecution internal quotation marks omitted first alteration in original

assistant: The best answer is D. holding that two new york counties ordinances governing the flow of solid waste does not violate the commerce clause in part because waste disposal is both typically and traditionally a local government function alteration in original internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower has disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which any Loan Party is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. Neither the Information Memorandum nor any of the other reports, financial statements, certificates or other written information (other than projections, estimates, budgets and other forward-looking information, and other information of a general economic or industry specific nature) prepared by the Borrower and furnished to the Agents or any Lender in connection with the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished), taken together contains any misstatement of a material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading; provided that, all projected financial information prepared by the Borrower and furnished to the Agents or any Lender in connection with the Transactions represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time made (it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the Borrower’s control, and that no assurance can be given that the projections will be realized).

assistant: Disclosures
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: which was adopted after the eleventh amendment and which explicitly limits states' rights. Fitzpatrick v. Bitzer, 427 U.S. 445, 453-56, 96 S.Ct. 2666, 2670-71, 49 L.Ed.2d 614, 620-21 (1976). Section 1983 was enacted primarily pursuant to Congress’s powers under the fourteenth amendment. District of Columbia v. Carter, 409 U.S. 418, 423, 93 S.Ct. 602, 605, 34 L.Ed.2d 613, 619 (1973). 8 . Then-Justice Rehnquist, author of the majority opinion in Quern, previously opposed an expansive reading of § 1983. See, e.g., Monell, 436 U.S. at 714-24, 98 S.Ct. 2018, 2047-53, 56 L.Ed.2d 650-57 (Rehnquist, J., dissenting). 9 , Justice Brennan has been a leading advocate of an expansive reading of § 1983. See, e.g., Maine v. Thiboutot, 448 U.S. 1, 100 S.Ct. 2502, 65 L.Ed.2d 555 (1980) (Brennan, J.) (<HOLDING>); Monell, 436 U.S. at 658, 98 S.Ct. at 2018, 56 Options: A. holding that collateral estoppel applies to 1983 claims B. holding that alleged violations of a state statute did not give rise to federal constitutional claims C. holding that 1983 authorizes suits to redress violations by state officials of rights created by federal statutes as well as the federal constitution D. holding that 1983 applies to violations of any federal statute not just equal rights legislation E. holding that in california the oneyear statute applies to a 1983 action

assistant: The best answer is D. holding that 1983 applies to violations of any federal statute not just equal rights legislation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Toy. Thus, regardless of the fact that Toy maintained no reasonable expectation of privacy in the drugs at Yee’s house ... he could object to them as poisonous fruits.”) (internal quotations, alterations, and citations omitted). Here, Defendant finds himself in the predicament that Toy would have been in had authorities not first illegally entered Toy’s own premises and obtained information before obtaining the narcotics from Yee, i.e., Defendant objects to alleged police misconduct in entering an area where he had no reasonable expectation of privacy. Defendant’s lack of a legitimate expectation of privacy in Gonzalez’s residence cuts off his fruit of the poisonous tree argument at the knees. See Alderman v. United States, 394 U.S. 165, 171-72, 89 S.Ct. 961, 22 L.Ed.2d 176 (1969) (<HOLDING>). Merely by alleging a subsequent unlawful Options: A. holding that a warrant issued by a judge lacking authority violated defendants fourth amendment rights B. holding a fourth amendment violation can only be raised by those whose rights were violated by the search itself not by those who are aggrieved solely by the introduction of damaging evidence C. holding that search of middle school student violated her fourth amendment rights D. holding that mere insertion of key was not a search or at least not an unreasonable search protected by the fourth amendment E. holding that the fourth amendment and the exclusionary rules are not implicated by a private search

assistant: The best answer is B. holding a fourth amendment violation can only be raised by those whose rights were violated by the search itself not by those who are aggrieved solely by the introduction of damaging evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: The Receiving Party shall not, without the prior written approval of the Disclosing Party in each instance or unless otherwise expressly permitted in this Agreement, use for its own benefit, publish or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any of the Confidential Information. This Agreement constitutes the sole understanding of the parties with respect to the subject matter hereof and may not be amended or modified except in writing signed by each of the parties hereto.

assistant: Yes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you must sign into xbox services at least once in a five-year period , otherwise you may lose access to the gamertag associated with your account and that gamertag may become available for use by others .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If your Service terminates by reason of your Disability prior to the Scheduled Vesting Date, then the number of Units deemed earned and vested shall be determined as follows: (i) if your termination of Service due to Disability occurs before the last day of the Measurement Period, the Target Number of Units, prorated to reflect the portion of the Measurement Period that had passed prior to the date of the termination of your Service; and (ii) if your termination of Service due to Disability occurs on the last day of or after the conclusion of the Measurement Period, the number of Units will be determined in accordance with Section 4(a) and Annex A hereof based on the actual level of achievement of the performance goals set forth in Annex A . The Units earned and calculated as set forth above shall be fully vested as of the date of your termination of Service due to Disability.

assistant: Disability