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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: welcome to the pokémon go video game services , which are accessible via the niantic , inc. ( `` niantic '' ) mobile device application ( the `` app '' ) .

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: The Company has not: (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by its creditors; (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of its assets; (iv) suffered the attachment or other judicial seizure of all, or substantially all, of its assets; (v) admitted in writing its inability to pay its debts as they come due; or (vi) made an offer of settlement, extension or composition to its creditors generally.

assistant: Solvency
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 powers conferred upon Agent and Lender by this Agreement are solely to protect its rights hereunder and under the other Loan Documents and its interest in the Collateral and shall not impose any duty upon Agent or Lender to exercise any such powers. No omission or delay by Agent or Lender at any time to enforce any right or remedy reserved to it, or to require performance of any of the terms, covenants or provisions hereof by Borrower at any time designated, shall be a waiver of any such right or remedy to which Agent or Lender is entitled, nor shall it in any way affect the right of Agent or Lender to enforce such provisions thereafter.

assistant: No 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 legal provision and list the applicable contract clause categories. Provision: Neither the execution and delivery by any Loan Party of the Loan Documents to which it is a party, nor the consummation of the transactions therein contemplated, nor compliance with the provisions thereof will violate (i) any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on the Company or any of its Subsidiaries or (ii) the Company’s or any Subsidiary’s articles or certificate of incorporation, partnership agreement, certificate of partnership, articles or certificate of organization, by-laws, or operating or other management agreement, as the case may be, or (iii) the provisions of any indenture, instrument or agreement to which the Company or any of its Subsidiaries is a party or is subject, or by which it, or its Property, is bound, or conflict with or constitute a default thereunder, or result in, or require, the creation or imposition of any Lien in, of or on the Property of the Company or a Subsidiary pursuant to the terms of any such indenture, instrument or agreement, where, solely with respect to this clause (iii), such violation, default or imposition could reasonably be expected to have a Material Adverse Effect. No order, consent, adjudication, approval, license, authorization, or validation of, or filing, recording or registration with, or exemption by, or other action in respect of any governmental or public body or authority, or any subdivision thereof, which has not been obtained by the Company or any of its Subsidiaries, is required to be obtained by the Company or any of its Subsidiaries in connection with the execution and delivery of the Loan Documents, the borrowings under this Agreement, the payment and performance by the Loan Parties of the Obligations or the legality, validity, binding effect or enforceability of any of the Loan Documents.

assistant: No Conflicts
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: an instruction, a jury may well assume it cannot find in the plaintiffs favor without direct evidence of discrimination. Townsend, 294 F.3d at 1241. Thus, we hold a pretext instruction “is required where, as here, a rational finder of fact could reasonably find the defendant’s explanation false and could ‘infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose.’ ” Id. (quoting Reeves, 530 U.S. at 147, 120 S.Ct. at 2108, 147 L.Ed.2d at 120). Raining Rose argues even if a pretext instruction should have been given, DeBoom was not prejudiced because she failed to present substantial evidence to support her claims for either sex or pregnancy discrimination. See Kanida v. Gulf Coast Med. Pers. LP, 363 F.3d 568, 577-78 (5th Cir.2004) (<HOLDING>). However, once the defendant offers legitimate Options: A. holding the exclusion of cumulative evidence was not prejudicial error B. holding that a trial courts refusal to allow the defendant to attend the jury view was not prejudicial C. holding that failure to give a limiting instruction for 404b evidence is not plain error D. holding that it was prejudicial error to fail to give such a cautionary instruction even where the defendant did not object at trial to the lack of such an instruction when the accomplice testimony was uncorroborated E. holding refusal to give pretext instruction was error but not prejudicial

assistant: The best answer is E. holding refusal to give pretext instruction was error but not prejudicial
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: In the event of any equity restructuring (within the meaning of Financial Accounting Standards Board Accounting Standards Codification Topic 718, Compensation—Stock Compensation) that causes the per share value of shares of Common Stock to change, such as a stock dividend, stock split, spinoff, rights offering or recapitalization through an extraordinary cash dividend, the number and class of securities subject to the award shall be appropriately adjusted by the Committee. In the event of any other change in corporate capitalization, including a merger, consolidation, reorganization, or partial or complete liquidation of the Company, such equitable adjustments described in the foregoing sentence may be made as determined to be appropriate and equitable by the Committee to prevent dilution or enlargement of rights of participants. The decision of the Committee regarding any such adjustment shall be final, binding and conclusive.

assistant: Adjustments
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: Regardless of any action the Company or any Subsidiary of the Company takes with respect to any or all income tax, social security, payroll tax, payment on account or other tax-related withholding (“Tax”) that the Recipient is required to bear pursuant to all applicable laws, the Recipient hereby acknowledges and agrees that the ultimate liability for all Tax is and remains the responsibility of the Recipient.

assistant: Tax Withholdings
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 Plan may be administered by the Board or one or more Committees. Each Committee shall comply with rules and regulations applicable to it, including under the rules of any exchange on which the Stock is traded, and shall have the authority and be responsible for such functions as have been assigned to it.

assistant: General
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 agreements in this Section and the indemnity provisions of Section 11.02(e) shall survive the resignation of the Administrative Agent, the L/C Issuer and any Swing Line Lender, the replacement of any Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all the other Obligations.

assistant: Survival
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 Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company on or before July 5, 2016 under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, and except as may have been corrected and/or restated by subsequently filed SEC Reports, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, except that the Company may not have furnished to the Commission and posted on its corporate Web site every Interactive Data File required to be submitted and posted within the timeframes required by Rule 405 of Regulation S-T, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company has never been an issuer subject to Rule 144(i) under the Securities Act. Except as may have been subsequently corrected and/or restated by subsequently filed SEC Reports, the financial statements of the Company included in the SEC Reports complied in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may have been subsequently corrected and/or restated by subsequently filed SEC Reports and as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods indicated therein, subject, in the case of unaudited statements, to normal, year-end audit adjustments.

assistant: Financial Statements
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 Executive shall reasonably cooperate with the Company in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the Company which relate to events or occurrences that transpired while Executive was employed by the Company; provided, however, that such cooperation shall not materially and adversely affect Executive or expose Executive to an increased probability of civil or criminal litigation. Executive’s cooperation in connection with such claims or actions shall include, but not be limited to, being available to meet with counsel to prepare for discovery or trial and to act as a witness on behalf of the Company at mutually convenient times. Executive also shall cooperate fully with the Company in connection with any investigation or review of any federal, state or local regulatory authority as any such investigation or review relates to events or occurrences that transpired while Executive was employed by the Company. The Company shall also provide Executive with compensation on an hourly basis at a rate equivalent to the hourly rate of the Executive’s last annual Base Salary (as defined in the Employment Agreement) calculated using a forty (40) hour week over fifty-two (52) weeks for requested litigation and regulatory cooperation that occurs after his termination of employment, and reimburse Executive for all costs and expenses incurred in connection with his performance under this Section 5, including, but not limited to, reasonable attorneys’ fees and costs.

assistant: Litigations
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: inadequacies in Ohio’s DNA testing law.” On balance then, the district court concluded injunctive relief was not warranted. Durr now appeals to this Court. II. First we consider whether it was proper for the district court to treat Durr’s action as a second or successive habeas petition rather than as a § 1983 action. Although most habeas corpus challenges will also, prima facie, state a claim under the plain language of § 1983, the Supreme Court has created an implied exception to § 1983’s broad scope for cases that lie “within the core of habeas corpus.” Preiser v. Rodriguez, 411 U.S. 475, 487, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973). The Supreme Court has explored the relationship between the two statutes in a series of cases. See Preiser, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (<HOLDING>); Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. Options: A. holding that a prisoner who challenged prison procedures used to deny him goodtime credits and not actual denial of those credits stated a cognizable claim under 1983 B. holding that state prisoners challenges to revocation of their goodtime credits through disciplinary proceedings could be brought as a 1983 action because inmates sought only a declaration that the disciplinary proceedings were invalid and thus attacked only wrong procedures and not wrong result C. holding that state prisoners challenges to the constitutionality of prison disciplinary proceedings that led to the deprivation of goodtime credits fell within the core of habeas D. holding that depriving inmates of statecreated right to goodtime credits in prison disciplinary proceedings requires due process E. holding that inmates serving life terms were not entitled to goodtime credits because state statute expressly foreclosed the granting of goodtime credits to such inmates

assistant: The best answer is C. holding that state prisoners challenges to the constitutionality of prison disciplinary proceedings that led to the deprivation of goodtime credits fell within the core of habeas
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 Second Amendment shall be effective upon (x) the receipt by the Security Trustee of executed counterparts of this Second Amendment by the Company and each Guarantor and (y) the execution of this Second Amendment by the Security Trustee.

assistant: Effectiveness
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: To the Knowledge of the Stockholder all factual information (taken as a whole) heretofore or contemporaneously requested by Parent or Buyer (or their financial advisor) and furnished to Parent or Buyer by or on behalf of Stockholder and the Company or their representatives for purposes of or in connection with this Agreement or the transactions contemplated herein was materially true and accurate on the date as of which such information is dated and the Stockholder does not believe such factual information is materially incomplete in any respect. By way of example, and not as a limitation, Stockholder has no reason to believe the information contained in the preliminary economic report on the Copper King Project dated August 24, 2012 and undertaken by Mine Development Associates is not true and correct in all material respects as of the original date of issuance of such report.

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 legal provision and list the applicable contract clause categories. Provision: This program shall be binding upon and inure to the benefit of Newmont Mining, the Participating Employers and the eligible Employees and Terminated Eligible Employees and their respective heirs, representatives and successors.

assistant: Successors
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 contains the entire agreement between the parties hereto with respect to the matters contemplated herein and supersedes all prior agreements or understandings among the parties related to such matters. In case of any conflict between the provisions hereof and the provisions of any other agreement or understanding between the parties with respect to such matters (including, without limitation, the Company’s Executive Handbook), the provisions of this Agreement shall be controlling.

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 legal provision and list the applicable contract clause categories. Provision: Consultant shall not incur any expenses without prior written approval of COMPANY. Unless otherwise agreed to by the parties, all normal and customary business expenses incurred by Consultant under this Agreement shall be paid by Consultant, and reimbursed, if such expenses are pre-approved in writing by the COMPANY, by COMPANY upon a showing of evidence of such expenses that is reasonably acceptable to the Company.

assistant: Expenses
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: evidence at the suppression hearing of defendant’s limited intellectual functioning. Although defense coun sel did not raise any issue concerning defendant’s intellectual functioning at the hearing, no evidence indicated that defendant was confused or incapable of understanding either the detectives or his rights. In contrast, the evidence indicates he was coherent, gave cogent answers that were responsive to the questions asked, and made his statements knowingly, freely, and voluntarily. Moreover, the record plainly reveals that defense counsel was aware of evidence of defendant’s mental condition, suggesting that failure to pursue the issue during the pretrial suppression hearing may have been a strategic decision. See State v. Frogge, 359 N.C. 228, 245, 607 S.E.2d 627, 637 (2005) (<HOLDING>). Nevertheless, because the record is silent as Options: A. holding that issues not argued specifically and distinctly in a partys opening brief are waived internal quotation marks and citations omitted B. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted C. recognizing probable cause as complete defense to a claim of malicious prosecution in new york internal quotation marks and brackets omitted D. holding that supervisory liability under 1983 must be based on active unconstitutional behavior and cannot be based upon a mere failure to act internal quotation marks omitted E. holding that defense counsels decision to abandon a defense based upon brain dysfunction and pursue a different approach was a reasonable professional judgment citations and internal quotation marks omitted

assistant: The best answer is E. holding that defense counsels decision to abandon a defense based upon brain dysfunction and pursue a different approach was a reasonable professional judgment citations and 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 case excerpt and choose the best holding from the options. Case excerpt: to watch television, exercise in a gymnasium, and work in the kitchen. Then the prosecutor listed all the things the four-year-old victim would never be able to do, such as go to school, get in fights with her sister, and worry her mother. In addition, the prosecutor argued that because of defendant’s conduct, Alecia never knew her sister or mother. At the very end of his argument, the prosecutor turned his attention to the murder of Mr. Worley: James Worley I’m sure had dreams. He had aspirations. And he had things he wanted to do in his life. Elton McLaughlin took that away from James Worley. He took that away from James Worley for three thousand dollars. Although defendant concedes that the United States Supreme Court overruled Booth v. Maryland, 482 U.S. 496, 96 L. Ed. 2d 440 (<HOLDING>), reh’g denied, 483 U.S. 1056, 97 L. Ed. 2d 820 Options: A. holding that eighth amendment prohibited consideration at sentencing of personal characteristics of the victim and the emotional im pact of the crimes on the victims family B. holding that malicious or sadistic use of force with intent to harm violates the eighth amendment C. holding that use of a victim impact statement during sentencing violated the eighth amendment D. holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized E. holding eighth amendment does not barper se prosecutorial comments on victim impact

assistant: The best answer is C. holding that use of a victim impact statement during sentencing violated the eighth amendment
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: seeking a permanent injunction must show that: (1) the party has achieved actual success on the merits; (2) irreparable harm will result unless the injunction is issued; (3) the threatened injury outweighs the harm that the injunction may cause to the opposing party; and (4) the injunction, if issued, will not adversely affect the public interest. Langlois v. Bd. of County Comm'rs, 78 P.3d 1154, 1158 (Colo.App.2003). 12 . In this Part we do not address the contribution bans imposed on labor organizations or Amendment 54's prohibition on contributions to ballot issues. We discuss these provisions in Parts V and VI, respectively. 13 . Citizens United held that "independent expenditures ... do not give rise to corruption or the appearance of corruption." 130 S.Ct. at 909; see id. at 908 (<HOLDING>). 14 . The State argues at great length on Options: A. holding in the absence of exceptional circumstances deference should be given to trial court B. holding that the explicit status quo provisions together with 2 first form an integrated harmonious scheme for preserving the status quo from the beginning of the major dispute through the final 30day coolingoff period C. holding that terms of the trust were incorporated in the will by reference as an integral part of the will and that in the absence of evidence that the testator clearly manifested a contrary intention they continued to set forth the testators distribution plan even though the former had lost its independent legal significance D. holding that we will not reverse in the absence of prejudice E. holding that the absence of prearrangement and coordination for independent expenditures alleviates the danger that expenditures will be given as a quid pro quo

assistant: The best answer is E. holding that the absence of prearrangement and coordination for independent expenditures alleviates the danger that expenditures will be given as a quid pro quo
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: case. We conclude, based upon Rambert and Nobles, that the evidence here supported three separate charges against defendant McDaniel. Consequently, the trial court did not err in entering three judgments against defendant McDaniel for discharging a weapon into occupied property. Defendant McDaniel also argues that he received ineffective assistance of counsel because his trial counsel failed to move, based on double jeopardy grounds, to arrest judgment on two counts of discharging a weapon into occupied property. Since we have concluded that defendant McDaniel could properly be convicted of and sentenced for all three counts, he cannot show that his attorney failed to provide effective assistance of counsel. See State v. Brewton, 173 N.C. App. 323, 333, 618 S.E.2d 850, 858 (2005) (<HOLDING>). We, therefore, conclude defendants received a Options: A. recognizing a constitutional claim for ineffective assistance of counsel B. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record C. holding that failure to object to admissible evidence was not ineffective assistance of counsel D. holding where defendant challenged jury instruction and also claimed ineffective assistance of counsel based upon his counsels failure to object to instruction because we find no error in the instructions defendants claim for ineffective assistance of counsel must also be rejected E. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate

assistant: The best answer is D. holding where defendant challenged jury instruction and also claimed ineffective assistance of counsel based upon his counsels failure to object to instruction because we find no error in the instructions defendants claim for ineffective assistance of counsel must also be rejected
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: Wherever possible, each provision of this Amendment No. 4 shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Amendment No. 4 shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Amendment No. 4.

assistant: Severability
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 may be provided in an Award Agreement, Other Share-Based Awards may be paid in cash, Shares, other property, or any combination thereof, in the sole discretion of the Committee. Other Share-Based Awards may be paid in a lump sum or in installments or, in accordance with procedures established by the Committee, on a deferred basis subject to the requirements of Section 409A of the Code.

assistant: Payments
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 incubation period the more fatal tetanus is likely to be. Avery allocated about a one-third risk that Lerma’s decaying teeth caused the tetanus. Regarding Lerma’s diabetic condition, Avery stated there was a ten to twenty percent risk associated with getting tetanus from diabetes. Further, Avery explained that not only was he unable to eliminate the above causes, but also he was unable to eliminate any other potential infections caused by an unidentified source. Dr. Mulder was unable to prove that it was a reasonable probability that Lerma contracted tetanus from the May 13th wound in light of the incubation period and in light of numerous other existing probable causes for the infection. See Hernandez v. Altenberg, 904 S.W.2d 734, 739 (Tex.App.-San Antonio 1995, writ denied) (<HOLDING>). Mulder’s reasoning that Lerma’s May 13th Options: A. holding that expert medical testimony was not necessary to establish negligence where surgeon left a needle in the patients body but stating that proof of proximate cause requires some expert testimony in medical malpractice cases B. holding expert testimony was based on reasonable medical probability where there were multiple possible causes and expert testified that one cause was more probable than the others C. holding any error in admitting testimony of expert witness was harmless because it was cumulative of same testimony given by six other expert witnesses who testified at trial D. holding that using the opinions of an expert that were not testified to during trial which were irrelevant and solely used to destroy the credibility of the expert was not admissible E. holding expert testimony provided no evidence as to causation since testimony was not based upon reasonable medical probability

assistant: The best answer is B. holding expert testimony was based on reasonable medical probability where there were multiple possible causes and expert testified that one cause was more probable than the others
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: case on a motion to dismiss for lack of standing, the nomenclature applied using the minority Wagoner standing rule followed in the Second Circuit. While the Trustee may bring this claim for aiding and abetting breach of fiduciary duty against Citibank, he does not have constitutional standing to recover damages for injuries that are particular to creditors. Specifically, the Trustee does not have constitutional standing to recover from Citibank money lost by the 1031 Debtors’ exchange participants who were waiting to complete their 1031 exchange transactions when Okun looted funds from the Citibank bank accounts. Courts in this Circuit have consistently rejected attempts by trustees to assert claims for injuries that are particularized to creditors. See, e.g., Hirsch, 72 F.3d at 1093 (<HOLDING>); Picard v. Taylor (In re Park S. Secs., LLC), Options: A. holding that a bankruptcy appellate panel abuses its discretion by preventing a bankruptcy trustee from reopening a chapter 7 bankruptcy proceeding when reopening the case would potentially benefit creditors B. holding that a bankruptcy trustee is barred from pursuing claims for injuries particularized to certain creditors C. holding that debtors failure to disclose claims against creditors in bankruptcy proceeding judicial estopped him from later prosecuting claims D. holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred E. holding that there is a difference between a debtor attempting to pursue an action for his own benefit and a trustee pursuing an action for the benefit of the creditors

assistant: The best answer is B. holding that a bankruptcy trustee is barred from pursuing claims for injuries particularized to certain 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 case excerpt and choose the best holding from the options. Case excerpt: stay is among the most basic of debtor protections under bankruptcy law.” Id. at 975; see also In re Steenstra, 280 B.R. 560, 566 (Bankr.D.Mass.2002). In re Weber, 283 B.R. 630, 633 (Bankr.D.Mass.2002). Section 362(a)(1) specifically bars “the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under [the Code] ....” 11 U.S.C. § 362(a)(1) (emphasis supplied). The statute is clear. The stay applies only to the debtor and not to co-defendants. Austin v. Unarco Industries, Inc., 705 F.2d 1, 4 (1st Cir.1983) (<HOLDING>), cert. dismissed, 463 U.S. 1247, 104 S.Ct. 34, Options: A. holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached would be inconsistent with the underlying purpose of the automatic stay B. holding that although the automatic stay only applies to proceedings against the debtor counterclaims seeking affirmative relief against a debtor implicate the automatic stay C. holding judgment in violation of automatic stay void D. holding that the automatic stay applies to the debt ors appeal of an order entered in action brought against the debtor in the lower court E. holding that the protections of the automatic stay apply only to actions against the debtor

assistant: The best answer is E. holding that the protections of the automatic stay apply only to actions against the debtor
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 agrees to cooperate reasonably with the other Party in the preparation, filing, prosecution and maintenance of any Licensed Patent Rights pursuant to this Section 9.2. Such cooperation includes executing all papers and instruments, or requiring employees or others to execute such papers or instruments, so as to effectuate the ownership of such Licensed Patent Rights and to enable the filing, prosecution, maintenance, and extension thereof in any country or region. In addition, the Parties shall reasonably cooperate with each other in obtaining patent term restoration or supplemental protection certificates or their equivalents in any country in the Territory where applicable to the Licensed Patent Rights.

assistant: Cooperation
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: with Turnage that the postconviction court’s formulation of the second Larrison prong was erroneous insofar as it seemed to focus its inquiry on whether there was sufficient evidence to convict Turnage even without Quantez’s testimony. Under the second Larrison prong, the court is to ask whether the petitioner has demonstrated “that without the [recanting witness’s] testimony, the jury might have reached a different conclusion.” Williams, 692 N.W.2d at 896; see also Hooper, 680 N.W.2d at 96 (affirming the postconviction court’s holding that second prong not met because “even without [the recanting witness’s] testimony, the strength of the other evidence presented at trial was such that the jury would not likely have reached a different conclusion”); cf. Opsahl II, 677 N.W.2d at 424 (<HOLDING>). As these cases make clear, the second Options: A. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses B. holding that second prong was met because of the seven witnesses who testified for the state in a largely circumstantial case the testimony of five of them was either formally recanted or otherwise called into doubt in postconviction proceedings C. holding any error in admitting testimony of expert witness was harmless because it was cumulative of same testimony given by six other expert witnesses who testified at trial D. holding that second state petition for postconviction relief that was dismissed as an abuse of the writ was properly filed E. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial

assistant: The best answer is B. holding that second prong was met because of the seven witnesses who testified for the state in a largely circumstantial case the testimony of five of them was either formally recanted or otherwise called into doubt in postconviction proceedings
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 may be signed in any number of counterparts, each of which shall be an original, with the same effect as if all signatures were upon the same instrument. Delivery of an executed counterpart of the signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually executed counterpart of this Agreement, and any party delivering such an executed counterpart of the signature page to this Agreement by facsimile or other electronic transmission to any other party shall thereafter also promptly deliver a manually executed counterpart of this Agreement to such other party, provided that the failure to deliver such manually executed counterpart shall not affect the validity, enforceability, or binding effect of this Agreement.

assistant: Counterparts
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: Buyer and Seller may assign their rights and obligations (including the rights to any deposits) hereunder in whole or in part, to one or more persons and/or entities, including the right to assign such rights hereunder with regard to the separate properties covered by this Agreement to separate assignees or to allocate such rights and items amongst them. Any such assignment shall be effective upon written notice provided to the non-assigning party. The foregoing notwithstanding, in the event of any assignment, the assignor shall remain liable for the failure of the assignee to perform the covenants and agreements provided herein.

assistant: Assignments
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 this Agreement and Executive’s employment hereunder is terminated due to the death of Executive pursuant to Section 7(c), Company shall have no obligation to Executive or legal representatives of Executive other than (i) payment of termination compensation in the amount equal to two (2) times Executive's annual Base Compensation in effect on the date of such termination, subject to applicable withholding taxes, and payable, in a lump sum(s) within sixty (60) days following the date of Executive’s death (the “ Payment Date ”); (ii) payment of Executive’s "target bonus," as that term is used in Company's current bonus plan for full time officers of Company, or its equivalent if the term or plan should be amended, which Executive would have been otherwise entitled to receive during the two (2) year period commencing on the date of such termination, payable on the Payment Date; (iii) payment of any accrued benefits or obligations owed to Executive; (iv) benefits (if any) provided in accordance with applicable plans, programs and arrangements of Company or as required by law; and (v) any outstanding equity grant(s) held by Executive at the time of such termination as governed by the agreement or plan pursuant to which such grant(s) was issued.

assistant: Death
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: who is under the age of consent serves to protect young people from being coerced by the power of an older, more mature person. The fact that the statute does not require the State to prove mens rea as to the victim’s age places the burden on the adult to ascertain the age of a potential sexual partner and to avoid sexual encounters with those who are determined to be too young to consent to such encounters. Even the dissenting opinion in Fleming acknowledged that “the State has a compelling interest in safeguarding the physical and psychological well-being of children. Protecting children is a widely articulated rationale for imposing strict liability for child sex offenses.” Id. at 610 (Keller, P.J., dissenting). See also Black v. State, 26 S.W.3d 895, 898 (Tex. Crim. App. 2000) (<HOLDING>). Here, it bears repeating, we are not Options: A. holding a social worker treating the child was permitted to testify to statements the child made about the abuse including the victims identification of the perpetrator because the statements were necessary to the treatment of ensuring the continued safety of the child B. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child C. holding that the theory elevating murder to a capital offense based on the victims status as a child does not require a mens rea with respect to that aggravating element and noting other penal code provisions refleeting the legislatures desire to protect child victims independent of the offenders knowledge or intent that his victim is a young child D. holding noncapital murder and injury to a child not same offenses for doublejeopardy purposes noting murder requires proof of death while injury to a child does not E. holding that the trial court did not err in allowing a witness to testify regarding the child victims hearsay statements prior to the child testifying because ocga 24316 allows testimony about a childs outofcourt statements even in cases when the child does not appear as a witness as long as the child is available at the trial to testify

assistant: The best answer is C. holding that the theory elevating murder to a capital offense based on the victims status as a child does not require a mens rea with respect to that aggravating element and noting other penal code provisions refleeting the legislatures desire to protect child victims independent of the offenders knowledge or intent that his victim is a young child
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: Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Merger Agreement. When used in this Agreement, the following terms shall have the meanings assigned to them in this Section 1 .

assistant: Definitions
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: No provisions of this Lease shall be deemed waived by Landlord unless such waiver is in a writing signed by Landlord. The waiver by Landlord of any breach of any provision of this Lease shall not be deemed a waiver of such provision or of any subsequent breach of the same or any other provision of this Lease. No delay or omission in the exercise of any right or remedy of Landlord upon any default by Tenant shall impair such right or remedy or be construed as a waiver. Landlord's acceptance of any payments of Rent due under this Lease shall not be deemed a waiver of any default by Tenant under this Lease (including Tenant's recurrent failure to timely pay Rent) other than Tenant's nonpayment of the accepted sums, and no endorsement or statement on any check or payment or in any letter or document accompanying any check or payment shall be deemed an accord and satisfaction. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant.

assistant: No 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 legal provision and list the applicable contract clause categories. Provision: In the event that the Company retains, utilizes or is represented by any broker or finder who is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement, the Company shall be solely responsible for payment of any such brokerage, finder’s or other fees or commissions.

assistant: Brokers