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 legal provision and list the applicable contract clause categories. Provision: Except to the extent disclosure hereof is required in PUGET’s filings with the SEC, the Parties covenant and agree that it is AN ESSENTIAL CONDITION OF THIS AGREEMENT that its contents, terms and provisions be maintained confidential for a period of sixty days from execution , for which reason the Agreement shall be filed under seal with the US District Court in which the Civil Action is pending for a period of sixty days from execution and any beach of this confidentiality provision by any Party hereto without the express prior written consent of the other Parties and/or an order of the Court shall be subject to any and all available remedies in law and equity. After 60 days from execution of this Agreement, either party may request that the Court so-order this agreement.

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 legal provision and list the applicable contract clause categories. Provision: Borrower has furnished Lender with the following financial statements, identified by the President, Chief Executive Officer or Controller of Borrower: (a) consolidated balance sheets and profit and loss statements of Borrower and its Consolidated Subsidiaries as of December 31, 2014, all certified by Borrower’s independent certified public accountants, which financial statements have been prepared in accordance with GAAP; and (b) the Consolidated Financial Statements for Bank Holding Companies (FR Y-9C) of Borrower and its Consolidated Subsidiaries as of September 30, 2015; (c) the Parent Company Only Financial Statements for Large Bank Holding Companies (FR Y-9LP) for Borrower as of September 30, 2015; and (d) the Consolidated Reports of Condition and Income For A Bank With Domestic Offices Only (FFIEC 041) of Subsidiary Bank as of September 30, 2015, certified by the President, Chief Executive Officer, Vice Chairman, or Chief Financial Officer of Subsidiary Bank.

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 case excerpt and choose the best holding from the options. Case excerpt: other funds. 9 . 11 U.S.C. § 541; Owen v. Owen, 500 U.S. 305, 308, 111 S.Ct. 1833, 114 L.Ed.2d 350 (1991); In re Reed, 184 B.R. 733, 737 (Bankr.W.D.Tex.1995). 10 . 11 U.S.C. § 522(b) ("[A]n individual debt- or may exempt from property of the estate the property listed in either paragraph (1) [the list of federal exemptions] or, in the alternative, paragraph (2) [the provision allowing the application of state law].”). 11 . 11 U.S.C. § 522(b)(2)(A). 12 . 500 U.S. 305, 111 S.Ct. 1833, 114 L.Ed.2d 350 (1991). 13 . Id. at 308, 111 S.Ct. 1833. 14 . See White v. Stump, 266 U.S. 310, 312, 45 S.Ct 103, 69 L.Ed. 301 (1924) ("[The Bankruptcy Code] makes the state laws existing when the petition is filed the measure of the right to exemptions.”); In re Sandoval, 103 F.3d 20, 23 (5th Cir.1997) (<HOLDING>); In re John Taylor Co., 935 F.2d 75, 78 (5th Options: A. holding that facts as they existed on the date of the original bankruptcy petition not on the date of conversion from chapter 13 to chapter 7 bankruptcy applied B. holding tort action accruing after original chapter 7 petition not part of estate when case converted to chapter 13 and then back to chapter 7 C. holding that the conversion of a chapter 7 petition to a chapter 13 petition was not final until the plan itself was approved D. holding that funds held by chapter 13 trustee become property of the chapter 7 estate upon conversion not subject to exemption E. recognizing that a debt ors sequential filing of a chapter 7 petition and then a chapter 13 petition is the socalled chapter 20

assistant: The best answer is A. holding that facts as they existed on the date of the original bankruptcy petition not on the date of conversion from chapter 13 to chapter 7 bankruptcy applied
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 the City’s administrative expenses in exercising its police power, including the costs associated with any incidental consequences of the franchised services. If after trial the district court determines that none of the franchise fees are reasonably related to the City’s administrative expenses, the court shall issue the appropriate order disallowing the franchise fees as contained in the ordinances. However, if the district court determines that all or part of the franchise fees are reasonably related to the City’s administrative expenses, the court shall enforce the ordinances up to an amount equal to the fees reasonably related to the City’s administrative expenses in exercising its police power. Cf. State ex rel. Turner v. Younker Bros., Inc., 210 N.W.2d 550, 565 (Iowa 1973) (<HOLDING>); Ehlers v. Iowa Warehouse Co., 188 N.W.2d 368, Options: A. holding that the meaning of allowed secured claim in 506a does not determine the meaning of allowed secured claim in 506d B. holding a department store was not allowed to collect finance charges on its retail installment contracts and revolving charge accounts that were in excess of the interest rate allowed by statute however the store was allowed to assess finance charges in the amount allowed by statute C. holding that ridethrough is allowed D. holding that punitive damages are not allowed under the flsa E. holding that the words allowed secured claim in 506d refer to a claim that is secured by a lien and allowed under 502

assistant: The best answer is B. holding a department store was not allowed to collect finance charges on its retail installment contracts and revolving charge accounts that were in excess of the interest rate allowed by statute however the store was allowed to assess finance charges in the amount allowed by statute
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: is not a pollutant. See, e.g., McFadden, 595 N.E.2d at 764 (finding that an insured could reasonably understand the pollution exclusion to “exclude coverage for injury caused by certain forms of industrial pollution, but not coverage for injury allegedly caused by the presence of leaded materials in a private residence.”). Accordingly, it is at least plausible that the pollution exclusion was not meant to and does not apply to lead exposure claims. There are several lower state court cases, cited by both plaintiff and defendant that interpret the pollution exclusion, as applied to lead poisoning and other injuries, in seemingly incongruous ways. The relevant Appellate Division cases are: American Heritage Realty Partnership v. La Voy, 209 A.D.2d 749, 618 N.Y.S.2d 125 (3d Dep’t 1994) (<HOLDING>); Miano v. Hehn, 206 A.D.2d 957, 614 N.Y.S.2d Options: A. holding lead paint poisoning covered by the pollution exclusion B. holding that the discharge of paint chips into soil was covered by the pollution exclusion because it polluted the environment but that the presence of lead paint in a household would not be so covered C. holding that the release of carbon monoxide into an apartment is not the type of environmental pollution contemplated by the pollution exclusion clause D. holding that removal of insulation that released asbestos a thermal irritant into an apartment was covered by the pollution exclusion E. holding that pollution exclusion did not apply to claim arising from ingestion of lead paint because exclusion reasonably may be limited to environmental claims

assistant: The best answer is D. holding that removal of insulation that released asbestos a thermal irritant into an apartment was covered by the pollution exclusion
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 door. When the door opened, Klein, who was in uniform, observed Richardson pointing a shotgun toward his chest. In this regard, the connection between illegal drugs and firearms is well established, United States v. Santos, 541 F.3d 63, 72 (2d Cir.2008), United States v. Gaskin, 364 F.3d 438, 457 (2d Cir.2004), cert. denied, 544 U.S. 990, 125 S.Ct. 1878, 161 L.Ed.2d 751 (2005), and “is undoubtedly at least as well known to police officers as to anyone.” United States v. Singleton, 608 F.Supp.2d at 404. It was therefore objectively reasonable for Klein to believe that the individuals inside 1955 E. Main Street Apartment A were involved in drug trafficking and possessed a weapon in fur therance their drug trafficking activities. United States v. Reyes, 353 F.3d 148, 154 (2d Cir.2003) (<HOLDING>), cert. denied, 549 U.S. 1260, 127 S.Ct. 1391, Options: A. recognizing that firearms are regularly found on narcotics traffickers B. holding that evidence supported finding of constructive possession of concealed narcotics in part because narcotics paraphernalia was found in residence C. holding admissible police officers testimony that firearms are commonly used in drug trafficking D. recognizing firearms as common tools of the drug trade E. holding that juries may infer an intent to distribute narcotics from the presence of firearms

assistant: The best answer is A. recognizing that firearms are regularly found on narcotics traffickers
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 Seller hereby sells, transfers, assigns, conveys and delivers to Buyer all of such Seller’s right, title and interest in, to or under the Purchased Assets (which shall not include, and Buyer is not acquiring from Sellers, any of the Excluded Assets, and each Seller shall retain ownership of all right, title and interest in and to its respective Excluded Assets). Notwithstanding the foregoing, the Parties acknowledge that the Purchased Assets constituting the Assumed Real Property Leases are being assigned to, and assumed by, Buyer pursuant to the Assignment and Assumption of Leases and not pursuant this Agreement.

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: In making the calculations in connection with any notice, request or report or otherwise, (i) the Collateral Agent shall be entitled (but not obligated) to rely on the Custodian, (ii) the Administrative Agent shall be entitled to rely on the Custodian and/or the Collateral Agent, and (iii) the Collateral Agent and the Custodian shall be entitled to rely on any independent pricing service in the determination of the Market Value with respect to the Eligible Securities described therein.

assistant: Notices
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 and the other Loan Documents will be binding upon and inure to the benefit of the Borrower and Lender and their respective successors and assigns, except that the Borrower may not assign or transfer its rights or obligations under this Agreement or the other Loan Documents without the prior written consent of Lender.

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: Executive agrees that, upon reasonable notice and without the necessity of the Company obtaining a subpoena or court order, Executive shall provide reasonable cooperation in connection with any suit, action or proceeding (or any appeal from any suit, action or proceeding), or the decision to commence on behalf of the Company any suit, action or proceeding, and any investigation and/or defense of any claims asserted against any of the Company’s or its Affiliates’ current or former directors officers, employees, shareholders, partners, members, agents or representatives of any of the foregoing, which relates to events occurring during Executive’s employment hereunder by the Company as to which Executive may have relevant information (including but not limited to furnishing relevant information and materials to the Company or its designee and/or providing testimony at depositions and at trial), provided that with respect to such cooperation occurring following termination of the Term, the Company shall reimburse Executive for expenses reasonably incurred in connection therewith, including reasonable and necessary attorney fees where the attorney is engaged in consultation with the Company, and shall schedule such cooperation to the extent reasonably practicable so as not to unreasonably interfere with Executive’s business or personal affairs.

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 legal provision and list the applicable contract clause categories. Provision: From and after the Closing Date: (a) Seller shall cooperate with Buyer to transfer to Buyer the full title, control and enjoyment of the Specified Assets; (b) Seller shall promptly deliver to Buyer all correspondence, papers, documents and other items and materials received by it or found to be in its possession which pertain to the Specified Assets; and (c) Seller shall cooperate with Buyer and its auditors with respect to requests for financial information relating to the Business prior to Closing, which financial information may be required to be reviewed, audited and publicly reported, pursuant to GAAP and/or applicable Law. In furtherance of the foregoing, Buyer shall promptly take all actions and do all things necessary in order for Buyer to take physical possession of the Specified Assets which constitute tangible personal property. Seller shall provide Buyer with access, upon reasonable prior notice from Buyer, to the Specified Assets to permit Buyer to comply with its obligations hereunder. At any time and from time to time after the Closing Date, at Buyer’s request and without further consideration, Seller shall execute and deliver all such further agreements, certificates, instruments and documents and perform such further actions as Buyer may reasonably request, in order to fully consummate the transactions contemplated by this Agreement and fully carry out the purposes and intent of this Agreement.

assistant: Further Assurances
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: parents and guardians who wish to review personal data concerning their child ( ren ) will be required to specify the usernames and passwords of the child ( ren ) concerned , and to provide their own e-mail address for verification and contact purposes .

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 proceeds of the Loan will be used by the Borrower (and, to the extent distributed by the Borrower, each Subsidiary of the Borrower) solely for working capital needs and general corporate purposes of the Borrower and its Subsidiaries.

assistant: Use Of Proceeds
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 waiver by a party at any time of any breach by the other party of, or compliance by the other party with, any provision of this Agreement to be performed by the other party shall be deemed a waiver of any other provision at the same time or at any prior or subsequent time.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement will be binding upon and inure to the benefit of and be enforceable by the respective successors and permitted assigns of the Parties. Neither Party may assign (whether by operation of Law or otherwise) this Agreement or any rights, interests or obligations provided by this Agreement without the prior written consent of the other Party; provided , however , that either Party may assign this Agreement and any or all rights and obligations under this Agreement to any of its Affiliates upon prior written notice to the other Party; provided , further , that no such assignment shall release either Party from any Liability under this Agreement. Any attempted assignment in violation of this Section 8 shall be void ab initio .

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: This Agreement, the entire relationship of the parties hereto, and any litigation between the parties (whether grounded in contract, tort, statute, law or equity) shall be governed by, construed in accordance with, and interpreted pursuant to the laws of the State of Delaware, without giving effect to its choice of laws principles.

assistant: Governing Laws
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 one or more counterparts (which may include counterparts delivered by any standard form of telecommunication), each of which shall constitute an original and all of which together shall constitute one and the same 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 case excerpt and choose the best holding from the options. Case excerpt: CV-2036, 2008 WL 239550, at *3 (N.D.Ohio Jan.28, 2008). Thus, because CBG could not adequately explain its delay in bringing the claims — indeed, the factual basis for the new claims existed at the beginning of the lawsuit — and because the addition of new tort claims would have resulted in prejudice to defendants at such a late stage in the litigation, the district court did not abuse its discretion in denying CBG’s motions to amend. See Duggins v. Steak ‘N Shake, Inc., 195 F.3d 828, 834 (6th Cir.1999) (upholding district court’s denial of leave to amend because plaintiff was aware of basis of claim for months prior to seeking amendment, the time for discovery had passed, dispositive motion deadline had passed, and a motion for summary judgment had been filed); Leary, 349 F.3d at 909 (<HOLDING>). C. Discovery-Related Rulings Finally, CBG Options: A. holding that the district court did not abuse its discretion in dismissing a complaint with prejudice based on the plaintiffs failure to amend the complaint by the deadline imposed by the court B. holding that district court did not abuse its discretion by denying plaintiffs motion to amend complaint to add punitive damages where motion was filed seven weeks before end of discovery but ten months after district court entered scheduling order and where plaintiff provided no reason why those damages could not have been alleged earlier and no good cause for late filing of motion to amend C. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint D. holding that district court did not abuse its discretion where it determined that plaintiffs failed to show good cause to amend complaint after dispositive motion deadline E. holding district court did not abuse its discretion in not granting plaintiffs leave to amend complaint for a third time

assistant: The best answer is D. holding that district court did not abuse its discretion where it determined that plaintiffs failed to show good cause to amend complaint after dispositive motion deadline
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: for approval of a settlement agreement. We have jurisdiction under 28 U.S.C. § 158(d)(1), and we dismiss the appeal for lack of prudential standing. 1. French Automobile’s appeal rests entirely on its claims that the bankruptcy court’s order was entered in violation of its due process rights under 11 U.S.C. § 363 and Federal Rules of Bankruptcy Procedure 4001(b) and 7001(2). Because French Automobile had proper notice of the hearing on the trustee’s motion and failed to properly raise its due process claims to the bankruptcy court in the first instance in either its written response to the motion or at the subsequent hearing on the motion, French Automobile lacks prudential standing to raise these claims on appeal. See In re Commercial W. Fin. Corp., 761 F.2d 1329, 1335 (9th Cir. 1985) (<HOLDING>). 2. Even if we declined to dismiss French Options: A. holding that provided the appellant has proper notice of the bankruptcy court proceeding attendance and objection at the proceeding are prerequisites to fulfilling the person aggrieved standard B. holding that in a noncore proceeding a bankruptcy court may enter final orders with the consent of all the parties to the proceeding C. holding that a notice of appeal filed in an adversary proceeding could not appeal the main proceeding D. holding that a workers compensation proceeding is a legal proceeding E. holding that the bankruptcy court has the inherent power to award sanctions for badfaith conduct in a bankruptcy court proceeding

assistant: The best answer is A. holding that provided the appellant has proper notice of the bankruptcy court proceeding attendance and objection at the proceeding are prerequisites to fulfilling the person aggrieved 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 legal provision and list the applicable contract clause categories. Provision: Except as would not reasonably be expected to have a Material Adverse Effect, the Company is in compliance with all applicable federal, state, municipal, and local laws, statutes, ordinances and regulations (“ Applicable Laws ”).

assistant: Compliance With Laws
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: offense for burglary. However, because Connecticut law provides that burglary may be predicated on any crime, see Conn. Gen. Stat. § 58a-108 (2012), that decision does not aid our analysis. 123 Like Colorado, Washington limits qualifying predicate offenses for burglary to "crime[s] against a person or property." Wash. Rev.Code §§ 9A.52.020(1), 9A.52.025(1), 9A.52.030(1). Unlike Colorado, however, a Washington statute expressly defines "crimes against persons" and "crimes against property." Wash. Rev.Code § 9.94A.411(2)(a). Obstructing a law enforcement officer does not appear in either category. For this reason, obstructing a law enforcement officer is not a valid predicate offense for burglary under Washington law. See State v. Devitt, 152 Wash.App. 907, 218 P.3d 647, 648-49 (2009) (<HOLDING>). 124 Those states that do not statutorily Options: A. holding that a question about present employment in field of law enforcement did not trigger disclosure of past employment in field of law enforcement B. holding omission in the jury instruction of element of offense requires a new trial C. holding attempted aggravated assault on a law enforcement officer is not a crime in florida D. holding in addition that offense of obstructing a law enforcement officer did not meet therein element of burglary E. holding that the trial court committed fundamental error in not instructing the jury on the knowledge element of the offense of resisting an officer without violence when that element was in dispute at trial

assistant: The best answer is D. holding in addition that offense of obstructing a law enforcement officer did not meet therein element of burglary
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: they ignored the obvious warning signs of the alleged mispricings by Smirloek of the funds portfolios.” The examples of such “obvious warning signs” provided by Appaloosa and Tepper are: “significant inconsistencies in markets in which Smirloek invested for the funds; significant discrepancies in securities valuations from different dealers for the funds’ portfolio securities; and the substitution of the prices of more valuable securities for those of less valuable securities in the funds’ portfolio valuations.” As further support for their allegation of conscious misbehavior or recklessness, Appaloosa and Tepper contend that the James River Defendants “failed to institute any meaningful systems of internal controls over Smirl 9 CIV. 8761, 2000 WL 977673, at *6 (S.D.N.Y. July 17, 2000) (<HOLDING>). The Court finds that here, the facts alleged Options: A. holding that scienter had not adequately been pled where the plaintiffs provided none of the required facts underlying the complaints allegations as to the information that was supposedly available to the individual defendants B. holding scienter not adequately alleged where the complaint lacked sufficient specificity as to facts regarding how and when defendants received information which they allegedly recklessly ignored C. holding that single paragraph asserting that plaintiffs based their information and belief on investigation of sec filings analysts reports press releases and discussions with consultants neither provided required facts underlying complaints allegations nor directed court to where facts could be found D. holding that underlying complaints filed by several plaintiffs all contained express allegations of property damage and that because all complaints arose from the same set of circumstances the allegations in any single complaint can be inferred in the other complaints E. holding that the plaintiffs failed to allege scienter because in part the amended complaint affords no basis for inferring that the individual defendants would have heard about these whistleblower complaints during the class period

assistant: The best answer is A. holding that scienter had not adequately been pled where the plaintiffs provided none of the required facts underlying the complaints allegations as to the information that was supposedly available to the individual defendants
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 of this Agreement, nor the issuance, offering or sale of the Placement Shares, nor the consummation of any of the transactions contemplated herein and therein, nor the compliance by the Company with the terms and provisions hereof and thereof will conflict with, or will result in a breach of, any of the terms and provisions of, or has constituted or will constitute a default under, or has resulted in or will result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Company pursuant to the terms of any contract or other agreement to which the Company may be bound or to which any of the property or assets of the Company is subject, except (i) such conflicts, breaches or defaults as may have been waived and (ii) such conflicts, breaches and defaults that would not have a Material Adverse Effect; nor will such action result (x) in any violation of the provisions of the organizational or governing documents of the Company, or (y) in any material violation of the provisions of any statute or any order, rule or regulation applicable to the Company or of any court or of any federal, state or other regulatory authority or other government body having jurisdiction over the Company, except where such violation would not have a Material Adverse Effect.

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: made in awarding disability benefits on the basis that permitting such revision promotes the early payment of benefits by employers, and a failure to do so “will have a chilling effect upon awarding disability payments in the Commonwealth.” (Department’s Brief at 14.) However, we note the clear distinction between the present ease and Bama. In Bar-mi, the employer awarded workers’ compensation benefits prior to any investigation of the claimant’s claim. As a result, our Supreme Court permitted the employer to seek relief. However, in the present case, the Department awarded Claimant benefits after an investigation was conducted regarding his injury, and, per Beissel, the Department’s acceptance of liability after that investigation precluded it from litigating th Pa. 312, 105 A.2d 336 (<HOLDING>), cert. denied, 348 U.S. 857, 75 S.Ct. 82, 99 Options: A. holding that it is an abuse of discretion to make errors of law or clear errors of factual determination B. holding counsel cannot be ineffective based on errors that the appellate court determined on direct appeal were not errors plain or otherwise C. holding that the doctrine of sovereign immunity in the commonwealth resulted from a mistaken view of the law by earlier courts D. holding that errors or mistaken belief regarding applicable law did not estop the commonwealth from collecting taxes legally due E. recognizing that a federal habeas court does not rule on errors in the application of state law especially rulings regarding the admission or exclusion of evidence

assistant: The best answer is D. holding that errors or mistaken belief regarding applicable law did not estop the commonwealth from collecting taxes legally due
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that no Loan Party may assign or otherwise transfer any of its rights or obligations hereunder or under any other Loan Document without the prior written Consent of the Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an Eligible Assignee in accordance with the provisions of Section 10.06(b) , (ii) by way of participation in accordance with the provisions of subsection Section 10.06(d) , or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 10.06(f) (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (c) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Credit Parties) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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: Neither the execution and delivery of this Agreement by such Stockholder, nor the performance by such Stockholder of its obligations under this Agreement, will (i) conflict with or violate any provision of the organizational documents of such Stockholder or (ii) (A) violate any Law applicable to such Stockholder or any of its properties or assets, (B) result in the creation by such Stockholder of any Lien upon its shares of Company Class B Common Stock or LLC Units or (C) violate, conflict with, result in the loss of any material benefit under, constitute a default (or an event which, with notice or lapse of time, or both, would constitute a default) under, result in the termination of or a right of termination or cancellation under, or accelerate the performance required by such Stockholder under, any of the terms, conditions or provisions of any note, bond, mortgage, indenture, deed of trust, license, permit, lease, agreement or other instrument or obligation to which such Stockholder is a party, or by which such Stockholder or any of its properties or assets may be bound or affected, except for, in the case of clause (ii)(C) , any such violations, conflicts, losses, defaults, terminations, cancellations or accelerations that would not reasonably be expected to prevent the performance by such Stockholder of its obligations under this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Borrower shall deliver to Lender annual consolidating company-prepared financial statements, including balance sheet and income statements, within one hundred and twenty (120) days after the end of each of the Borrower’s fiscal years, which financial statements shall be certified by the Borrower’s chief financial officer or another officer or representative acceptable to Lender.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are taking part in any trial-period offer , you must cancel the trial service ( s ) by the end of the trial period to avoid incurring new charges , unless we notify you otherwise .

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: require a stricter standard under federal law than that which the Supreme Court imposed. Third, in this case, Officer Beilis relied in part on an x-ray of the package, which was not available to the officers in either Ramsey or Safari. This x-ray revealed items of greater density than would be expected of similarly shaped items, and given the officer’s extensive experience reviewing x-rays of incoming foreign packages, it is appropriate to afford considerable weight to the officer’s interpretation of this x-ray scan. In all, the totality of the circumstances here supports Officer Beilis’s conclusion that reasonable cause existed to suspect that the package contained unlawfully imported contraband. Cf. Ornelas v. United States, 517 U.S. 690, 701, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996) (<HOLDING>). As such, the search of the package in this Options: A. recognizing that district courts finding of reasonable suspicion or probable cause based on the totality of the circumstances is ordinarily accorded deference B. holding reasonable suspicion is based on totality of circumstances C. holding that a totality of circumstances standard was proper for determining probable cause for issuance of a search warrant based on information from an informant D. holding this framework applies whether the traffic stop is based on probable cause or reasonable suspicion E. holding that the reasonableness inquiry is based upon the totality of the circumstances in determining whether or not a search was reasonable

assistant: The best answer is A. recognizing that district courts finding of reasonable suspicion or probable cause based on the totality of the circumstances is ordinarily accorded deference
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: of ... providing benefits to participants and their beneficiaries” and that the fiduciary “shall not ... deal with the assets of the plan in his own interest or for his own account.” 29 U.S.C. §§ 1104(a)(1), 1106(b) (emphases added). 5 . These principles are consistent with the law of trusts, which "often will inform, but will not necessarily determine the outcome of, an effort to interpret ERISA's fiduciary duties.” Varity Corp., 516 U.S. at 497, 116 S.Ct. 1065. A financial loss is not a requirement for a disgorgement claim under trust law. See Restatement (Third) of Trusts § 100 cmt. c (explaining a trustee "is liable for any profit he has made through his breach of trust even though the trust has suffered no loss”); see also Scanlan v. Eisenberg, 669 F.3d 838, 846 (7th Cir.2012) (<HOLDING>). 6 . Notably, for the proposition that an Options: A. holding a plaintiff had standing to bring a state law disgorgement claim even though her ultimate distributions were not diminished by the breach of fiduciary duty B. holding that plaintiffs were entitled to a jury trial on claim of breach of fiduciary duty where underlying claim was a common law negligence action C. holding that plaintiff lacked article iii standing when the alleged breach of fiduciary duty if anything increased his retirement distributions D. holding that breach of fiduciary duty claim was preempted by fehba E. holding that claim of breach of fiduciary duty can be resolved under connecticut law

assistant: The best answer is A. holding a plaintiff had standing to bring a state law disgorgement claim even though her ultimate distributions were not diminished by the breach of fiduciary duty
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: plaintiffs only recourse in the lower court had been to show that “equitable considerations-justified taking the contract out from under the Statute of Frauds” where contract for the sale of’land was prepared by defendant, signed by plaintiff, and never signed by defendant). The statute of frauds anticipates a written contract signed by both partiés. The primary exception to the expectation of two signatures arises from the language of the statute which requires only a writing “signed by the party' to be charged therewith.” Subject to the substantive requirements of offer, acceptance, and consideration, a written contract may be enforced against a party who has signed it even if the other has not. See First Nat. Bank of St. Johnsbury v. Laperle, 117 Vt. 144, 86 A.2d 635, 638 (1952) (<HOLDING>);- Restatement (2d) of Contracts § 131 (1981) Options: A. holding that to prove ineffectiveness where defendant rejected plea offer upon advice of counsel defendant must show he would have accepted the offer had counsel advised correctly the state would not have withdrawn its offer the court would have accepted the offer and the resulting sentence would have been less severe B. recognizing further that the offer of proof allows the aggrieved party to present a proper record for review on appeal and in the absence of such an offer error may not be preserved C. holding that to demonstrate prejudice resulting from counsels deficient performance that caused a defendant to forgo a favorable plea offer a defendant must show that he would have accepted the offer to plead and that there is a reasonable probability neither the prosecution nor the trial court would have prevented the offer from being accepted or implemented D. holding that when a contract is partially parol and partially written parol evidence may prove the parol terms E. holding that a written offer accepted by parol may constitute a sufficient memorandum of the contract provided the person making the offer is the party to be charged

assistant: The best answer is E. holding that a written offer accepted by parol may constitute a sufficient memorandum of the contract provided the person making the offer is the party to be charged
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: . Id. 46 . Id. 47 . Marten, 1998 WL 13244, at * 10. 48 . Id. 49 . Id. 50 . Id. (citations omitted). 51 . Garnishee Def.’s Mem. In Opp'n to Mot. to Compel at 9, EOF No. 26 (citing Henry Enterprises, Inc. v. Smith, 225 Kan. 615, 592 P.2d 915 (1979)). 52 . The Court notes that Geico’s Memorandum in Opposition relies on Henry Enterprises, Inc. v. Smith as its sole legal authority throughout its entire argument section. 53 . S.E.C. v. McNaul, 271 F.R.D. 661, 665 (D.Kan.2010) (citing Frontier Refining, Inc., 136 F.3d at 702 n. 10). 54 . 592 P.2dat 921. 55 . See Burton v. R.J. R t failed to establish work-product protection because it relied on eonclusory allegations not supported by affidavits or other evidence); Disi-clore v. Mail Contractors of Am., Inc., 196 F.R.D. 410, 414 (D.Kan.2000) (<HOLDING>). 59 . Fed.R.Civ.P. 26(b)(1). 60 . Sheldon v. Options: A. holding that defendants assertions of workproduct were not supported by competent evidence B. holding that unsubstantiated assertions are not competent summary judgment evidence C. holding law court will not overturn conclusions supported by competent and substantial evidence D. holding that a trial courts finding of a fraudulent lien must be supported by competent evidence E. holding that hearing is appropriate when application contains assertions of fact that a petitioner is in a position to establish by competent evidence

assistant: The best answer is A. holding that defendants assertions of workproduct were not supported by competent 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: Read the legal provision and list the applicable contract clause categories. Provision: During the period commencing on the Offer Date and ending on the Separation Date (the “ Transition Period ”), Employee shall continue to perform such duties as assigned by the Company as consistent with her position as Executive Vice President, General Counsel and Secretary of the Company.

assistant: Duties
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 to the contrary herein, AIPT understands, acknowledges and agrees that: Peak One has not waived any existing or future Event(s) of Default; the Note (and as amended, the Amended Note) will remain in default throughout the Forbearance Period; interest will continue to accrue at the rate of Default Interest (as defined in the Note (and as amended, the Amended Note)), unless otherwise provided for; and the Forbearance Period will expire automatically without notice of any kind immediately upon the occurrence of any breach or default under this Agreement or Event of Default under any of the other Transaction Documents, including without limitation, any such default relating to a further breach of an existing Event of Default. AIPT acknowledges and agrees that no notice of any kind will be required by Peak One to exercise any of its rights and remedies under any of the Transaction Documents if AIPT commits a further Event of Default under any of the Transaction Documents.

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: Your bi-weekly base salary will be $19,230.77 ($500,000 annually) less required state and federal tax withholding and any other deductions you authorize to be withheld from your pay.

assistant: Base Salary
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: changes in Decoteau’s medical condition, defendant or the government may move at any time to amend this order. If Decoteau is restored to competence, a report shall be filed with the Court discussing the results of the treatment, whether and how the medications will affect Decoteau at trial, and how to monitor for effects of the treatment throughout trial. If, on the other hand, it is determined that the treatment has failed, the government shall file a report so advising the Court and assessing defendant’s current mental and physical condition. Finally, leave is granted to file an interlocutory appeal within 14 days of the entry of this order, which, except for the order that Decoteau remain at FMC Butner, is stayed pending possible appeal. Sell, 539 U.S. at 176, 123 S.Ct. 2174 (<HOLDING>). Unless the order is further stayed, the Options: A. holding that orders overruling claims of privilege and requiring disclosure are immediately appealable as collateral orders B. holding forced medication orders are immediately appealable C. holding that orders remanding an action to a federal agency are generally not considered final appealable orders D. holding that remand orders are also appealable orders under 28 usc 1291 E. holding that pendente lite orders and awards are not immediately appealable

assistant: The best answer is B. holding forced medication orders are immediately appealable