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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See, e.g., In re Banco Nacional, 91 B.R. 661, 664 (Bankr.S.D.N.Y.1988) (recognizing that the injunctive relief under section 304 "is not unlike the injunction which is automatic in a chapter 7 or 11 case pursuant to section 362 of the Code”). Later in the opinion, however, we will discuss the more appropriate analysis under section 304 of the Code. 10 . S.I. Acquisition, 817 F.2d at 1143-45. 11 . 714 F.2d 1266 (5th Cir.1983). The corporate trust fund and the denuding the corporation doctrines impose personal liability on those who use their power of control for their personal benefit rather than that of the corporation. Id. at 1272. 12 . S.I. Acquisition, 817 F.2d at 1150. 13 . Id. at 1153 (emphasis added). 14 . Id. at 1152; see also In re MortgageAmerica Corp., 714 F.2d at 1270-72 (<HOLDING>). 15 . S.I. Acquisition, 817 F.2d at 1152. 16 . Options: A. holding that individuals assumption of the role of president of the corporation and her authority to sign documents on behalf of the corporation demonstrate that she had the requisite control over the corporation for purposes of finding individual liability under section 5a B. holding that the trust fund and denuding theories of recovery were considered to belong to the debtor corporation because each action was created for the benefit of the corporation ie to vindicate injury to the corporation caused by improper actions by control persons C. holding texas law permits a corporate debtor to bring a trust fund denuding action D. holding that corporation and sole owner of corporation were separate legal entities and corporation was not party to contract signed by owner in individual capacity E. holding that claims of corporation vest in corporation

assistant: The best answer is B. holding that the trust fund and denuding theories of recovery were considered to belong to the debtor corporation because each action was created for the benefit of the corporation ie to vindicate injury to the corporation caused by improper actions by control persons
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 RSU Agreement, including Schedule 1 hereto, and the Plan contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings and negotiations between the parties except to the extent that the vesting and/or forfeiture of this Award of Restricted Stock Units is specifically addressed by any employment agreement between the Company or an Affiliate, on the one hand, and Grantee, on the other hand (an “Applicable Employment Agreement”), in which instance the relevant terms of such Applicable Employment Agreement shall be incorporated herein and deemed to be a part of this RSU Agreement, and, in the event of any conflict between the terms of this RSU Agreement regarding the vesting of the Restricted Stock Units, and the terms of an Applicable Employment Agreement (if any), the terms and provisions of the Applicable Employment Agreement shall govern. In addition, any references in any such Applicable Employment Agreement to the Prior Plans shall also be deemed to refer to the Plan as appropriate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a hearing, the trial court denied the media defendants’ motion to dismiss without stating a basis and was not asked to make findings of fact or conclusions of law. The media defendants timely filed this accelerated appeal. See Combined Law Enforcement Ass’ns of Tex. v. Sheffield, No. 03-13-00105-CV, 2014 WL 411672, at *4 (Tex.App.-Austin Jan. 31, 2014, no pet. h.) (mem. op.) (determining that the Texas Civil Practice and Remedies Code, as amended in 2013, confers jurisdiction over appeals filed pursuant to section 27.008 that are perfected before and active on the effective date of the amendment); Better Bus. Bureau of Metro. Houston, Inc. v. John Moore Servs., Inc., No. 01-12-00990-CV, — S.W.3d —, —, 2013 WL 3716693, at *2 (Tex.App.-Houston [1st Dist.] July 16, 2013, pet. denied) (<HOLDING>). ANALYSIS A. Procedure for Dismissal Under the Options: A. holding court had jurisdiction over interlocutory appeal in which trial court had denied an untimely motion to dismiss expert report B. holding an interlocutory appeal is allowed from the trial courts written order denying a motion to dismiss under the tcpa C. holding an order denying a motion for summary judgment is interlocutory and not appealable D. holding an appeal may be taken from an order denying a motion to compel arbitration E. holding that a motion to certify a district court order for interlocutory appeal is dispositive

assistant: The best answer is B. holding an interlocutory appeal is allowed from the trial courts written order denying a motion to dismiss under the tcpa
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: that a party on appeal should shy away from citing physical precedent as persuasive authority. Indeed, some of the judges o at stipulations, whether made by the defendant himself or by his counsel, are binding. The authorities are generally agreed upon the proposition that it is immaterial whether the stipulation is made by counsel employed by the accused or by counsel appointed by the court for the accused.”); Dryer v. State, 205 Ga. App. 671, 672 (1) (423 SE2d 297) (1992) (“Generally, a statement by defense counsel made in the presence of the defendant relating to the defendant’s conduct is considered a statement by the defendant himself if the defendant does not repudiate counsel’s authority to make the statement.”). Compare Farmer v. State, 100 Ga. 41, 45-46 (28 SE 26) (1896) Options: A. holding that admissions by debtor established that landlords case was substantially justified B. holding the contract was not authorized by law C. holding that parties are bound by admissions in pleadings D. recognizing that pleadings in the underlying case are subject to judicial notice by an appellate court E. holding that admissions purportedly made by an accused by way of his agents or attorneys in pleadings from a civil case are not admissible in a criminal case unless shown to have been authorized by him

assistant: The best answer is E. holding that admissions purportedly made by an accused by way of his agents or attorneys in pleadings from a civil case are not admissible in a criminal case unless shown to have been authorized by him
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 and from Atasca and Bowman by requesting information from that time period in its interrogatory. Further, the dates of insolvency were established by El Paso’s partial motion for summary judgment. Legally, El Paso’s complaint about the time period would shift the burden to Bowman to prove an element of El Paso's claim. Rather, it is El Paso's burden to prove that Atasca did not receive reasonably equivalent value. See In re Pace, 456 B.R. at 270; see also Mladenka, 130 S.W.3d at 405. Perhaps El Paso will disprove Bowman's self-serving testimony with additional financial records, or a fact finder may disbelieve him and find actual fraud. See Phillips v. B.R. Brick and Masonry, Inc., No. 01-09-00311-CV, 2010 WL 3564820, at *5-6 (Tex.App.-Houston [1st Dist.] Sept. 10, 2010) (mem. op.) (<HOLDING>). But with the summary judgment evidence Options: A. holding that although there was evidence the defendant transferred or caused to be transferred more money to the debtor than the debtor transferred to the defendant there was legally sufficient evidence to support the jurys finding of actual fraud under section 24005a1 and b because the badges of fraud showed the debtors intent to hinder delay or defraud creditors B. holding that debtors depositing of funds into spouses separate account did not establish actual intent to hinder delay or defraud creditors for purposes of denial of discharge under chapter 7 C. holding that actual intent to defraud is not necessary to finding of constructive fraud D. holding that the statute requires actual intent to hinder delay or defraud creditors or the trustee constructive intent to defraud does not suffice E. holding that debtor cannot take advantage of 522f after debtor has transferred his exempt property

assistant: The best answer is A. holding that although there was evidence the defendant transferred or caused to be transferred more money to the debtor than the debtor transferred to the defendant there was legally sufficient evidence to support the jurys finding of actual fraud under section 24005a1 and b because the badges of fraud showed the debtors intent to hinder delay or defraud creditors
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of the termination of Employee's employment with the Company (or any Affiliate thereof) prior to the end of the Performance Cycle due to the Employee's death, Disability or termination by the Company without cause, the Award will vest, in accordance with the following calculation. The number of Performance Units under the Award to be vested is determined by the number of active months of employment by the Employee during the Performance Cycle divided by 36 (which is the number of months in the “Performance Cycle” as set forth in Schedule A).

assistant: Disability
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 failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver of any provision of this Agreement shall be effective, unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver.

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 case excerpt and choose the best holding from the options. Case excerpt: particular address at which service was attempted; therefore, there was no evidence indicating that the mother’s house was the defendant’s “dwelling house or usual place of abode.” Charles Alan Wright and Arthur R. Miller’s treatise on Federal Practice and Procedure discusses “dwelling house or usual place of abode” as follows: “The language ‘dwelling house or usual place of abode’ in Rule 4(e)(2) is taken directly from the former Equity Rule 13. Despite the length of time these words have been a part of federal practice, the judicial decisions do not rticular case. Courts evaluate those facts mindful that the purpose of Rule 4 is to ensure that service is reasonably calculated to provide a defendant with actual notice of the action. Karlsson v. Rabinowitz, 318 F.2d 666 (4th Cir.1963) (<HOLDING>); Mullane v. Central Hanover Bank & Trust Co., Options: A. holding that the appellant had not changed his residence from his registered address despite the fact that the house had never had electricity service during the time that he had lived there B. holding that one of several houses throughout the world among which the defendant divided his time constituted a dwelling house or usual place of abode for purpose of service of process regardless of the facts that it was not the defendants principal domicile and that he spent comparatively little time there C. holding that one of the twelve or so homes throughout the world among which the individual defendant divided his time constitutes a dwelling house or usual place of abode for purposes of service of process even though that home is not the defendants principal domicile and even though he may spend comparatively little time there D. holding that service of a statecourt summons and complaint after removal to federal court is valid service E. holding that service was proper where a copy of the summons and complaint was left with the defendants wife at the defendants maryland house in which the defendant had lived before moving ahead of his family to arizona where he had purchased a house intending never to return to maryland and to move his family to arizona noting that the service was sufficient to satisfy the requirements of service at the defendants dwelling house or usual place of abode where the service succeeded in actually apprising him of the lawsuit

assistant: The best answer is E. holding that service was proper where a copy of the summons and complaint was left with the defendants wife at the defendants maryland house in which the defendant had lived before moving ahead of his family to arizona where he had purchased a house intending never to return to maryland and to move his family to arizona noting that the service was sufficient to satisfy the requirements of service at the defendants dwelling house or usual place of abode where the service succeeded in actually apprising him of the lawsuit
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: 107 F.3d 126, 131 (2d Cir.1997) (quoting United States v. Martinez, 987 F.2d 920, 923 (2d Cir.1993) (citations and internal quotation marks omitted)). The doctrine does not apply in this situation. Plaintiffs claim concerning her allegedly defective letter became moot once she received a new and admittedly satisfactory letter. A claim is moot when “(1) it can be said with assurance that there is no reasonable expectation ... that the alleged violation will recur, and (2) interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.” County of Los Angeles v. Davis, 440 U.S. 625, 631, 99 S.Ct. 1379, 59 L.Ed.2d 642 (1979) (citations and internal quotation marks omitted). See e.g. Boucher v. Syracuse Univ., 164 F.3d 113, 117-18 (2d Cir.1999) (<HOLDING>). Paciello received benefits following an Options: A. recognizing the right of students to challenge on first amendment grounds actions of school officials which circumscribe the range of ideas to which students are exposed B. holding that university students redacted disciplinary records were not education records C. holding that female students claim was moot because the university they were suing had already established a womens lacrosse team which was the relief the students originally sought D. holding moot the plaintiffs challenge to a universitys requirement that foreign students carry health insurance where named plaintiffs were no longer students at the university E. holding that the defendant school officials did not create the students danger or increase their risk of harm where female students were physically verbally and sexually molested by male students in a unisex bathroom and in a darkroom

assistant: The best answer is C. holding that female students claim was moot because the university they were suing had already established a womens lacrosse team which was the relief the students originally sought
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 establish presentment. For example, in Burrus v. State, 266 S.W.3d 107, 115-16 (Tex.App.-Fort Worth 2008, no pet.), the court addressed whether presentment was established by a statement in a motion for new trial titled “Certificate of Presentment” along with a notation in the docket sheet stating that the motion for new trial was filed. The court determined the certificate of pres entment and the docket sheet notation were insufficient to establish that the trial court received actual notice of the motion for new trial and held the trial court did not err by failing to hold a hearing on appellant’s motion for new trial. Id.; see also Kaluza v. State, No. 01-07-60737-CR, 2008 WL 2465891, *3 (Tex.App.-Houston [1st Dist.] 2008, no pet.) (mem. op., not designated for publication) (<HOLDING>); Larue v. State, No. 09-05-145-CR, 2007 WL Options: A. holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed B. holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment C. holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment D. holding a certification of service and presentment was insufficient to establish the trial court received actual notice of the defendants motion for new trial E. holding a certificate of presentation appearing on the last page of appellants motion for new trial did not establish presentment

assistant: The best answer is E. holding a certificate of presentation appearing on the last page of appellants motion for new trial did not establish presentment
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: All notices, demands or documents which are required or permitted to be given or served hereunder shall be in writing and shall be deemed sufficiently given when delivered or mailed in the manner set forth in the Loan Agreements, addressed to Borrower and Lender as provided in the Loan Agreement, and addressed to Guarantor at the address set forth opposite Guarantor’s name below, or at any other address specified in a notice given by such party to the other parties not less than ten (10) days prior to the effective date of the address change. This section shall not be construed in any way to affect or impair any waiver of notice or demand provided in this Guaranty or in any Loan Document or to require giving of notice or demand to or upon any Person in any situation or for any reason.

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: The Borrower shall pay interest on the unpaid principal amount of this Note from the date of this Note until this Note shall be paid in full at a rate per annum, compounded annually, equal at all times to the AFR. Interest shall accrue and be paid as provided in Section 2.2 above.

assistant: Interests
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 withholding under Section 1445 of the Code will be required with respect to any payment made to any Seller pursuant to this Agreement or as a result of the sale of the Purchased Interests pursuant to this Agreement.

assistant: 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 case excerpt and choose the best holding from the options. Case excerpt: 28, 1990). Given these facts, the trial court erred in concluding the doctrine of election of remedies barred Christensen’s declaratory judgment action on the fee-sharing contract. II. Minnesota’s public policy favors freedom in the negotiation of contracts. Rossman v. 740 River Drive, 308 Minn. 134, 136, 241 N.W.2d 91, 92 (1976); see Tibbetts v. Crossroads, Inc., 411 N.W.2d 535, 538 (Minn.App.1987) (recognizing freedom of contract as important societal tenet). Public policy requires that freedom of contract remain inviolate except when a particular contract violates a principle of even greater importance to the general public. Rossman, 308 Minn. at 136, 241 N.W.2d at 92; see Independent Sch. Dist. No. 877 v. Loberg Plumbing & Heating Co., 266 Minn. 426, 434, 123 N.W.2d 793, 799 (1963) (<HOLDING>); see, e.g., Malmin v. Minnesota Mut. Fire & Options: A. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract B. holding courts must enforce declared purpose of contract if within scope of lawful contractual objectives but recognizing contract violating law or public policy is void C. recognizing an agreement whose sole purpose is to prevent competition per se is void as a matter of public policy D. holding that when a contract is unambiguous the court will enforce the plain meaning of the contract as the intention of the parties E. recognizing court must enforce unambiguous contract according to its terms

assistant: The best answer is B. holding courts must enforce declared purpose of contract if within scope of lawful contractual objectives but recognizing contract violating law or public policy is void
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 PATENT SECURITY AGREEMENT AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES OF THE STATE OF NEW YORK.

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: The Board may, at any time and with or without prior notice, amend, alter, suspend or terminate the LTIP in accordance with Section 17 of the Plan. For the avoidance of doubt, prior to the time the Committee grants any LTIP Awards with respect to a particular Performance Cycle, the Committee shall have complete discretion to award or not award LTIP Awards with respect to such Performance Cycle. All provisions of the LTIP are subject to the terms and conditions set forth in the Plan, which are hereby incorporated herein by reference. To the extent the terms of the LTIP are inconsistent with or modify, amend of supplement any provisions of the Plan, to the extent permitted under the Plan, the LTIP will be deemed to be a determination by the Committee to so modify, amend or supplement the Plan and the terms of the LTIP will have precedence over the Plan.

assistant: Miscellaneous
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: court. Furthermore, it is difficult to believe that even without a proper objection, the district court failed to recognize the patent unfairness in allowing Khan to provide testimony that bolstered Hayat’s inculpatory out-of-court statements (such as Khan’s testimony that he had no reason to disbelieve Hayat and, despite calling Hayat a liar, he never believed Hayat actually lied to him), while preventing the defense from eliciting testimony that would have undercut the strength of these out-of-court statements, undermined Khan’s credibility, and supported the defense theory that Hayat was a storyteller and a braggart, who — despite making outlandish claims to Khan — had no involvement with extremist Islam or terrorism. See United States v. Benveniste, 564 F.2d 335, 342 (9th Cir.1977) (<HOLDING>). As the Second Circuit has noted, “[w]hen a Options: A. holding exculpatory statements by a third party should have been admitted in the punishment phase notwithstanding the hearsay rule B. holding that police officers testimony indicating he developed the defendant as a suspect after speaking with a nontestifying witness implied that the witness made accusatory statements against defendant and therefore was inadmissible hearsay C. holding that the rejection of the exculpatory hearsay testimony of a government witness was in error particularly in view that accusatory hearsay was admitted D. holding that a hearsay error was harmless where the essential elements of the testimony were elsewhere properly admitted in evidence E. holding that a violation of the hearsay rule was harmless

assistant: The best answer is C. holding that the rejection of the exculpatory hearsay testimony of a government witness was in error particularly in view that accusatory hearsay was admitted
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 Title VI are coextensive with those available under the ADA and the RA, Barnes v. Gorman, 536 U.S. 181, 185, 122 S.Ct. 2097, 2100, 153 L.Ed.2d 230 (2002). Other courts of appeals to have considered the issue agree that deliberate indifference may, in certain circumstances, establish intentional discrimination for the purposes of a Title VI claim. See, e.g., Zeno v. Pine Plains Cent. Sch. Dist., 702 F.3d 655, 664-65 (2d Cir.2012) (explaining that deliberate indifference to teacher or peer harassment of individual may create liability if a plaintiff establishes “(1) substantial control, (2) severe and discriminatory harassment, (3) actual knowledge, and (4) deliberate indifference”); Bryant v. Indep. Sch. Dist. No. 1-38 of Garvin Cnty., Ok., 334 F.3d 928, 934 (10th Cir.2003) (<HOLDING>); Monteiro v. Tempe Union High Sch. Dist., 158 Options: A. holding that deliberate indifference to known instances of studentonstudent racial harassment is a viable theory in a title vi intentional discrimination suit B. holding that racial discrimination is a personal injury tort C. holding that such a theory is viable under title vii D. holding that because the proper defendant in a title vi case is an entity rather than an individual plaintiff could not be sued in his individual capacity under title vi E. holding plaintiffs bringing claims under the ada may establish intentional discrimination with a showing of deliberate indifference

assistant: The best answer is A. holding that deliberate indifference to known instances of studentonstudent racial harassment is a viable theory in a title vi intentional discrimination suit
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 ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY AND ‘PERFORMANCE, THIS WARRANT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO CONTRACTS MADE AND PERFORMED IN THAT STATE (WITHOUT REGARD TO CHOICE OF LAW OR CONFLICTS OF LAW PROVISIONS) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA.

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 case excerpt and choose the best holding from the options. Case excerpt: be maintained in the district before it may permit the plaintiff to proceed with his or her action in forma pauperis. See id. In deciding whether a complaint states a colorable claim a court must extend a certain measure of deference towards pro se litigants, Nance v. Kelly, 912 F.2d 605, 606 (2d Cir.1990) (per curiam), and extreme caution should be exercised in ordering sua sponte dismissal of a pro se complaint before the adverse party has been served and the parties have had an opportunity to respond, Anderson v. Coughlin, 700 F.2d 37, 41 (2d Cir.1983). There is, nonetheless, an obligation on the part of the court to determine that a claim is not frivolous before permitting a plaintiff to proceed. See Fitzgerald v. First E. Seventh St. Tenants Corp., 221 F.3d 362, 363 (2d Cir.2000) (<HOLDING>); Wachtler v. Cnty. of Herkimer, 35 F.3d 77, 82 Options: A. holding that district court may dismiss frivolous complaint sua sponte notwithstanding fact the plaintiff has paid statutory filing fee B. holding that a district court has the discretion to raise a 2254 timeliness consideration sua sponte C. holding that a court may sua sponte take judicial notice of its docket D. holding that a court may sua sponte dismiss pursuant to rule 41b for failure to comply with a court order E. recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff

assistant: The best answer is A. holding that district court may dismiss frivolous complaint sua sponte notwithstanding fact the plaintiff has paid statutory filing fee
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: because neither tripadvisor nor its affiliates are parties to rental transactions between travelers and advertisers , any dispute or conflict involving an actual or potential transaction between you and an advertiser , including the quality , condition , safety or legality of a listed property , the accuracy of the listing content , the advertiser 's ability to rent a vacation rental property , or your ability to pay for a vacation rental property , is solely the responsibility of each user .

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: This Lease, the parties’ obligations hereunder, and any disputes hereunder shall be governed by and interpreted and construed in accordance with federal law (to the extent applicable) and the laws of the Tribe, provided that nothing herein shall be deemed to modify the provisions of sections 11 and 15 of this Lease, and, to the extent required to supplement applicable federal law and tribal law, the substantive laws of the State of Connecticut (excepting its choice of law rules).

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 case excerpt and choose the best holding from the options. Case excerpt: If the trial court concludes that the agreement is procedurally unconscionable, the trial court must also determine whether the agreement is substantively unconscionable on the basis that it limits discovery and noneconomic damages. See, e.g., Prieto v. Healthcare & Ret. Corp. of Am., 919 So.2d 531, 533 (Fla. 3d DCA 2005) (“The agreement herein deprives the nursing home resident of significant remedies provided for by the statutes. Specifically, it limits non-economic [sic] damages, bars punitive damages and attorney’s fees, and restricts access to discovery necessary to prove statutory violations. For these reasons, we conclude that the agreement is substantively unconscionable.” (footnote omitted)); Romano ex rel. Romano v. Manor Care, Inc., 861 So.2d 59, 62-63 (Fla. 4th DCA 2003) (<HOLDING>); see also Woebse, 977 So.2d at 634-35 Options: A. holding that appellate attorneys fees were incurred during the divorce proceedings and were awardable by the trial judge B. holding agreement was substantively unconscionable because it prevented arbiter from awarding punitive damages and attorneys fees awards that were intended by the legislature to be awardable C. holding that even though attorneys fees were not properly awardable under rule 68 costs excluding fees were mandatory D. holding that the state is immune from punitive awards E. holding that the arbitration provision was substantively unconscionable because it precluded the award of attorney fees which were authorized in the relevant ohio consumer protection statute

assistant: The best answer is B. holding agreement was substantively unconscionable because it prevented arbiter from awarding punitive damages and attorneys fees awards that were intended by the legislature to be awardable
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 Purchaser, severally and not jointly with the other Purchasers, covenants that neither it, nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales, of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly disclosed or required to be disclosed, whichever occurs first, in the Form 8-K described in Section 4.4. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed or required to be publicly disclosed, whichever occurs first, by the Company in such Form 8-K, such Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Transaction Documents and the Disclosure Schedules. Notwithstanding the foregoing, and notwithstanding anything contained in this Agreement to the contrary, the Company expressly acknowledges and agrees that (i) no Purchaser makes any representation, warranty or covenant hereby that it will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this Agreement are required to be disclosed in the Form 8-K described in Section 4.4, (ii) no Purchaser shall be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable Securities Laws from and after the time that the transactions contemplated by this Agreement are first disclosed or required to be disclosed, whichever occurs first, in the Form 8-K described in Section 4.4, and (iii) no Purchaser shall have any duty of confidentiality to the Company or its Subsidiaries after the filing of such Form 8-K or after the date such Form 8-K is required to have been filed, whichever occurs first. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by 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: Any and all notices statements, demands or other communications hereunder may be given by a party to the other by mail, email, facsimile, messenger or otherwise to the address specified below, or so sent to such party at any other place specified in a notice of change of address hereafter received by the other. All notices, demands and requests hereunder may be made orally, to be confirmed promptly in writing, or by other communication as specified in the preceding sentence.

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 is a personal contract and the rights and interests of the Executive hereunder may not be transferred, assigned, pledged, encumbered, or hypothecated by the Executive without the prior written consent of the Company, except as otherwise expressly permitted by the provisions of this Agreement. This Agreement will inure to the benefit of and be enforceable by the Executive and his personal or legal representatives, executors, administrators, heirs, distributees, devisees and legatees. If the Executive should die while any amount would still be payable to him hereunder had the Executive continued to live, all such amounts, unless otherwise provided herein, will be paid to the Executive’s estate. This Agreement and the rights and interests of the Company hereunder may not be transferred or assigned by the Company without the prior written consent of the Executive, except that any successor to the Company by merger or purchase of all or substantially all of the Company’s assets shall assume 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 case excerpt and choose the best holding from the options. Case excerpt: (b), the plan complies with the provisions of each of the six paragraphs of subsection (a). Consequently, the “court is required to confirm if [the] six requirements are met.” H. Rept. No. 95-595 to accompany H.R. 8200, 95th Cong., 1st Sess. (1977) p. 430. See also, S. Rept. No. 95-989 to accompany S. 2266, 95th Cong., 2d Sess. (1978) p. 142. Unlike § 1129, which allows confirmation “only if’ all of its requirements are met, § 1325(a) does not impose mandatory requirements. In re Szostek, 886 F.2d 1405, 1412 (3d Cir. 1989). The Court has discretion, therefore, to confirm a plan which satisfies §§ 1322 and 1325(b) but does not satisfy § 1325(a). Id. Britt, 199 B.R. at 1006-07. Shaw also relies on, but does not discuss, the following cases: In re Escobedo, 28 F.3d 34 (7th Cir.1994) (<HOLDING>); In re Burgess, 143 Fed.Appx. 692 (7th Cir. Options: A. holding that a plan under chapter 13 although confirmed was invalid because it failed to comply with the mandatory provisions of 11 usc 1322a2 requiring full payment of all claims entitled to priority B. holding that dismissal of a chapter 13 case vacates a confirmed plan C. holding that a confirmed chapter 13 plan is binding on all parties under 11 usc 1327a however the plan may be modified pursuant to 11 usc 1329 D. holding that a plan must be amended to provide for payment of a priority tax claim proof of which was timely filed postconfirmation to conform with 11 usc 1322a2 E. holding that priority claims can be paid concurrently with other creditors over the life of a chapter 13 plan

assistant: The best answer is A. holding that a plan under chapter 13 although confirmed was invalid because it failed to comply with the mandatory provisions of 11 usc 1322a2 requiring full payment of all claims entitled to priority
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: please do not download , copy , or save ua content , except ( i ) as expressly permitted by the functionality of certain services ( e.g. , printed maps ) as provided for in the specific guidelines and/or additional terms applicable to those services , or ( ii ) solely for personal use or your records .

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: You agree not to disclose to or discuss with any person (including any partner or employee of New LP), other than New LP’s Chief Executive Officer, Chief Financial Officer or General Counsel, members of New LP’s financial, human resources, legal, tax and accounting staff who participate in the preparation or ongoing administration of this Partner Agreement, and other persons designated by New LP’s Chief Executive Officer or Chief Financial Officer, any information relating to the contents or subject matter of this Partner Agreement or of any Governing Agreement that may be furnished to you in connection herewith, except (i) to the extent reasonably necessary or appropriate to perform your duties and responsibilities hereunder, including, without limitation, furthering the interests of New LP and/or developing new business for New LP ( provided , that information relating to the economic terms and conditions of this Partner Agreement will not be so used by you without the prior consent of New LP’s Chief Executive Officer or Chief Financial Officer), (ii) to the extent reasonably necessary to enforce your rights hereunder, (iii) to the extent already disclosed by New LP or its affiliates in any publicly available filings with the Securities and Exchange Commission, (iv) with the prior written consent of New LP’s Chief Executive Officer or Chief Financial Officer, (v) as required by law, regulation or legal process or by any regulatory or self-regulatory organization having jurisdiction, and (vi) that the contents of this Partner Agreement may be disclosed to your counsel, spouse and/or tax, accounting and financial advisors; provided , that you undertake that such counsel, spouse and tax, accounting and financial advisors will comply with the restrictions set forth in this Section 8. Without limiting the generality of the foregoing, only the terms of the restrictions referred to in Section I of the Non-Competition Agreement may be disclosed to any prospective future employers upon request in connection with your application for employment. The foregoing exceptions to the confidentiality provisions of this Section 8 also shall apply to the confidentiality provisions of Section II.A of the Non-Competition 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: This Agreement, for all purposes, shall be construed in accordance with the laws of Arizona without regard to conflicts of law principles. Any action or proceeding by either of the parties to enforce this Agreement shall be brought only in a state or federal court located in the state of Arizona, county of Maricopa. The parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

assistant: Venues
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: venture” (FAC ¶ 39) are similarly insufficient. See Cannon v. Douglas Elliman, L.L.C., No. 06-CV-7092, 2007 WL 4358456, at *4 n. 3 (S.D.N.Y. Dec. 10, 2007) (“[Pjleading a joint venture does not trigger joint employer status because it is possible for joint ventures to separately employ different people .... ”); Hibbs-Rines v. Seagate Techs., L.L.C., No. 08-CV-5430, 2009 WL 513496, at *5 (N.D.Cal. Mar. 2, 2009) (“Plaintiff joint employer allegations are insufficient because they are legal conclusions, not factual allegations, .... While plaintiff is not required to conclusively establish that defendants were her joint employers at the pleading stage, plaintiff must at least allege some facts in support of this legal conclusion.”) cf. Patel v. Wargo, 803 F.2d 632, 635-36 (11th Cir.1986) (<HOLDING>). Plaintiffs arguments that these Defendants Options: A. holding under flsa 29 usc 216c B. holding that the authorization under 29 usc 1132a3 extends to a suit against a nonfiduciary party in interest to a transaction barred by 29 usc 1106a C. holding under 29 usc 216c D. holding that the finding that entities constitute a single enterprise under 29 usc 203r is separate and distinct from whether an entity is an employer under 29 usc 203d E. holding that the defendant is in the best position to prove and should bear the burden of establishing its entitlement to an exemption under 29 usc 1108 from 29 usc 1106b erisas prohibited transactions provision

assistant: The best answer is D. holding that the finding that entities constitute a single enterprise under 29 usc 203r is separate and distinct from whether an entity is an employer under 29 usc 203d
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 366 U.S. 417 81 S.Ct. 1355 6 L.Ed.2d 380 Augustine BALDONADO, petitioner,v.STATE OF CALIFORNIA. Luis Estrada MOYA, petitioner, v. STATE OF CALIFORNIA. Elizabeth Ann DUNCAN, petitioner, v. STATE OF CALIFORNIA. Nos. 185-187. Supreme Court of the United States May 22, 1961 Mr. A. L. Wirin, Los Angeles, Cal., for petitioners in all three cases. Mr. Burt M. Henson, Ventura, Cal., for petitioner in No. 186. Mr. Arthur Warner, Los Angeles, Cal., for petitioner in No. 187. Mr. William E. James, Los Angeles, Cal., for respondent in all three cases. On Writs of Certiorari to the Supreme Court of California. PER CURIAM. 1 After hearing oral argument and on due examination of the record, we conclude that the totality of circumstances disclosed fails to support the substantial due process issues tendered in the petitions for certiorari, and so we dismiss the writs.

assistant: 9
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 of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Transition Agreement, or the waiver by any party of any breach of this Transition Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

assistant: Waivers