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: Nothing herein shall impair or affect any indemnification rights provided in the Company ’s certificate of incorporation or bylaws. After the date hereof, the Employee shall remain eligible for coverage as an officer of the Company under all director and officer insurance policies maintained by the Company as of the date hereof, for acts or omission occurring on or prior to the date hereof, subject, however, to the terms, conditions, exclusions and limitations of such policies.

assistant: Indemnifications
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: criteria set forth in the statute are satisfied.). It, therefore, is especially unlikely the statute as representing an attempt by “Illinois ... to make, by means of a conclusive presumption, a goose into a duck, despite the fact that it does not walk, sound or look much like a duck”); In re Kleist, 114 B.R. 366, 369-70 (Bankr.N.D.N.Y.1990) (referring to the “rather broad language” of § 5205 and characterizing the statute as an example of “ ‘bootstrapping,’ that is, statutorily plac ing certain property under the control of the debtor within the protection ordinarily provided only to trusts possessing traditional spendthrift qualities”); see also In re Heilman, 241 B.R. 137, 162 (Bankr.D.Md.1999) (quoted supra p. 430, n. 6); cf. In re Marchiando, 13 F.3d 1111, 1116-17 (7th Cir.1994) (<HOLDING>). But see In re Block, 121 B.R. 810, 813 Options: A. holding general fiduciary duties of confidence trust loyalty and good faith insufficient to establish the necessary fiduciary relationship for purposes of 523a4 B. holding that an attorney is a fiduciary under section 523a4 C. holding that for purposes of 523a4 no fiduciary relationship existed between a lotteryticket vendor and the state notwithstanding a state statute declaring that proceeds from the sale of such tickets were held in trust D. holding a duty of care without more insufficient to satisfy the fiduciary relationship element of 523a4 the federal courts adopting this narrow interpretation of fiduciary for purposes of the bankruptcy code gen erally hold that an express or technical trust is necessary to trigger the defalcation provision of 523a4 E. holding that a statutorilyimposed fiduciary obligation created an express trust fiduciary relationship for purposes of 523a4

assistant: The best answer is C. holding that for purposes of 523a4 no fiduciary relationship existed between a lotteryticket vendor and the state notwithstanding a state statute declaring that proceeds from the sale of such tickets were held in trust
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 interpretation, performance and enforcement of this Grant Agreement shall be governed by the laws of the State of Delaware without regard to principles of conflicts of laws. The Holder may only exercise his or her rights in respect of the Plan or the Program to the extent that it would be lawful to do so.

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: "laches embraces not only the element of time, but the added ingredient of prejudicial harm.” 34 Tex. JuR.3d Equity § 46 at 363-64 (1984). This much is evident from the majority’s statement in the same paragraph, that "the State was prejudiced by applicant's fourteen year delay....” Majority opinion at 488, n. 3. 2 . The Legislature has increasingly exercised regulation of procedural rules governing the filing of a writs of habeas corpus: [T]he Legislature since about 1967 has "reworked and expanded procedural Tequi-sites” ... So, it has not been uncommon for the Legislature to "enact laws to render the remedy speedy and effectual.” Ex parte Davis, 947 S.W.2d 216, 225 (Tex.Crim.App.1996)(McCormick, P.J., concurring); see also Ex parte Smith, 977 S.W.2d 610, 611 n. 4 (Tex.Crim.App.l998)(<HOLDING>). 3 .Article 11.071 was the provision at issue Options: A. holding that a conclusory opinion may be rejected B. holding even though experts are permitted to give an opinion they may not offer an opinion regarding the credibility of others C. recognizing that an advisory opinion is one that offers an opinion on a moot issue D. recognizing ajlthough presiding judge mccormicks opinion in davis is labeled a concurring opinion it was joined by a majority of the court and may be regarded as an opinion for the court E. holding a medical opinion to be not significantly probative where the opinion was contrary to other substantial record evidence

assistant: The best answer is D. recognizing ajlthough presiding judge mccormicks opinion in davis is labeled a concurring opinion it was joined by a majority of the court and may be regarded as an opinion for the court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that your employment with the Company or its subsidiaries or affiliates is terminated due to death after December 31, 2016, but prior to the end of the Performance Period, shares of Stock shall be issued on a prorated basis based on actual performance as determined at the first Committee meeting following the Performance Period. The number of shares of Stock to be issued under the prorated Award shall be determined by calculating (a)(i) the number of Units set forth herein multiplied by (ii) the quotient of the number of full and partial months that you worked during the Performance Period (rounded up to the nearest whole month) divided by 36, and then multiplying the product of (a)(i) and (a)(ii) by (b) the percentile performance amount as calculated in accordance with the terms of the Program. In the event of your death prior to January 1, 2017, the Award shall be forfeited in its entirety.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 26 L.Ed.2d 586 (1970) (<HOLDING>). He adds that “property exceeding $20” is an Options: A. holding any fact other than a prior conviction that increases the maximum penalty beyond the prescribed statutory maximum must be submitted to the jury and proved beyond a reasonable doubt B. holding that failure to explain the effect of a term of supervised release was harmless error where term of imprisonment combined with maximum imprisonment for violation of supervised release was still less than statutory maximum C. holding in a case where the maximum time of imprisonment was extended because an indigent defendant was unable to pay a fine and court costs that a state may not constitutionally imprison beyond the maximum duration fixed by statute a defendant who is financially unable to pay a fine D. holding that any fact other than a prior conviction may not be used to enhance a defendants sentence beyond the statutory maximum unless it is submitted to a jury and proved beyond a reasonable doubt E. holding that state may not subject indigent defendants to period of imprisonment beyond statutory maximum

assistant: The best answer is E. holding that state may not subject indigent defendants to period of imprisonment beyond statutory maximum
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company’s execution, delivery and performance of this Agreement and each of the Transaction Documents to which it is a party does not violate (i) any provision of the Company’s Certificate of Incorporation or Bylaws, each as amended to date (copies of which have been filed with the Commission), (ii) any provision of any material contract or agreement (copies of which have been filed with the Commission) or order, writ, judgment, injunction, decree, determination or award to which the Company is a party or by which it is bound or (iii) to the Company’s Knowledge, any law, rule or regulation currently in effect having applicability to the Company.

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: we must then decide if that improper factor was significant enough to remand the cause for resentencing. Matters considered by the legislature in determining the authorized range of sentences which are inherent in the offense are not proper aggravating factors to be considered in a sentencing hearing. (People v. Conover (1981), 84 Ill. 2d 400, 419 N.E.2d 906.) In Conover, the Illinois Supreme Court held that it was improper for a trial court to consider receipt of proceeds from a burglary or theft as an aggravating factor in determining the length of a sentence. Proceeds were an inherent part of the crime of burglary or theft and had already been considered by the legislature when it determined the range of penalties. (See also People v. Martin (1988), 119 Ill. 2d 453, 519 N.E.2d 884 (<HOLDING>); People v. Saldivar (1986), 113 Ill. 2d 256, Options: A. holding that the death of a victim may not be considered an aggravating factor in a homicide sentencing B. recognizing that the governments failure to prevail is a factor that may be considered C. recognizing attorneys substantial experience in the practice of law as an aggravating factor D. holding that a sentencing judge sitting without a jury may not find an aggravating circumstance necessary for imposition of the death penalty E. recognizing that the fear experienced by the victim before death is a significant factor in determining the existence of this aggravating circumstance

assistant: The best answer is A. holding that the death of a victim may not be considered an aggravating factor in a homicide sentencing
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 Executive’s death during the term hereof, the Executive’s employment hereunder shall immediately terminate. In that event, the Company shall pay to the Executive’s designated beneficiary or, if no beneficiary has been designated by the Executive, to his estate, any earned and unpaid Base Salary through the date of termination plus an amount equal to 50% of his annual Target Bonus. The Company shall have no further obligation or liability to Executive or his estate.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: serious violations are violations of important provisions which include article iii of this agreement or repeated violations of other provisions of this agreement , including further non-compliance where you already have received a prior warning .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you send any unsolicited feedback to skype through the skype website or otherwise , you acknowledge and agree that skype shall not be under any obligation of confidentiality with respect to the unsolicited feedback .

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 Borrower has timely filed all material Tax returns and reports required by Applicable Law to have been filed by it and has paid all material Taxes, assessments and governmental charges thereby shown to be owing by it, other than any such Taxes, assessments or charges that are being contested in good faith by appropriate proceedings and for which appropriate reserves in accordance with GAAP have been established.

assistant: Taxes
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 and each other Restricted Subsidiary owns or has the right to use all Intellectual Property used in, held for use in and otherwise necessary for the present conduct of their respective businesses. To the knowledge of any Responsible Officer of each Credit Party, the operation of their respective businesses by the Company and each other Restricted Subsidiary does not infringe upon, misappropriate, violate or otherwise conflict with the Intellectual Property of any third party, except as such would not reasonably expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All Credit Card Receivables and all records, papers and documents relating thereto (i) are genuine and correct and in all material respects what they purport to be, (ii) represent the legal, valid and binding obligation of the account debtor, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability, evidencing indebtedness unpaid and owed by such account debtor, arising out of the performance of labor or services or the sale, lease, license, assignment or other disposition and delivery of the goods or other property listed therein or out of an advance or a loan, (iii) are in all material respects in compliance and conform with all applicable material Federal, state and local laws and applicable Laws of any relevant foreign jurisdiction.

assistant: Warranties
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 set forth on Schedule 8.5 , there is no action, suit or proceeding at law or in equity by or before any court or any federal, state, municipal or other governmental department, commission, board, bureau, instrumentality or other agency, domestic or foreign, pending or, to the knowledge of the Credit Parties, threatened against or affecting the Credit Parties that brings into question the legality, validity or enforceability of this Agreement or the transactions contemplated hereby or that, if adversely determined, is not adequately covered by insurance or would have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a breach by the Corporation of any of its obligations under this Agreement, each Holder, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement; provided, however that the Corporation shall in no event be liable for any punitive or special damages in the event of any breach by the Corporation or any of its obligations under this Agreement. The Corporation agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a statute, regulation, or procedure, it must establish prejudice by showing that it would have had a substantial chance of receiving the award.” Myers Investigative & Sec. Servs., Inc. v. United States, 275 F.3d 1366, 1370 (Fed.Cir.2002) (quoting Statistica, Inc. v. Christopher, 102 F.3d 1577, 1582 (Fed.Cir. 1996)). Panels of the United States Court of Appeals for the Federal Circuit, however, have taken different approaches regarding the evidence required to satisfy the “substantial chance” doctrine. Compare Information Tech. & Applications Corp., 316 F.3d at 1319 (a protestor must establish that its chance of winning the award was “greater than ... insubstantial ... if successful on the merits of the bid protest.”); Data General Corp. v. Johnson, 78 F.3d 1556, 1562-63 (Fed.Cir. 1996) (<HOLDING>) with United States v. Int’l Bus. Machines Options: A. holding that a protester must show only that there was a substantial chance it would have received the contract award but for that error B. holding that a contractor failed to show a substantial chance it would have received the contract award but for agency error C. holding the appropriate standard is that to establish prejudice a protestor must show that had it not been for the alleged error in the procurement process there was a reasonable likelihood that the protestor would have been awarded the contract this is a refinement and clarification of the substantial chance language D. holding that a protester is not required to show that but for the alleged error the protester would have been awarded the contract instead a protester must show there was a substantial chance it would have received the contract but for the alleged error E. holding that a contractor lacked standing because it failed to show a substantial chance it would have received the contract award but for agency error

assistant: The best answer is C. holding the appropriate standard is that to establish prejudice a protestor must show that had it not been for the alleged error in the procurement process there was a reasonable likelihood that the protestor would have been awarded the contract this is a refinement and clarification of the substantial chance language
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: he took was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the clear absence of all jurisdiction.” Id. (quoting Stump v. Sparkman, 435 U.S. 349, 356-57, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978)). The allegations in Brown’s complaint relate to action taken by Judge Lupas in his capacity as a judge, and Brown has not alleged that Judge Lupas clearly lacked jurisdiction. Thus, Brown’s allegations are insufficient to overcome Judge Lupas’ judicial immunity. Lastly, it would have been against public policy for the District Court to grant Brown’s request to terminate the criminal proceedings against him while they were ongoing. See Younger v. Harris, 401 U.S. 37, 43-44, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971) (<HOLDING>). Moreover, now that his criminal case has Options: A. recognizing that the longstanding public policy against federal court interference with state court proceedings generally requires federal courts to abstain from involvement in state criminal proceedings B. holding that the federal claims which arose from state court criminal contempt proceedings were inextricably intertwined with the state court action and thus the federal district court lacked subject matter jurisdiction over the claims pursuant to the rookerfeldman doctrine C. holding that declaratory relief is improper when a prosecution involving the challenged state statute is pending in state court at the time the federal suit is initiated and the same principles that govern the propriety of federal injunctions of state criminal proceedings govern the issuance of federal declaratory judgments in connection with such proceedings D. holding that federal district courts should abstain from interfering with pending state court proceedings E. holding that where state criminal proceedings are begun against the federal plaintiffs after the federal complaint is filed but before any proceedings of substance on the merits have taken place in the federal court the principles of younger v harris should apply in full force

assistant: The best answer is A. recognizing that the longstanding public policy against federal court interference with state court proceedings generally requires federal courts to abstain from involvement in state criminal proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Company is not in default in any material respect under any contract, nor has any event or omission occurred that, through the passage of time or the giving of notice, or both, would constitute a default in any material respect thereunder or cause the acceleration of any of Company’s obligations thereunder or result in the creation of any Lien on any Company assets. No counterparty is in default in any material respect under any such contract to which Company is a party, nor has any event or omission occurred that, through the passage of time or the giving of notice, or both, would constitute a default in any material respect thereunder, or give rise to an automatic termination, or the right of discretionary termination thereof.

assistant: No Defaults
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 shall be interpreted and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles that would require application of the laws of a jurisdiction other than 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are responsible for providing all connections , plans , and/or equipment needed to use the services and for paying the fees charged by the provider ( s ) of your connections , plans , and equipment .

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: additional journal entries offered in this case did not provide much additional information to assist in this inquiry. The state court’s journal entry for the plea hearing simply states that Thornton pleaded guilty to Count II of the information: burglary, in violation of Kan. Stat. Ann. § 21-3715 (1992); the entry for the sentencing hearing adds nothing substantive to the journal entry for the plea hearing. To the extent these are “comparable judicial records,” they are unable to provide the necessary information to determine whether Thornton pleaded guilty to generic burglary. See Shepard, 544 U.S. at 26, 125 S.Ct. 1254 (including “comparable judi cial records” as documents to be utilized in determining whether a conviction qualifies under the ACCA); see also Forrest, 611 F.3d at 913 (<HOLDING>). We conclude that Shepard requires more than Options: A. holding that a court can look only to the statutory elements charging documents and jury instructions to determine whether an earlier conviction after trial qualified as a violent felony under the acca B. holding that courts should look to the statutory definition of the crime charged rather than the actual facts of the individuals prior conviction to determine whether the crime qualifies as a violent felony under the acca C. holding there was sufficient evidence for a jury to conclude that the defendant did not intend to perform when the promise was made D. holding that the district court did not err in finding the record sufficient to conclude prior conviction qualified as a violent felony for purposes of the acca as the evidence was sufficient to conclude the criminal action charged in one court was the basis for a judgment against the defendant in a different court E. holding that district court did not abuse discretion in denying motion for new trial because nonmovant presented sufficient evidence at trial for the district court to conclude that the outcome was not against the great weight of the evidence so as to constitute a miscarriage of justice

assistant: The best answer is D. holding that the district court did not err in finding the record sufficient to conclude prior conviction qualified as a violent felony for purposes of the acca as the evidence was sufficient to conclude the criminal action charged in one court was the basis for a judgment against the defendant in a different court
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: crowdtangle may change these terms of service , as described above , notwithstanding any provision to the contrary in any agreement between you and crowdtangle .

assistant: Unilateral change
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: accordingly. 7 . We emphasize, the fact that a vehicle does not display a Nader Label is not determinative of the issue of reasonable suspicion because these labels are not required on all vehicles. While the alteration or removal of a Nader Label may be an indication that the vehicle is stolen, the absence of a Nader Label is one factor among others to consider. 8 .We recognize that the trooper in this case opened the door to the van and examined the doorjamb without Rodriguez's permission and that the two troopers also opened and looked under the hood of the van. Because we resolve this case on other grounds, we do not reach the question of whether these intrusions violated the Fourth Amendment. See, e.g., New York v. Class, 475 U.S. 106, 106 S.Ct. 960, 89 L.Ed.2d 81 (1986) (<HOLDING>); see generally 1 Wayne R. LaFave, Search and Options: A. holding that a search of a students purse that was not based on probable cause did not violate the fourth amendment B. holding that an arrest made by an officer outside his jurisdiction does not violate the fourth amendment C. holding that a search incident to a lawful arrest does not violate the fourth amendment D. holding that an officer did not violate the fourth amendment by moving papers on the dashboard covering the vin E. holding that warrantless arrest based on probable cause did not violate the fourth amendment

assistant: The best answer is D. holding that an officer did not violate the fourth amendment by moving papers on the dashboard covering the vin
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 shall become effective when it shall have been executed by the Borrower and the Administrative Agent and when the Administrative Agent shall have received counterparts hereof which, when taken together, bear the signatures of each of the other parties hereto.

assistant: Binding Effects
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 execution, delivery and performance by the Company of each of this Agreement and the Rights Agreements (a) has been duly authorized by all necessary corporate, partnership, limited liability company or other organizational action, and (b) do not and will not (i) contravene the terms of any of the Company’s or any of its Subsidiaries’ organization documents or (ii) conflict with or result in any breach or contravention of any contractual obligation to which the Company or any of its Subsidiaries is a party or any order, injunction, writ or decree of any governmental authority or any arbitral award to which the Company or any of its Subsidiaries or their property is subject or (iii) violate any law.

assistant: Authorizations
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: section 3006 of this title.” 38 U.S.C. § 3007(a) (1988) (recodified in 1991 as 38 U.S.C. § 5107(a) by Pub.L. No. 102-40, § 402(b)(1), (d)(1), 105 Stat. 238, 239). Former section 3006 provided that “[t]he head of any Federal department or agency shall provide such information to [VA] as [VA] may request for purposes of determining eligibility for or amount of benefits or verifying other information with respect thereto.” 38 U.S.C. § 3006 (1988) (recodi-fied in 1991 as 38 U.S.C. § 5106 by Pub.L. No. 102-40, § 402(b)(1), 105 Stat. 238). Thus, in the present case, at the time of its 1990 decision, the Board’s duty to obtain the appellant’s SSA records, which were certainly highly pertinent to the his pension claim, was explicitly outlined by statute. See generally Hayre, 188 F.3d at 1331 (<HOLDING>); Masors, 2 Vet.App. at 187-88. The fact that Options: A. recognizing that the rehabilitation act as amended in 1978 provides individuals a private cause of action to obtain relief for handicap discrimination on the part of the federal government and its agencies B. holding that the mother can be deemed to have waived the physicianpatient privilege only with respect to the medical history and records pertaining to the period when the plaintiff was in utero during which time there could be no severance of the infants prenatal history from his mothers medical history C. recognizing that reasonable efforts by the va to obtain records regarding medical history from other federal departments or agencies are an important part of the vas affirmative duties under former section 3007a and 38 usc 5107a D. holding that where there are deficiencies in the record the alj is under an affirmative obligation to develop the relevant medical history even when the claimant is represented by counsel E. holding that where there are deficiencies in the record the alj is under an affirmative obligation to develop the relevant medical history

assistant: The best answer is C. recognizing that reasonable efforts by the va to obtain records regarding medical history from other federal departments or agencies are an important part of the vas affirmative duties under former section 3007a and 38 usc 5107a
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: estate or the allocation of its assets among creditors.” Home Ins., 889 F.2d at 749. Even if Mills were successful and attached funds due Patra from the Debtor, that would have no effect on other creditors of the estate — it would neither reduce nor enlarge their entitlements, nor would it even change the amount payable on account of Patra’s claim. Further, the district judge is fully capable of interpreting JMP’s plan of reorganization if required to do so to resolve Mills’ lawsuit. Once this Court confirmed JMP’s plan of reorganization, a contract was created among JMP and its creditors. See In re Potts, 188 B.R. 575, 582 (Bankr.N.D.Ind.1995). A bankruptcy court is not unique in its abilities to interpret such a contract. See Paul v. Monts, 906 F.2d 1468, 1475 (10th Cir.1990) (<HOLDING>). See also In re Page, 118 B.R. 456, 460 Options: A. holding that the remedies are exclusive B. holding that a government corporation with respect to actually implementing its contractual remedies after the debtor has filed for relief under chapter 11 of the bankruptcy code is in the same position as any other party in interest C. holding that the good faith analysis for evaluating a chapter 11 petition and that in evaluating a chapter 11 plan are distinct D. holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive E. holding based on 1127b that only the proponent of a chapter 11 reorganization plan can seek to have it modified

assistant: The best answer is D. holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive
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 final decision regarding his delisting request issued in 2013. Because Zevallos had not previously seen this evidence, he insists he could not adequately contest his ongoing designation. Zevallos forfeited this argument by not raising it in the district court. Potter, 558 F.3d at 549-50. He also points to the questionnaire Treasury asked him to answer in 2009 once the agency realized he still wanted a decision on his delisting request, and complains that Treasury’s 2013 decision did not address any of the topics about which the 2009 questionnaire inquired. This argument is doubly forfeited: Zevallos did not make it to the district court; and on appeal he made it for the first time in his reply brief. See Russell v. Harman Int’l Indus., Inc., 773 F.3d 253, 255 n. 1 (D.C.Cir.2014) (<HOLDING>). Finally, Zevallos insists that Treasury’s Options: A. holding that arguments raised for the first time in a reply brief are forfeited B. holding that an argument raised for the first time in a reply brief is waived C. holding that issues raised for the first time in a reply brief are not reviewable D. holding that we do not consider arguments raised for the first time in a reply brief E. holding that issue raised for the first time in reply brief was waived

assistant: The best answer is A. holding that arguments raised for the first time in a reply brief are forfeited
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby employs Executive, and Executive agrees to serve, as Chief Executive Officer and President of the Company, upon the terms and subject to the conditions set forth herein. Executive will report directly to the Board of Directors of the Company. Subject to the direction and control of the Board of Directors, Executive will have all the responsibilities and powers normally associated with such positions and Executive will perform such other duties and responsibilities as may be designated from time to time by the Board.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: than from the subcontractor with whom the ma-terialman dealt directly.... While the provisions of the notice requirement should be construed liberally, it is crucial that the notice state a claim directly against the general contractor, that the claim be stated with some specificity of amount due, and that the claim specify the subcontractor allegedly in arrears.”) (citations omitted); United States for Use and Benefit of Charles R. Joyce & Son, Inc. v. F.A. Baehner, Inc., 326 F.2d 556, 558 (2nd Cir.1964) (“[T]he writing must inform the prime contractor, expressly or by implication, that the supplier is looking to the contractor for payment of the subcontractor’s bill.”) (quotation and citations omitted); cf. McWaters & Bartlett v. United States, 272 F.2d 291, 295 (10th Cir.1959) (<HOLDING>). In this case, the state court complaint Options: A. holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee B. holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors C. holding that it was not essential to an action by a supplier on a payment bond under the miller act that a demand be made on the general contractor for payment although there was evidence in the case from which it could be found that the materialman looked to the general contractor for payment since the statute does not require a demand for payment but merely requires written notice of the claim D. holding that a paywhenpaid clause does not preclude a subcontractors recovery under the miller act payment bond because the federal legislation conditions payment of the subcontractor not on payment by the government to the contractor but rather on the passage of time from completion of the work or provision of materials E. holding that a clause making payment by the owner an express condition precedent to payment by the general contractor to the subcontractor was enforceable

assistant: The best answer is C. holding that it was not essential to an action by a supplier on a payment bond under the miller act that a demand be made on the general contractor for payment although there was evidence in the case from which it could be found that the materialman looked to the general contractor for payment since the statute does not require a demand for payment but merely requires written notice of the claim
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: Employee acknowledges that any failure to comply with the provisions of this Section 6 shall cause irreparable harm to the Company and that money damages alone would be insufficient to compensate the Company. Employee therefore agrees that any court having jurisdiction may enter a preliminary or permanent restraining order or injunction against Employee in the event of actual or threatened breach of any of the provisions of this Section 5, without any necessity for the Company to post any bond or other security in connection therewith. Any such relief shall not preclude the Company from seeking any other relief at law or equity with respect to any such claim.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: N.J.S.A. 34:13A-5.3, would have a significant impact on the Attorney General’s authority. It is not irrational, therefore, for the Legislature to have concluded that a duty to bargain collectively with representatives of the Division’s investigators regarding the terms and conditions of employment would impair the Attorney General’s ability to assure that the Division fulfills its role in the State’s criminal justice system. In particular, the Legislature rationally could have concluded that restrictions on the Attorney General’s authority to assign and to discipline Division investigators would impair her/his ability to police and maintain the effectiveness and integrir ty of the Division’s personnel. Cf. State v. State Troopers Fraternal Ass’n., 134 N.J. 393, 417, 634 A.2d 478 (1993) (<HOLDING>). Moreover, in light of the Division’s Options: A. holding that the state police is a state agency B. holding that the disciplinary rules of the code of professional responsibility are not laws of the state of texas for purposes of statute which excludes the admission of evidence obtained in violation of law C. holding that in reciprocal discipline cases disciplinary procedures in the other state must meet minnesotas due process requirements D. holding that the extradition procedures are a matter of state law E. holding that the negotiability of disciplinary review procedures mandated in njsa 3413a53 does not apply to the division of state police because negotiability of such procedures would infringe unacceptably on one of the most important managerial prerogatives of the superintendent of state police

assistant: The best answer is E. holding that the negotiability of disciplinary review procedures mandated in njsa 3413a53 does not apply to the division of state police because negotiability of such procedures would infringe unacceptably on one of the most important managerial prerogatives of the superintendent of state police
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: thousands, perhaps hundreds of thousands, of asylum applications from the victims of this war, on both sides, or, as in the case of Hernandez, on neither, waiting for the danger to pass, to a time when it could comfortably turn these applications down, regardless of what it means to those who have built a life here.” Like the agency, we are unpersuaded. The doctrine of equitable estoppel is not available against the government “except in the most serious of circumstances.” See Drozd v. INS, 155 F.3d 81, 90 (2d Cir. 1998). “Specifically, estoppel will only be applied upon a showing of ‘affirmative misconduct’ by the government.’ ” Rojas-Reyes v. INS, 235 F.3d 115, 126 (2d Cir. 2000) (quoting Drozd, 155 F.3d at 90); see INS v. Miranda, 459 U.S. 14, 19, 103 S.Ct. 281, 74 L.Ed.2d 12 (1982) (<HOLDING>); see also Mejia-Perez v. Gonzales, 490 F.3d Options: A. holding that a refusal to make false statements that no misconduct occurred is a very different circumstance than an affirmative statement of misconduct B. holding that a failure to advise even when the defendant has an affirmative obligation to do so is not the same as engaging in affirmative misconduct C. holding that the defendants evidence did not qualify as newly discovered evidence D. holding that delays by the government in processing an immigration application did not qualify as affirmative misconduct E. holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government

assistant: The best answer is D. holding that delays by the government in processing an immigration application did not qualify as affirmative misconduct
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: premises,] had the authority to consent to a search of the bag.” Id. at 133, 654 S.E.2d at 915. The Supreme Court contrasted this situation with the facts in Krise v. State, 746 N.E.2d 957 (Ind.2001), which involved a man and a woman who shared an apartment. Glenn, 275 Va. at 136 n. 3, 654 S.E.2d at 916 n. 3. The police obtained consent from the man to search the apartment in the woman’s absence. Id. The Supreme Court of Virginia accepted the conclusion that the officer who searched a purse found in the house “knew that the handbag was a woman’s purse and that Krise was the only woman living in the house.” Id. (quoting Krise, 746 N.E.2d at 971). On those facts, the Supreme Court opined that the Indiana court “correctly held police could not have reasonably believed the 2 (9th Cir.2005) (<HOLDING>). Accordingly, we hold that it was unreasonable Options: A. holding that officers had a reasonable belief that defendants father had authority to consent to the search of his sons room and computer because he owned the home and had access to the room and computer at will B. holding that a driver of a tractor trailer had apparent authority to consent to a search of a trailer even though he stated its not up to me i dont own the stuff before signing a consent form when the surrounding cireumstances suggested that he had such authority C. holding that while a mother could consent to a search of her sons room she did not have authority to consent to a search of a locked footlocker within the room D. holding that it was unreasonable to believe that womans boyfriend had authority to consent to the search of her purse even though he had authority to consent to the search of the car in which it was kept E. holding that a resident had apparent authority to consent to the search of a gun case in plain view on a living room shelf even though he disclaimed knowledge regarding its contents because he did not disclaim ownership of or access to the case

assistant: The best answer is E. holding that a resident had apparent authority to consent to the search of a gun case in plain view on a living room shelf even though he disclaimed knowledge regarding its contents because he did not disclaim ownership of or access to the case