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: rather than deinstitutionalizing the disabled. Here, however, Larkin seeks only to house four disabled individuals in a home which happens to be less than 1500 feet from anoth er AFC facility. The proposed AFC facility, and many more like it that are prohibited by the spacing requirement, do not threaten Michigan’s professed goal of deinstitutionali-zation. Because it sweeps in the vast majority of AFC facilities which do not seek to recreate an institutional setting, the spacing requirement is too broad, and is not tailored to the specific needs of the handicapped. In summary, MDSS’s justifications do not pass muster under the standard announced in Marbrunak. Therefore, the 1500-foot spacing requirement violates the FHAA and is preempted by it. Accord Horizon House, 804 F.Supp. at 700 (<HOLDING>). MDSS also has failed to provide an adequate Options: A. holding that the statute as applied violates the commerce clause B. holding that a 1000foot spacing requirement violates the fhaa C. holding that upon resentencing providing only a written opinion violates the open court requirement of 3553c D. holding that 16913a violates the commerce clause E. holding a judgment in the absence of notice violates due process rights

assistant: The best answer is B. holding that a 1000foot spacing requirement violates the fhaa
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: 24, 2009 until March 1, 2013 when there were no steps taken in either the prosecution or defense of this matter.” We disagree. In resolving the issue presented on appeal, the difference between an executory and an ordinary proceeding cannot be ignored. As the Lender’s counsel pointed out at oral argument before this court, once the trial court renders an order of seizure and sale, all of the activities in the executory proceeding occur not in the trial court — as in an ordinary proceeding — but in the sheriffs office. Moreover, this court has recognized that a creditor’s actions that are necessary to proceed with an executory proceeding can constitute a “step” under La. C.C.P. art. 561. Freedlander, Inc., The Mortgage People v. Certain, 628 So.2d 677, 678-79 (La.App. 4th Cir.1993) (<HOLDING>) Although there is no exception in La. C.C.P. Options: A. holding that since a request for issuance of a writ of seizure is required in executory proceedings lacode civ proc ann art 2638 west 1961 we will consider freedlanders request a step in prosecution B. holding that an officers request for a citizens identification by itself did not amount to a seizure C. recognizing two aspects to assertion of fifth amendment rights 1 a reasonable police officer in the circumstances would understand request was made for an attorney and 2 the request was for assistance with a custodial interrogation not for subsequent hearings or proceedings D. holding that the filed rate doctrine barred request for damages but did not preclude request for injunction and civil penalties E. holding that judicial review of the boards denial of a request for remission of a fine or forfeiture is limited to those situations where the board has failed to consider a request that it exercise its discretion or where there is justification for the courts exercising its equitable jurisdiction

assistant: The best answer is A. holding that since a request for issuance of a writ of seizure is required in executory proceedings lacode civ proc ann art 2638 west 1961 we will consider freedlanders request a step in prosecution
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 controversy, dispute, or claim between the parties to this Agreement, including any claim arising out of, in connection with, or in relation to the formation, interpretation, performance or breach of this Agreement shall be referred to mediation, with a mediator, jointly selected by the parties, and with the cost of such mediation evenly split between the parties. Should the mediator thereafter declare that the mediation has failed despite the good faith efforts of the parties, all remaining controversies, disputes or claims shall be settled exclusively by arbitration, before a single arbitrator, in the State of Delaware, in accordance with the Commercial Rules of Judicial Arbitration and Mediation Services.

assistant: Arbitration
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: failed to receive notice, for it is undisputed that her former attorney received timely notice of her removal hearing, and service upon her attorney is considered to be legally sufficient. B. Because Bejar received constructive notice and no exceptional circumstance is present, we lack jurisdiction to review the legal basis for the IJ’s removal order itself. Section 1252 of the INA requires an alien to “exhaustf] all administrative remedies available to [her] as of right” prior to seeking judicial review of a final administrative removal order, 8 U.S.C. § 1252(d) (2000), and we have held that an alien’s failure timely to appeal to the BIA the IJ’s denial of his motion to reopen constitutes a failure to exhaust administrative remedies. See Bak v. INS, 682 F.2d 441, 442-43 (3d Cir.1982) (<HOLDING>); Marrero v. INS, 990 F.2d 772, 777-78 (3d Options: A. holding that plaintiff could not present his erisa estoppel claim to the district court because he did not properly exhaust it before the administrative review board B. holding that federal prisoners need not exhaust their administrative remedies before filing suit in federal court C. holding that the court lacked jurisdiction over the petition for review because the aliens did not appeal the ijs denial of their motion to reopen to the board resulting in failure to exhaust their administrative remedies D. holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review E. holding that failure to take available appeal to board of immigration appeals constitutes failure to exhaust administrative remedies and deprives the court of appeals of jurisdiction to review

assistant: The best answer is C. holding that the court lacked jurisdiction over the petition for review because the aliens did not appeal the ijs denial of their motion to reopen to the board resulting in failure to exhaust their administrative 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: of the complaint because it is unclear whether he was acting within the course and scope of his employment. There is a factual dispute whether the chase began on or off of reservation property, as well as a legal question concerning Epstein’s authority to engage in a chase in order to investigate an expired license tag. See e.g. City of Pinellas Park v. Brown, 604 So.2d 1222, 1226 (Fla.1992)(<HOLDING>). AFFIRMED IN PART; REVERSED IN PART AND Options: A. holding that tribal sovereign immunity did not bar rico suit only after concluding that sue and be sued clause in tribal ordinance unequivocally expressed waiver of sovereign immunity B. holding that sovereign immunity barred a wrongful death claim against the board and stating that the only question is whether the boards sovereign immunity protection was waived emphasis added C. holding that a state may waive its sovereign immunity D. holding that rfras waiver of sovereign immunity did not extend to monetary damages the acts reference to appropriate relief was susceptible to more than one interpretation and thus was not an unambiguous waiver of sovereign immunity E. holding that sovereign immunity shields only those acts which are discretionary in nature and not operational

assistant: The best answer is E. holding that sovereign immunity shields only those acts which are discretionary in nature and not operational
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the viber group disclaims all liability , whether based in contract , tort ( including negligence ) , strict liability , or otherwise , and does not accept any liability for any loss or damage ( direct , indirect , punitive , actual , consequential , incidental , special , exemplary , or otherwise ) resulting from any use of , or inability to use , the service or any other site , app or service , or the material , information , software , facilities , services , or other content on the service or any other site , app or service , regardless of the basis upon which liability is claimed and even if any member of the viber group has been advised of the possibility of such loss or damage .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Contractor acknowledges and embraces a zero-tolerance policy regarding any violation or potential violation of any federal, state, or local law or professional rule. Accordingly, Contractor has an affirmative duty to report any alleged, actual or potential misconduct that Contractor or its agents perceive, witness, uncover, or that otherwise comes to Contractor’s attention or knowledge immediately and in writing to the Chairman of the Board. Contractor agrees during the Term of this Agreement and thereafter to reasonably cooperate with the Company in any pending or future matters, including without limitation any litigation, investigation, or other dispute, in which Contractor, by virtue of his engagement with the Company, has relevant knowledge or information; provided, however that the Company agrees to pay reasonable hourly compensation and costs (in accordance with Paragraph 4 of this Agreement) resulting from the Company’s request.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: And Performance . This Agreement shall be governed, construed, interpreted and enforced in accordance with the substantive laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law provi s ion or rule (whether of the Commonwealth of Ma ssac husetts or any other juri sdic tion) that would cause the application of the law of any jurisdiction other than the Commonwealth of Massachusetts . Any legal action or proceeding with respect to thi s Agreement sha ll be brought in the courts of the Commonwealth of Massachusetts or of the United States of America for the District of Massachusetts . By execution and deli very of this Agreement, each of the partie s hereto accepts for itself and in respect of it s property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts. ANY ACTION, DEMAND, CLAIM, OR COUNTERCLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY A JUDGE ALONE AND EACH OF COMPANY AND EXECUTIVE WAIVES ANY RIGHT TO A JURY TRIAL THEREOF.

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: they should be considered was [sic] waived. OCGA Section 9-14-51. (Butts County Superior Court Order of September 10, 1987 at 9.) 9 . O.C.G.A. § 9-14-48(d) states in pertinent part: The court shall review the trial record and transcript of proceedings and consider whether the petitioner made timely motion or objection or otherwise complied with Georgia procedural rules at trial and on appeal; and absent a showing of cause for noncompliance with such requirement, and of actual prejudice, habeas corpus relief shall not be granted. 10 . The district court stated: The Respondent urges the court to honor the state procedural rule, despite the lack of a direct finding of a procedural bar. There is precedent for the Court to do so. See Lindsey v. Smith, 820 F.2d 1137 (11th Cir.1987) (<HOLDING>), cert. denied, 489 U.S. 1059 [109 S.Ct. 1327, Options: A. holding that where state procedural rule was mandatory and unwaivable and where government filed motion to dismiss habeas petition based solely on noncompliance with this procedural rule which state court granted without explanation decision appeared to rest primarily on state law B. holding that a second or subsequent state petition for postconviction relief filed according to the procedural rules of the state constitutes a properly filed application without regard to the merits of the petition C. holding that if the state court addresses both the procedural default and the merits of a federal claim in the alternative a federal court should apply the state procedural bar and decline to reach the merits of the claim D. holding that a state procedural default will not bar consideration of a federal claim on habeas review unless the last state court rendering a judgment clearly and expressly stated that its judgment rested on a state procedural bar E. holding that district court correctly applied state law procedural bar to petitioners jury challenge despite state courts failure to indicate that its denial of petition rested on procedural grounds where petitioner never raised facially sufficient jury challenge before any state court and state courts denial of petition could not be construed as a decision on the merits

assistant: The best answer is E. holding that district court correctly applied state law procedural bar to petitioners jury challenge despite state courts failure to indicate that its denial of petition rested on procedural grounds where petitioner never raised facially sufficient jury challenge before any state court and state courts denial of petition could not be construed as a decision on the merits
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: in excuse. See Robinsion at 242-43. 4 . A closely related affirmative defense is the defense of entrapment by estoppel, an affirmative defense also grounded in the Due Process Clause of the Fifth Amendment. Entrapment by estoppel provides an affirmative defense for action taken in reasonable reliance on assurances by government officials that the conduct is legal. See United States v. Howell, 37 F.3d 1197, 1204 (7th Cir.1994). We have questioned the meaningfulness of the difference between the two defenses. See United States v. Baker, 438 F.3d 749, 753 (7th Cir.2006). To the extent the distinction is meaningful, the main difference is that, in the case of the public authority defense, the defendant engages in conduct at the request of a government official t 257, 3 L.Ed.2d 1344 (1959) (<HOLDING>); Howell, 37 F.3d at 1204 (stating that the Options: A. recognizing commonlaw privilege against selfincrimination B. holding the protective order forbidding the deposition of the chairman of the judicial inquiry commission on the grounds of blanket privilege was improper C. holding that waiver of privilege against selfincrimination is proceeding specific D. holding that the drug tax violated the privilege against selfincrimination E. holding that it would offend due process to permit criminal prosecution of an individual for invoking a privilege against selfincrimination in hearings before a state legislative commission after having been assured of his right to do so by the chairman members and counsel of the commission

assistant: The best answer is E. holding that it would offend due process to permit criminal prosecution of an individual for invoking a privilege against selfincrimination in hearings before a state legislative commission after having been assured of his right to do so by the chairman members and counsel of the commission
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 material breach by you of the terms and conditions contained in this Agreement shall give IRET the right to discontinue the performance of any unperformed duties and obligations under this Agreement to the extent permitted by applicable law. If you breach any term of the Agreement, any delay by IRET to enforce the Agreement shall not be deemed a waiver, acceptance, or acquiescence. No waiver shall bind IRET unless supported by consideration, executed in writing, and delivered to you by an authorized officer of IRET.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed for the convenience of the parties in several counterparts, which are in all respects similar and each of which is to be deemed to be complete in and of itself, and any one of which may be introduced in evidence or used for any other purpose with the production of the other counterparts thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Release constitutes the entire agreement of the parties with respect to the subject matter of this Release, and supersedes all prior and contemporaneous negotiations, agreements and understandings between the parties, oral or written, including, without limitation, the Agreement, between the Company and Employee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller and Purchaser shall each, on a timely basis, execute, acknowledge and deliver all such further conveyances, certificates, notices, assumptions, releases and such other instruments, and shall, on a timely basis, take such further actions, as may be reasonably necessary or appropriate to assure fully to Purchaser and its respective successors or assigns, all of the assets, rights, titles, interests, estates, remedies, powers and privileges intended to be conveyed to Purchaser under this Agreement and to otherwise make effective the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AMENDMENT OR ANY OTHER LOAN DOCUMENT, SHALL BE BROUGHT AND MAINTAINED EXCLUSIVELY IN THE COURTS OF THE STATE OF ILLINOIS OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS; PROVIDED THAT NOTHING IN THIS AMENDMENT SHALL BE DEEMED OR OPERATE TO PRECLUDE THE BANK FROM BRINGING SUIT OR TAKING OTHER LEGAL ACTION IN ANY OTHER JURISDICTION. THE PARTIES HEREBY EXPRESSLY AND IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF ILLINOIS AND OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS FOR THE PURPOSE OF ANY SUCH LITIGATION AS SET FORTH ABOVE. EACH OF THE PARTIES FURTHER CONSENTS TO THE SERVICE OF PROCESS IN THE MANNER SET FORTH IN THE LOAN AGREEMENT. EACH OF THE PARTIES HEREBY EXPRESSLY AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT REFERRED TO ABOVE AND ANY CLAIM THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

assistant: Consent To Jurisdiction
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 Award Agreement shall be governed by and construed in accordance with the laws of the State of New York, except as superseded by applicable federal law, without giving effect to its conflicts of law provisions. All parties consent to exclusive personal jurisdiction in New York courts and agree that venue shall be New York State Supreme Court, Monroe County.

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: 418 Pa.Super. 131, 613 A.2d 1211, 1215 (Pa.Super.1992); see Ross v. Metropolitan Life Ins. Co., 411 F.Supp.2d 571, 583-4 (W.D.Pa.2006) (dismissing a breach of fiduciary duty claim as redundant of the plaintiffs breach of contract claim); accord Belmont Holdings Corp. v. Unicare Life & Health Ins. Co., No. Civ. A. 98-2365, 1999 WL 124389 at *4 (E.D.Pa. February 5, 1999). Moreover, applying Pennsylvania law, several courts have held that, where the plaintiff alleges that the defendant breached its duty of good faith and fair dealing by denying first party benefits under an insurance policy, said claim is subsumed by the plaintiffs breach of insurance contract claim premised on the same conduct. See, e.g., Meyer v. Cuna Mut. Group, 2007 WL 2907276 at *15 (W.D.Pa. September 28, 2007) (<HOLDING>); see also JHE, Inc. v. SEPTA No. 1790, 2002 WL Options: A. holding that erisa preempts claims for breach of contract breach of duty of good faith and fair dealing and negligent misrepresentations B. holding plaintiffs causes of action for breach of contract breach of the duty of good faith and fair dealing intentional infliction of emotional distress and violations of the arizona insurance code were preempted by erisa C. holding that the duty of good faith and fair dealing is a contractual duty D. holding that where the conduct forming the basis of the plaintiffs breach of duty of good faith and fair dealing claim is the same conduct forming the basis for the breach of contract claim the claims merge and there is no separate cause of action for breach of duty of good faith and fair dealing E. holding that breach of good faith and fair dealing claim requires showing of breach of contract

assistant: The best answer is D. holding that where the conduct forming the basis of the plaintiffs breach of duty of good faith and fair dealing claim is the same conduct forming the basis for the breach of contract claim the claims merge and there is no separate cause of action for breach of duty of good faith and fair dealing
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: however , please do not copy , imitate , modify , display or otherwise use the ua trademarks ( in whole or in part ) for purposes other than personal use or in connection with any web or mobile product or service that is not authorized by under armour , without our prior written approval .

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: Subject to the terms and conditions set forth herein, from time to time during the Availability Period for the Revolving Credit Facility, each Swingline Lender severally agrees to make Swingline Loans to the Borrower in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans made by such Swingline Lender exceeding such Swingline Lender’s Swingline Commitment, (ii) such Swingline Lender’s Revolving Credit Exposure exceeding its Revolving Commitment, or (iii) the Total Revolving Credit Exposure exceeding the total Revolving Commitments, or (iv) a violation of the Borrowing Base Covenants; provided that a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans.

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: 1907 ("[T]he forum clause should control absent a strong showing that it should be set aside .... [the resisting party should] clearly show that enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching.”). 77 . See, e.g., Cambridge Biotech Corp. v. Pasteur Sanofi Diagnostics, 433 Mass. 122, 130, 740 N.E.2d 195 (2000) (quoting The Bremen, 407 U.S. at 18, 92 S.Ct. 1907). 78 . Lambert, 983 F.2d at 1116. 79 . Rivera v. Centro Medico de Turabo, Inc., 575 F.3d 10, 17 (1st Cir.2009). 80 . Id. (quoting 14D Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3803.1 (3d ed. 1998)). 81 . 1st Am. Compl., Ex. B [# 15]. 82 . 1st Am. Compl., Ex. B [# 15]. 83 . See, e.g., Lambert, 983 F.2d at 1112-13 (<HOLDING>); Action Corp. v. Toshiba Am. Consumer Prods. Options: A. holding that remand to state court was appropriate where mandatory forumselection clause placed venue in a specified county of the state B. holding that a forumselection clause was mandatory where it stated that for any action brought to enforce such terms and conditions venue shall lie exclusively in clark county washington C. holding that a forumselection clause was mandatory because it provided for exclusive jurisdiction and venue in a particular court D. recognizing that shall will and must are all mandatory terms E. holding clause reading the parties agree that in any dispute jurisdiction and venue shall be in california to be mandatory

assistant: The best answer is B. holding that a forumselection clause was mandatory where it stated that for any action brought to enforce such terms and conditions venue shall lie exclusively in clark county washington
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: legal doctrine.” Id. We also recognized that “there could be circumstances where, through pure mistake, the Government attorneys had not invoked the correct exemption in the district court.” Id. In this latter situation, we stated that [i]f the value of the material which otherwise would be subject to disclosure were obviously high, e.g., confidential information compromising the nation’s foreign relations or national security, and it appeared highly likely was intended to be protected by one of the nine enumerated exemptions, then under 28 U.S.C. § 2106, the appellate court would have discretion to “remand the cause and ... require such further proceedings to be had as may be just under the circumstances.” Id.; accord Ryan v. Dep’t of Justice, 617 F.2d 781, 792 (D.C.Cir.1980) (<HOLDING>); Wash. Post v. Dep’t of Health & Human Servs., Options: A. recognizing exception B. recognizing lujanarmendariz as the exception to the general rule C. recognizing a discretionary function exception to that waiver D. recognizing general rule E. recognizing exception to general waiver rule where sensitive personal private information might be revealed

assistant: The best answer is E. recognizing exception to general waiver rule where sensitive personal private information might be revealed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this issue in the trial court where his appointed attorney argued against the termination of his parental rights. “When the record is silent, as here, [a] trial court may be presumed to have taken judicial notice of the records in the court’s file without any request being made and without an announcement in the record that it has done so.” In re J.E.H., 384 S.W.3d 864, 869-70 (Tex. App.—San Antonio 2012, no pet.). “Assertions of fact, not plead in the alternative, in the live pleadings of a party are regarded as formal judicial admissions.” Holy Cross Church of God in Christ v. Wolf, 44 S.W.3d 562, 568 (Tex. 2001) (internal quotation omitted). “A judicial admission that is clear and unequivocal has conclusive effect and bars the admitting party from later ort Worth 2004, pet. denied) (<HOLDING>). Because we assume the trial court took Options: A. holding defendants pro se motion to reduce sentence was not properly before the trial court when defendant was represented by counsel since defendant may not proceed both by counsel and pro se B. holding that trial court erred in considering pro se motion for new trial filed when defendant was represented by counsel C. holding statements in pro se letter filed with the trial court constituted admissions of paternity D. holding a court can restrict future pro se pleadings if it first provides a pro se litigant notice and an opportunity to respond E. holding that a defendant has a right to proceed pro se at trial

assistant: The best answer is C. holding statements in pro se letter filed with the trial court constituted admissions of paternity
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: distinction between the school children in Schempp and the plaintiffs in Valley Forge. “We simply cannot see,” said the Court, “that respondents have alleged an injury of any kind ... sufficient to confer standing. Respondents complain of a transfer of property located in Chester County, Pa. The named plaintiffs reside in Maryland and Virginia.... They learned of the transfer through a news release.” Valley Forge, 454 U.S. at 486-87, 102 S.Ct. at 765-67 (footnotes omitted). The circuits have thus recognized that “[t]he practices of our own community may create a larger psychological wound than someplace we are just passing through.” Washegesic v. Bloomingdale Public Schools, 33 F.3d 679, 683 (6th Cir.1994). Plaintiffs who “are part of the [community where challenged (6th Cir.1985) (<HOLDING>). Though individuals offended by a religious Options: A. recognizing legislature reallocated the regulatory authority from the cities over the property on which dfw airport is located to the airport board B. recognizing that presence of sectarian chapel in airport impaired use of airport by passengers C. holding that a dog sniff of the exterior of luggage in a public airport does not constitute a search under the fourth amendment D. holding that no private right of action exists under any of the provisions of the airport and airway improvement act E. holding that county airport board and twenty board members in their representative capacities had sovereign immunity in suit for negligence

assistant: The best answer is B. recognizing that presence of sectarian chapel in airport impaired use of airport by passengers
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 parties hereto agree that the Company would suffer irreparable harm from a breach by the Executive of any of the covenants or agreements contained herein. Therefore, in the event of the actual or threatened breach by the Executive of any of the provisions of this Agreement, the Company may, in addition and supplementary to other rights and remedies existing in its favor, apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violation of the provisions hereof. The Executive agrees that if a lawsuit or other proceeding is brought to enforce the terms of this Agreement or determine the validity of its terms and the Company prevails, the Company will be entitled to recover from the Executive its reasonable attorneys’ fees and court costs. The Executive agrees that these provisions are reasonable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No provision of this Agreement may be modified or waived unless such modification or waiver is agreed to in writing and signed by the Executive and by a duly authorized officer of the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. Failure by the Executive or the Company to insist upon strict compliance with any provision of this Agreement or to assert any right the Executive or the Company may have hereunder, including without limitation, the right of the Executive to terminate employment for Good Reason, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement. Except as otherwise specifically provided herein, the rights of, and benefits payable to, the Executive, his estate or his beneficiaries pursuant to this Agreement are in addition to any rights of, or benefits payable to, the Executive, his estate or his beneficiaries under any other employee benefit plan or compensation program of the Company.

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 legal provision and list the applicable contract clause categories. Provision: All expenses incurred in any registration of the Holder's Registerable Securities under this Agreement shall be paid by the Company, including, without limitation, printing expenses, fees and disbursements of counsel for the Company, expenses of any audits to which the Company shall agree or which shall be necessary to comply with governmental requirements in connection with any such registration, all registration and filing fees for the Holder's Registerable Securities under federal and State securities laws, and expenses of complying with the securities or blue sky laws of any jurisdictions pursuant to Section 3(h)(i); provided, however, the Company shall not be liable for (a) any discounts or commissions to any underwriter; (b) any stock transfer taxes incurred with respect to Registerable Securities sold in the Offering or (c) the fees and expenses of counsel for any Holder, provided that the Company will pay the costs and expenses of Company counsel when the Company's counsel is representing any or all selling security holders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ured professor at the same time. (7/1/14 Liu Tr. at 74:18-75:2). The employment agreement required Dr. Liu to agree to the University’s Patent, Invention, and Copyright Statement. (Employment Agreement at 49) (7/1/14 Liu Tr. at 94:24-95:9.) In pertinent part, this statement provides that the University “has a valid interest” in Dr. Liu’s discovery or invention of patentable items. (Employment Agreement at 49). Further, Dr. Liu’s employment agreement explicitly required him to disclose all discoveries and inventions to the University and assign all inventions to the University. (Id. at 48-49) (“I hereby [agree to disclose my inventions], and assign to the University all discoveries and inventions.... ”)). Dr. Liu testified that he believed !he di , 601 F.3d 1319, 1326 (Fed.Cir.2010) (<HOLDING>). ' Adaptix asserts Dr. . Liu was on a partial Options: A. holding that due to the csra a federal employee has no independent right of action for damages against a supervisor who improperly disciplined the employee for exercising his first amendment rights B. holding if an employee does not speak as a citizen on a matter of public concern the employee has no first amendment cause of action based on his or her employers reaction to the speech C. holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made D. holding that a sexual assault on a female employee was of a personal nature and not directed against the employee as part of the employment relationship E. holding that the contractual language employee assigns his inventions has the effect of expressly granting rights with no further action needed on the part of the employee

assistant: The best answer is E. holding that the contractual language employee assigns his inventions has the effect of expressly granting rights with no further action needed on the part of the employee
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: religious activities even though they have remained in China. See him, 224 F.3d at 935. Li’s mother even attended the same meetings with Li at the church member’s house. Because Li did not establish a well-founded fear of future persecution, he necessarily failed to meet the more stringent standard for withholding of removal. The IJ applied the incorrect standard in evaluating Li’s application for relief under the Convention. The IJ found that because Li did not meet the standard for asylum eligibility, he necessarily failed to establish the standard for protection under the Convention. This conclusion was in error because the criteria for relief under the Convention are distinct from those for asylum or withholding of removal. See Kamalthas v. INS, 251 F.3d 1279, 1283 (9th Cir.2001) (<HOLDING>). We nonetheless affirm the IJ’s decision Options: A. holding that the standard for withholding of removal is more demanding than the standard for asylum B. holding that when the asylum withholding of removal and cat claims are based on the same factual predicate a credibility ruling necessarily forecloses relief in each C. holding that claims for relief under the convention are analytically separate from claims for asylum and for withholding of removal D. recognizing that withholding of removal claims must fail if petitioner is unable to show the objective likelihood of persecution needed to make out an asylum claim and the claims are based on the same factual predicate E. holding that where a petitioner fails to establish a claim for asylum on the merits his claims for withholding of removal under the ina and cat also necessarily fail

assistant: The best answer is C. holding that claims for relief under the convention are analytically separate from claims for asylum and for withholding of removal
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 Amendment may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to each other party, it being understood that the parties need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than the Placement Agents with respect to the Company, no Person will have, as a result of the transactions contemplated by this Agreement, any valid right, interest or claim against or upon the Company or any Purchaser for any commission, fee or other compensation pursuant to any agreement, arrangement or understanding entered into by or on behalf of the Purchaser.

assistant: Brokers
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: 434 U.S. 158 98 S.Ct. 623 54 L.Ed.2d 375 RICHMOND UNIFIED SCHOOL DISTRICT et al., petitioners,v.Sonja Lynn BERG, Etc No. 75-1069 Supreme Court of the United States December 6, 1977 On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. Dec. 6, 1977. PER CURIAM. 1 The judgment of the Court of Appeals, 528 F.2d 1208, is vacated and the cause remanded for further consideration in light of General Electric Co. v. Gilbert, 429 U.S. 125, 97 S.Ct. 401, 50 L.Ed.2d 343 (1976), and Nashville Gas Co. v. Satty, 434 U.S. 136, 98 S.Ct. 347, 54 L.Ed.2d 356, and for consideration of possible mootness.

assistant: 2
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement (or any portion thereof) or the application of any such provision (or any portion thereof) to any Person or circumstance shall be held invalid, illegal or unenforceable in any respect by a Governmental Authority, such invalidity, illegality or unenforceability shall not affect any other provision hereof (or the remaining portion thereof) or the application of such provision to any other Persons or circumstances, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner that is materially adverse to any party. Upon such determination that any provision of this Agreement (or any portion thereof) or the application of any such provision (or any portion thereof) to any Person or circumstance is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties hereto as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the instant challenge to the indictment, as explained in the body of our opinion, quarrels with the indictment’s application to Torres and the state’s alleged lack of evidence (i.e., "defects in the institution of the prosecution”). Regardless of how applicant frames the issue, his challenge does not show that the indictment failed to charge an offense. As such, a pretrial Rule 12(b)(2) motion to dismiss the indictment was the correct way to address his concerns on this matter. Torres’s failure to so move and his subsequent plea forecloses our further examination of his indictment. 11 . We note that the Washington legislature superseded the Washington court’s constitutional assessment of merger for assault-based felony murder. See In re Hinton, 152 Wash.2d 853, 100 P.3d 801, 805 (2004) (<HOLDING>). The Revised Code of Washington now expressly Options: A. holding that 523a13 does not apply retroactively B. holding that the protect act amendments to the standard of review apply retroactively C. holding that apprendi does not apply retroactively D. recognizing the revision but holding that the amendment could not apply retroactively to the petitioners E. holding miranda decision does not apply retroactively

assistant: The best answer is D. recognizing the revision but holding that the amendment could not apply retroactively to the petitioners
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 “[d]is-missal of the underlying bankruptcy proceeding may indicate that no case or controversy remains with respect to issues directly involving the reorganization of the estate....” Dahlquist v. First Nat’l Bank (In re Dahlquist), 751 F.2d 295 (8th Cir.1985); see also Spacek v. Thomen (In re Universal Farming Indus.), 873 F.2d 1334, 1335 (9th Cir.1989) (“When the issue being litigated directly involves the debt- or’s reorganization, the case is mooted by the dismissal of the bankruptcy.”). We believe that the issue before-this court is directly related to OSI’s reorganization. The purpose of this appeal is to obtain a ruling that allows OSI to challenge the propriety of the bankruptcy court’s order lifting the automatic stay. In Chapter 11 bankruptci 100 (Bankr. 9th Cir.1988) (<HOLDING>). Let an appropriate order of dismissal be Options: A. holding that bankruptcy court has discretion to retain jurisdiction over related case after dismissal of the underlying bankruptcy case B. holding bankruptcy court order approving retention of a law firm retroactively was appealable order C. holding that creditor lacked appellate standing to appeal order of bankruptcy court absent permission of bankruptcy court D. holding that an appeal challenging a bankruptcy court order lifting the automatic stay became moot when the underlying bankruptcy case was dismissed E. holding that an appeal challenging a bankruptcy court order approving a foreclosure sale became moot upon dismissal of the underlying bankruptcy case

assistant: The best answer is E. holding that an appeal challenging a bankruptcy court order approving a foreclosure sale became moot upon dismissal of the underlying bankruptcy case