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: The Employer shall employ the Executive, and the Executive shall serve the Employer, as Chief Executive Officer of the Company and the Bank upon the terms and conditions set forth herein. The Executive shall have such authority and responsibilities consistent with her positions as are set forth in the Company’s and Bank’s Bylaws or assigned by the Company’s and Bank’s Board of Directors (the “Board”) from time to time. The Executive shall report to the Board and shall devote her full business time, attention, skill and efforts to the performance of her duties hereunder, except during periods of illness or periods of vacation and leaves of absence consistent with Employer policy. Further, the Executive’s service on the boards of directors (or similar body) of other business or charitable entities is subject to the prior approval of the Board. The Employer shall have the right to require the Executive to resign from any board or similar body on which the Executive may then serve if the Board determines that such activity (i) interferes with the effective discharge of the Executive’s duties and responsibilities to the Employer or that any business related to such service is then in competition with any business of the Company or the Bank, their successors or assigns or (ii) could adversely affect the reputation of the Company or the Bank.

assistant: Employment
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: For the avoidance of doubt, any breach of any of the provisions in this Section 4 shall constitute a material breach by Participant. Notwithstanding any other provision of this Program, by becoming entitled to receive any payments or other benefits under this Program, Participant is deemed to have agreed that damages would be an inadequate remedy for the Company in the event of a breach or threatened breach by Participant of any of Sections 4(a) through 4(d), inclusive. In the event of any such breach or threatened breach, and without relinquishing any other rights or remedies that the Company may have, including but not limited to the forfeiture or repayment by Participant of any payments or benefits otherwise payable or paid to Participant under this Program, the Company may, either with or without pursuing any potential damage remedies and without being required to post a bond, obtain from a court of competent jurisdiction, and enforce, an injunction prohibiting Participant from violating this Section 4 and requiring Participant to comply with its provisions. The Company may present this Section 4 to any third party with which Participant may have accepted employment, or otherwise entered into a business relationship, that the Company contends violates this Section 4, if the Company has reason to believe Participant has or may have breached a provision of this Section 4.

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: on September 18, 2009. We rejected Liu’s petition for review as untimely in a December 22, 2008 order. The BIA denied Liu’s motion to reconsider in its November 4th Order, finding that Liu offered no new or previously unavailable evidence, and that Liu had failed to demonstrate an error of fact or law in the BIA’s August 20th Order. Liu petitions us for review of that denial. II. ANALYSIS In his petition, Liu asks us to review the BIA’s denial of his motion to reopen as well as its denial of his motion to reconsider. The Government contends that Liu improperly seeks collateral review of the BIA’s August 20th Order. We agree that a party may not collaterally attack a BIA ruling in a petition for review of a motion to reconsider. See Guevara v. Gonzales, 450 F.3d 173, 176 (5th Cir.2006) (<HOLDING>). We also agree that Liu wrongly asks us to Options: A. recognizing collateral attack on void order B. holding that we lack jurisdiction based on a failure to exhaust where an alien in expedited removal proceedings failed to challenge the dhss determination that he committed an aggravated felony after receiving notice of the dhss intent to issue a final removal order on that basis C. holding the finality of a bia order is not affected by a subsequent motion to reconsider D. holding that the bia does not abuse its discretion by denying a motion to reconsider where the motion merely repeats arguments that the bia has previously rejected E. holding that dhss motion to reconsider was a collateral attack on a bia order

assistant: The best answer is E. holding that dhss motion to reconsider was a collateral attack on a bia order
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, THE COLLATERAL AGENT, THE ADMINISTRATIVE AGENT AND EACH LENDER HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS AGREEMENT, ANY OTHER LOAN DOCUMENT AND ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION HEREWITH OR THEREWITH OR ARISING FROM ANY BANKING RELATIONSHIP EXISTING IN CONNECTION WITH ANY OF THE FOREGOING, AND AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. THE BORROWER ACKNOWLEDGES AND AGREES THAT IT HAS RECEIVED FULL AND SUFFICIENT CONSIDERATION FOR THIS PROVISION (AND EACH OTHER PROVISION OF EACH OTHER LOAN DOCUMENT TO WHICH IT IS A PARTY) AND THAT THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE ADMINISTRATIVE AGENT, THE COLLATERAL AGENT AND THE LENDERS ENTERING INTO THIS AGREEMENT AND SUCH OTHER LOAN DOCUMENTS.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Lender hereby individually represents and warrants, as to itself, that it (i) is duly organized, validly existing and in good standing under the laws of its formation, and is duly qualified to transact business, in good standing and licensed in each state to the extent necessary to perform its duties and obligations under this Agreement in accordance with the terms of this Agreement; (ii) has the full power, authority and legal right to execute and deliver this Agreement and to perform in accordance herewith; (iii) has duly authorized the execution, delivery and performance of this Agreement and has duly executed and delivered this Agreement. This Agreement constitutes the valid, legal, binding obligation of the Lender, except as the enforceability hereof may be limited by Bankruptcy Laws and by general principles of equity.

assistant: Enforceability
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: 1032, 1036 (Utah 1987); State v. Kirkwood, 2002 UT App 128, ¶ 15, 47 P.3d 111. Here, similar to those cases, Jackson "misconstrues the nature of the constitutional right in question. The Constitution affords an accused a choice: he may refuse to become a witness, or he may elect to take the witness stand and testify in his own behalf.... [Jackson] having exercised his constitutional right to remain silent and not testify, cannot now be heard to complain that the court forced the choice upon him and thereby denied him due process." Kirkwood, 2002 UT App 128, ¶ 15, 47 P.3d 111 (quoting Gentry, 747 P.2d at 1036). Because Jackson's argument has been rejected, neither trial nor appellate counsel were ineffective in failing to raise the issue. Parsons v. Barnes, 871 P.2d 516, 525 (Utah 1994) (<HOLDING>). T7 Affirmed. 2 . Jackson also asserts briefly Options: A. holding that trial counsel will not be convicted of ineffective assistance of counsel for failure to engage in futile acts B. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate C. holding that failure to object to admissible evidence was not ineffective assistance of counsel D. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record E. holding that the failure to raise a futile issue does not constitute ineffective assistance of counsel

assistant: The best answer is E. holding that the failure to raise a futile issue does not constitute ineffective assistance of counsel
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: held that where the injured party, in the performance of his work, is struck by unsupported trusses, he can recover if the jury finds that the proximate cause of the injury was defendant’s failure to provide necessary supports in violation of the Act. (Urman, 101 Ill. App. 3d at 1096.) Plaintiff urges this court to follow Prange and Ur-man and to resolve the question as to whether the Act is applicable to supports for material or solely to supports for workers. Contrary authority, relied upon by the trial court, holds that the Act applies solely to support for workers and specifically does not apply to injuries caused as a result of the failure to provide or inadequacy of support for materials. (See, e.g., Matthews v. Commonwealth Edison Co. (1980), 90 Ill. App. 3d 1024, 414 N.E.2d 147 (<HOLDING>); Carlson v. Moline Board of Education (1984), Options: A. holding under the policy language that diminution of market value is not a cause of loss but a measure of a loss caused by something else B. holding that to come under the act the harm must be caused by a failure of something a worker is using to support himself C. holding that a defendants propensity to commit crime generally even if the resulting harm would be not solely physical may constitute sufficient risk of danger to come within contemplation of the bail reform act D. holding that harm is irreparable where damages would come too late to save the plaintiffs business E. holding that the worker was entitled to full ttd benefits because the employer never made an offer of employment once the worker was released to work

assistant: The best answer is B. holding that to come under the act the harm must be caused by a failure of something a worker is using to support himself
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 Waiver may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original but all such counterparts together shall constitute but one and the same instrument. Delivery of an executed counterpart to this Waiver by facsimile transmission or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Waiver.

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: (a) Each Loan Party and each of its Subsidiaries has timely filed or caused to be filed all material Tax returns required to be filed and has timely paid all material Taxes due and payable by it or imposed with respect to any of its property and all other material fees or other charges imposed on it or any of its property by any Governmental Authority (other than any Taxes the amount or validity of which are currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided on the books of the Loan Parties). Each Loan Party and each of its Subsidiaries has withheld all employee withholdings and has made all employer contributions required to be withheld and made by it pursuant to applicable law on account of the Canada and Quebec pension plans, employment insurance and employee income taxes.

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: The Borrower shall make each payment (other than Issuing Lender fronting fees which shall be paid directly to the Issuing Bank) under any Loan Document not later than 2:00 P.M. on the day when due to the Administrative Agent by wire transfer to an account or by such other means to such other address as Administrative Agent shall have notified the Borrower in writing within a reasonable time prior to such payment in immediately available Dollars and without setoff (except as provided in Section 2.20) or counterclaim. All payments received by the Administrative Agent after 2:00 P.M. shall be deemed received on the next Business Day (in the Administrative Agent’s sole discretion) and any applicable interest shall continue to accrue. The Administrative Agent shall promptly distribute to each Lender any payments received by the Administrative Agent on behalf of such Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the settlement of the Award in accordance with Section 2(c) hereof, the Participant shall recognize taxable income in respect of the Award and the Company shall report such taxable income to the appropriate taxing authorities in respect of the Award as it determines to be necessary and appropriate. The Company shall have the right to require the Participant to remit to the Company, or to withhold from amounts payable to the Participant, as compensation or otherwise, an amount sufficient to satisfy all federal, state and local withholding tax requirements, as applicable. The Participant shall satisfy any required withholding obligation with respect to the Award in cash.

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 case excerpt and choose the best holding from the options. Case excerpt: effect that defendant’s request to speak with his mother was at least an equivocal invocation of the right to silence because "[a]fter all defendant could not speak to both the officers and his mother at the same time,” post at 579, 34 A.3d at 769, is not persuasive because it proves too much. Using that logic, a request to speak with anyone would amount to an invocation. We decline to adopt so broad a rule. 9 It is for this reason that we reject defendant's argument that the officers were obligated to re-administer his Miranda\ warnings to him after the call to his mother ended and before they continued with their interrogation. Because he had never invoked the right to silence, there was no impediment to the continuation of questioning. Hartley, supra, 103 N.J. at 256, 511 A.2d 80 (<HOLDING>). Justice ALBIN, dissenting. Defendant Options: A. holding that because miranda warnings make defendant aware of right to counsel and of consequences of waiving sixth amendment rights defendants waiver of right to counsel after receiving such warnings is valid B. holding that the initial questioning was merely investigatory and miranda warnings were not necessary until after police found incriminating evidence C. holding that fresh miranda warnings are necessary after right to silence has been invoked D. holding that the warnings in their totality satisfied miranda E. holding that selfinitiated statements volunteered after miranda warnings had been given are admissible

assistant: The best answer is C. holding that fresh miranda warnings are necessary after right to silence has been invoked
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 protection of confidential information and trade secrets is essential for Global Eagle Entertainment, Inc. (the “Company”), its subsidiaries from time to time (collectively with the Company, the “Company Group”) and employees’ future security. Notwithstanding this Section 1 or anything else to the contrary in the Plan, any confidentiality or non-disclosure provision does not prohibit or restrict the Participant from responding to any inquiry about the Plan or its underlying facts and circumstances by the Securities and Exchange Commission or any other self-regulatory organization or governmental entity. The Participant understands and acknowledges that the Participant does not need the prior authorization of the Company to make any such reports or disclosures and that Participant is not required to notify the Company that Participant has made such reports or disclosures.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The authorized capital stock of the Company consists of (i) 10,000,000 shares of undesignated preferred stock, no par value per share, of which none is outstanding and (ii) 200,000,000 shares of common stock, no par value per share, of which 59,875,717 shares are outstanding as of April 25, 2018. All of the issued and outstanding shares of the Company’s capital stock have been duly authorized and validly issued and are fully paid and nonassessable. Except (i) for options to purchase Common Stock or other equity awards (including restricted stock units) issued to employees and members of the Board of Directors pursuant to the equity compensation plans or arrangements disclosed in the SEC Reports, (ii) shares of capital stock issuable and reserved for issuance pursuant to securities exercisable for, or convertible into or exchangeable for any shares of capital stock of the Company disclosed in the SEC Reports, and (iii) as contemplated by this Agreement, there are no existing options, warrants, calls, preemptive (or similar) rights, subscriptions or other rights, agreements, arrangements or commitments of any character obligating the Company to issue, transfer or sell, or cause to be issued, transferred or sold, any shares of the capital stock of, or other equity interests in, the Company or any securities convertible into or exchangeable for such shares of capital stock or other equity interests, and there are no outstanding contractual obligations of the Company to repurchase, redeem or otherwise acquire any shares of its capital stock or other equity interests. The issue and sale of the Shares will not result in the right of any holder of Company securities to adjust the exercise, conversion or exchange price under such securities.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has not been a “shell” company as described in Rule 144(i)(1) under the Securities Act for the last 12 months. The Company has filed all reports, schedules, forms, statements and other documents required to be filed by it under the Securities Exchange Act , including pursuant to Section 13(a) or 15(d) thereof, for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials and any amendments filed through the date hereof, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein not misleading. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. The financial statements (the “ Financial Statements ”) of the Company included in SEC Reports been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the footnotes thereto except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject to normal, immaterial, year-end audit adjustments. There is no transaction, arrangement, or other relationship between the Company or any Subsidiary and an unconsolidated or other off balance sheet entity that is not disclosed in its financial statements that should be disclosed in accordance with GAAP and that would be reasonably likely to have a material adverse effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Regardless of any action the Company or any of its Subsidiaries, including Participant’s actual employer (the “ Employer ”), takes with respect to any or all income tax (including federal, state and local taxes), social insurance, payroll tax, payment on account or other tax-related withholding (“ Tax-Related Items ”), Participant acknowledges that the ultimate liability for all Tax-Related Items legally due by Participant is and remains Participant’s responsibility and may exceed the amount withheld by the Company or the Employer. Participant further acknowledges that the Company and/or the Employer: (i) make no representations or undertakings regarding the treatment of any Tax-Related Items in connection with any aspect of the Units, including the grant of the Units, the vesting of the Units and the issuance of Shares or the receipt of an equivalent cash payment, the subsequent sale of any Shares acquired at vesting and the receipt of any dividends or dividend equivalent payments; and (ii) do not commit to and are under no obligation to structure the terms of the grant or any aspect of the Units to reduce or eliminate Participant’s liability for Tax-Related Items or achieve any particular tax result. Further, if Participant has become subject to tax in more than one jurisdiction between the date of grant and the date of any relevant taxable event, Participant acknowledges that the Company and/or the Employer (or former employer, as applicable) may be required to withhold or account for Tax-Related Items in more than one jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Loans will be used only for purposes permitted under Section 3.18(b). No part of the proceeds of any Loan will be used, whether directly or indirectly, to buy or carry, or to extend credit to others to buy or carry, any Margin Stock or for any other purpose that entails a violation of any of the Regulations of the Board, including Regulations T, U and X. All Letters of Credit will be issued only to support general corporate purposes of the Borrower and its Subsidiaries. The Borrower will not request any Borrowing or Letter of Credit, and the Borrower shall not use, and shall ensure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing or Letter of Credit (A) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (B) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, to the extent such activities, businesses or transaction would be prohibited by Sanctions if conducted by a corporation incorporated in the U.S. or in a European Union member state, or (C) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by finding and connecting with your friends and other athletes in our community , you may receive electronic communications , including messages from them ( depending on your preferences , you may receive notification of these messages via email , in the website/application , and/or as a push notification ) .

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: only to preserve his interest in certain assets, we note that he could have requested that the court order Wife to pay her pro rata share of these expenses or specify that the expenses be paid from marital funds. 6 . Allen v. Allen, 347 S.C. 177, 184, 554 S.E.2d 421, 424 (Ct.App.2001). 7 . McNaughton v. McNaughton, 258 S.C. 554, 558, 189 S.E.2d 820, 822 (1972). 8 . S.C.Code Ann. § 20-3-130(C) (Supp.2004). 9 . Allen, 347 S.C. at 184, 554 S.E.2d at 424 (citing Lide v. Lide, 277 S.C. 155, 157, 283 S.E.2d 832, 833 (1981)). 10 . Husband fails to cite any supporting authority for his position, and all arguments made are merely conclusory statements. As such, Husband arguably has abandoned the issue on appeal. See First Sav. Bank v. McLean, 314 S.C. 361, 363, 444 S.E.2d 513, 514 (1994) (<HOLDING>). 11 . See Smith v. Smith, 264 S.C. 624, 628, Options: A. holding that the appellant abandoned an issue to which he only made passing references B. holding that when an appellant fails to offer an argument on an issue that issue is abandoned C. holding that where an appellant fails to raise arguments regarding an issue on appeal that issue is deemed abandoned D. holding when a party fails to provide arguments or supporting authority for his assertion the party is deemed to have abandoned the issue E. holding the appellant was deemed to have abandoned an issue for which he failed to provide any argument or supporting authority

assistant: The best answer is E. holding the appellant was deemed to have abandoned an issue for which he failed to provide any argument or supporting authority
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: services of lawyers of reasonably comparable skill and reputation.” Jordan v. Multnomah County, 815 F.2d 1258, 1263 (9th Cir.1987). The district court also failed to discuss any of the Kerr factors in determining whether to adjust the lodestar amount. See Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 69-70 (9th Cir.1975). Although a district court is not required to analyze every Kerr factor, “the need for meaningful review requires remand where, as here, the record on appeal fails to indicate which, if any, of the Kerr guidelines were considered.” Moore v. Jas. H. Matthews & Co., 682 F.2d 830, 838-39 (9th Cir.1982). The district court should have addressed, at a minimum, the “extent of success” factor. See McGinnis v. Ky. Fried Chicken of Cal., 51 F.3d 805, 810 (9th Cir.1995) (<HOLDING>). Defendants apparently sought $1.3 million at Options: A. holding that in order to present a federal question a right or immunity created by the constitution or laws of the united states must be an element and an essential one of the plaintiffs cause of action quoting franchise tax bd v constr laborers vacation trust 463 us 1 1011 103 sct 2841 77 led2d 420 1983 B. holding that attorneys fee award in a common fund case must be reasonable under the circumstances C. holding that a court may not disregard the doctrine of harmless error simply in order to chastise what the court views as prosecutorial overreaching quoting united states v hasting 461 us 499 507 103 sct 1974 76 led2d 96 1983 D. holding that an attorneys fee award must be reasonable in relation to the success achieved quoting hensley v eckerhart 461 us 424 436 103 sct 1933 76 led2d 40 1983 E. holding that hensley v eckerhart applies to a fee award for seeking fees

assistant: The best answer is D. holding that an attorneys fee award must be reasonable in relation to the success achieved quoting hensley v eckerhart 461 us 424 436 103 sct 1933 76 led2d 40 1983
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 category. By failing to list Ms. Gerber and Mr. Sanberg in a timely manner, the debtor, Mr. Rollison, forfeits the protection of section 523(c)(1) and Federal Rule of Bankruptcy Procedure 4007(c). See In re Woolard, 190 B.R. 70, 74 (Bankr. E.D. Va. 1995) (relying heavily on the analysis in Beezley v. Cal. Land Title Co. (In re Beezley), 994 F.2d 1433 (9th Cir. 1993)). This means that the time period has not expired to determine the dischargeability of Ms. Gerber’s and Mr. Sanberg’s debts. See Hathorn v. Petty (In re Petty), 491 B.R. 554, 559 (8th Cir. BAP 2013) (“[A] complaint under § 523(a)(3) may be filed at any time.”). Not only that, the forum is not limited to the bankruptcy court. Apex Oil Co., Inc. v. Sparks (In re Apex Oil Co., Inc.), 406 F.3d 538, 543 (8th Cir. 2005) (<HOLDING>). The-upshot is that, because Mr. Roili-son’s Options: A. holding that when the district court applies the wrong preliminary injunction standard this court may review the record to determine whether the injunction is justified B. holding that a bankruptcy court lacked jurisdiction postconfirmation to adjudicate adversary proceeding concerning asset purchases at bankruptcy sale notwithstanding inclusion of language in the plan purporting to retain such jurisdiction in the bankruptcy court C. holding federal injunction countermanding a state court injunction did not violate antiinjunction act D. holding that the state court may adjudicate the applicability of a bankruptcy injunction to state court litigation E. holding that a federal court litigant who is forced into state court under pullman may reserve a right to return to federal court in that the plaintiff can preserve the right to the federal forum for federal claims by informing the state court of his or her intention to return following litigation of the state claims in the state court

assistant: The best answer is D. holding that the state court may adjudicate the applicability of a bankruptcy injunction to state court litigation
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: Pinkins's Patronage of Bars Pinkins claims that fundamental error occurred when the trial court admitted evidence at trial that Pinkins patrohized certain strip bars and associated with the dancers who worked at the clubs. Specifically, he maintains that the admission of this testimony was error because it violated the provisions of Indiana Evidence Rule 404(b), in that it amounted to uncharged misconduct. Therefore, Pinkins contends that the evidence unduly prejudiced him and resulted in the denial of due process and the right to a fair trial. In addressing this contention, we note, and Pinkins concedes, that he did not object to this evidence at trial. In such circumstances, the argument presented on appeal is typically waived. See Goodwin v. State, 783 N.E.2d 686, 687 (Ind.2003) (<HOLDING>). However, in an effort to avoid waiver, Options: A. holding that a claim was not preserved for review where the defense failed to object on the specific grounds advanced on appeal B. holding party may not argue one ground at trial and another on appeal where appellant did not object to testimony at trial on the grounds raised on appeal that it was improper character evidence but objected only on the basis of relevancy issue was not preserved for review C. holding that failure to object to prosecutors comment on defendants failure to testify preserved nothing for appellate review D. holding that the failure to object at trial customarily means that a party has not preserved the claim on appeal E. holding that a party may not raise a claim on appeal that was not presented to the trial court

assistant: The best answer is D. holding that the failure to object at trial customarily means that a party has not preserved the claim on appeal
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 case, evidence that the court ruled inadmissible as to Carpenter. In addition, the record includes all of the pleadings, only a small fraction of which relate to Cárpenter or the Houston Storage transaction. 11 . See also Terrell v. DeConna, 877 F.2d 1267, 1270 (5th Cir.1989) (‘‘[W]hen a federal court renders a decision in a diversity case, the decision’s preclusive effect is measured by federal principles of preclusion.”); Avondale Shipyards, Inc. v. Insured Lloyd’s, 786 F.2d 1265, 1269 n. 4 (5th Cir.1986) ("We apply federal law to the question of the res judicata or collateral estoppel effect of prior federal court proceedings, regardless of the basis of federal jurisdiction in either the prior or the present action.”); Johnson v. United States, 576 F.2d 606, 612 (5th Cir.1978) (<HOLDING>), cert. denied, 451 U.S. 1018, 101 S.Ct. 3007, Options: A. holding that to determine collateral estoppel effect of a federal civil rights action fjederal law governs the preclusive effect of a claim arising under federal law B. holding in a res judicata case that fjederal law determines the preclusive effect of a prior federal judgment C. holding that federal rules of res judicata and collateral estoppel determine preclusive effect of prior federal ftca judgments even though liability is based on state law D. holding that res judicata and collateral estoppel apply to arbitration award E. holding that federal law governs res judicata effect of an earlier federal judgment based on federal law

assistant: The best answer is C. holding that federal rules of res judicata and collateral estoppel determine preclusive effect of prior federal ftca judgments even though liability is based on state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of STX and the Borrower will, and will cause each of its subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect (a) its legal existence and (b) the rights, contracts, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names used in the conduct of the business of STX, the Borrower and the Subsidiaries, except, in the case of clause (b) of this Section, to the extent that the failure to take any such action could not reasonably be expected to have a Material Adverse Effect, provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03 or any sale of assets permitted under Section 6.05.

assistant: Existence
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 (including the Separation Agreement) contains the entire understanding of the parties as to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof. In executing this Release, neither party has relied on any term, condition, promise, or representation other than those expressed in this Release and the Separation Agreement. This Release may be amended or modified only by an agreement in writing, signed by both parties. If any provision of this Release is determined to be invalid or otherwise unenforceable, then that invalidity or unenforceability will not affect any other provision of this Release, which will continue and remain in full force and effect.

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: If the outstanding shares of common stock of the Company are increased, decreased or exchanged for a different number or kind of shares or other securities, or if additional shares or new or different shares or other securities are distributed in respect of such shares of common stock (or any stock or securities received with respect to such common stock), through merger, consolidation, sale or exchange of all or substantially all of the properties of the Company, reorganization, recapitalization, reclassification, stock dividend, stock split, reverse stock split, spin-off or other distribution with respect to such shares of common stock (or any stock or securities received with respect to such common stock), then the number of shares of common stock shall be equitably and appropriately adjusted. Adjustments under this Section 4.9 will be made by the applicable authority, whose determination as to what adjustments will be made and the extent thereof will be final, binding and conclusive. No fractional interests will be issued from any such adjustments. Notice of any adjustment shall be given by Company to Executive and shall be final and binding on Executive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for issues or matters as to which federal law is applicable, this Waiver and Release of Claims shall be governed by and construed and enforced in accordance with the laws of the State of Delaware without giving effect to the conflicts of law principles 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement , as the case may be .

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: as a defense in a suit in equity for specific performance of the contract.” See Arthur L. Eno, Jr. and William V. Hovey, Real Estate Law §3.2, at 24 (3rd ed. 1995). This general rule, however, is inapposite to the case at bar. Albrecht argues that he has relied to his detriment “on the defendants o Not Sustain His Fraud Claim In Count IV of the complaint, Albrecht asserts that the defendants’ actions “constitute actionable fraud.” Albrecht claims that the “defendants made a specific promise to plaintiff to convey him the property . . . either [knowing] it was false or [acting] negligently in making it without determining if it was true or false.” As a matter of law, these allegations, even if true, do not state a valid claim for fraud. See Ranicar v. Goodwin, 326 Mass. 710, 713 (1951) (<HOLDING>); Chase v. Aetna Rubber Co., 321 Mass. 721, 724 Options: A. holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only with the existence of the alleged oral contract B. holding that statements that merely convey an impression or understanding of a fact do not constitute a promise C. holding that a promise to make a loan is not covered by 1823e because a promise is not an asset D. holding that action against an erisa plan administrator based on his alleged oral promise to pay for the majori ty of beneficiarys medical expenses was not a colorable claim under 502a1b because dispute concerned the terms of the alleged oral promise not of the erisa plan itself E. holding that the failure to carry out an oral promise to convey land standing by itself is not fraud

assistant: The best answer is E. holding that the failure to carry out an oral promise to convey land standing by itself is not fraud
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: bodily injury without attempting to cause (or actually causing) serious bodily injury, which would support a conviction for REAP, but not for aggravated assault. See, e.g., Commonwealth v. Vogelsong, 90 A.3d 717 (Pa.Super.2014) (affirming REAP conviction of defendant who twice let her horse wander unattended on busy roadway and consciously disregarded substantial risk of injury posed to passing motorists). Additionally, unlike aggravated assault, REAP requires the element of actual danger of death or serious bodily injury. An individual could attempt to cause serious bodily injury to another person without placing that person in actual danger, which would support a conviction for aggravated assault but not REAP. See, e.g., Commonwealth v. Lopez, 439 Pa.Super. 625, 654 A.2d 1150 (1995) (<HOLDING>). Each offense requires proof of an element Options: A. holding that a person is seized when a reasonable person would have believed that he was not free to leave B. holding that debt orhusband could exempt his interest in home even though he lived elsewhere and even though the home was a residence only for his children and codebtor wife from whom he was separated C. holding defendant who discharged firearm into empty residence could be convicted of aggravated assault if he acted with intent to cause serious bodily injury to person he believed was in residence even though that person was elsewhere D. holding that specific intent is not element of assault resulting in serious bodily injury E. holding residence means legal residence for will probate

assistant: The best answer is C. holding defendant who discharged firearm into empty residence could be convicted of aggravated assault if he acted with intent to cause serious bodily injury to person he believed was in residence even though that person was elsewhere
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 any content that you `` make available '' , which includes providing , sharing , otherwise making available to masquerade or in connection with our services via any mechanism ( `` your content '' ) .

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: Const, amend. XIV, § 1 (“nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”) (emphasis added). Thus, the Fourteenth Amendment protects all persons, whether they can prove membership in a specially protected class or not. The Court does not, in so holding, suggest that membership in a particular class of persons is irrelevant to a determination of whether a constitutional violation has occurred. Courts must evaluate discrimination based on membership in an identified suspect class such as race, alien-age, or national origin, with the most strict scrutiny. See City of Cleburne v. Cleburne Living Center, 473 U.S. 432, 440, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985) (<HOLDING>). In contrast, the Eighth Circuit has held that Options: A. holding that the government interest in preventing crime is compelling B. holding on summary judgment that a regulation is narrowly tailored to serve a significant government interest C. recognizing the compelling interest in highway safety D. holding that such classifications are permissible only when suitably tailored to serve a compelling state interest E. holding grandparent visitation statute serves compelling state interest in maintaining grandparentgrandchild relationship where grandparents had raised child for period of time but agreeing with trial court that something more than childs best interest must be established to serve compelling state interest

assistant: The best answer is D. holding that such classifications are permissible only when suitably tailored to serve a compelling state interest
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 Section 9 and Section 10 of this Agreement, the Company shall indemnify Indemnitee, to the fullest extent permitted by the laws of the State of Oregon in effect on the date hereof, or as such laws may from time to time hereafter be amended to increase the scope of such permitted indemnification, against any and all Losses if Indemnitee was or is or becomes a party to or participant in, or is threatened to be made a party to or participant in, any Claim by reason of or arising in part out of an Indemnifiable Event, including Claims brought by or in the right of the Company, Claims brought by third parties, and Claims in which the Indemnitee is solely a witness.

assistant: Indemnifications