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: more or better evidence.” (internal quotations omitted)); Jones v. United States, 466 F.2d 131, 136 (10th Cir.1972) (“Evidence of this type is not the result of a different factual situation or changed circumstances. It is, instead, historical in nature and could have been admitted at the first trial if properly submitted. If the taxpayers’ case was not effectively presented at the first trial it wa -04 (2d Cir.1999) (noting that the virtues of issue preclusion do not come without a price: “Just as occasionally ‘the race is not to the swift, nor the battle to the strong ... but time and chance hap-peneth to them all,’ Ecclesiastes 9:11 (King James ed.), so too the results of an earlier resolution of an issue may simply be wrong.”); Johnson v. Watkins, 101 F.3d 792, 795 (2d Cir.1996) (<HOLDING>); James Talcott, Inc. v. Allahabad Bank, Ltd., Options: A. recognizing that the doctrine of collateral estoppel represents an informed choice that the occasional permanent encapsulation of a wrong result is a price worth paying to promote the worthy goals of ending disputes and avoiding repetitive litigation B. recognizing the collateral order doctrine for the first time C. recognizing the doctrine of collateral estoppel in agency proceedings D. holding collateral estoppel elements met considering changed circumstances in the context of an exception to the general rule of collateral estoppel E. holding that the debtor has the burden of showing that collateral estoppel applies

assistant: The best answer is A. recognizing that the doctrine of collateral estoppel represents an informed choice that the occasional permanent encapsulation of a wrong result is a price worth paying to promote the worthy goals of ending disputes and avoiding repetitive 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 legal provision and list the applicable contract clause categories. Provision: This Note shall be construed and enforced in accordance with, and all questions concerning the construction, validity, interpretation and performance of this Note shall be governed by, the laws of the State of California, without giving effect to provisions thereof regarding conflict of laws. Each party hereto hereby irrevocably submits to the nonexclusive jurisdiction of the state and federal courts sitting in the State of California for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper, provided, however, nothing contained herein shall limit the Holder’s ability to bring suit or enforce this Note in any other jurisdiction. Each party hereto hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by sending by certified mail or overnight courier a copy thereof to such party at the address indicated in the preamble hereto and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law.

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: in dismissing all claims against King. For the foregoing reasons, we: 1) AFFIRM the district court’s denial of the Holders’ motion to remand, 2) AFFIRM the district court’s dismissal of the Holders’ claims against Gregory S. Maranto, M.D. and Rush Medical Group, P.A., 3) AFFIRM the district court’s dismissal of the claims against the Vaccine Defendants, but 4) REVERSE the district court’s dismissal of the claims against Eli Lilly and Company, Sigma-Aldrich, Inc., and Spectrum Chemical Manufacturing Corp. and REMAND only the claims that those defendants manufactured, marketed, designed or distributed Thimerosal. AFFIRMED IN PART; REVERSED AND REMANDED IN PART 1 . 42 U L.Ed.2d 755 (2005). 6 . Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 311 (5th Cir.2002) (<HOLDING>), Copeland v. Wasserstein, Perella & Co., Inc., Options: A. holding that antitrust standing is question of law reviewed de novo B. holding that an order denying remand based on improper joinder is reviewed de novo C. holding that confrontation clause claims are reviewed de novo D. holding that a legal conclusion on a motion to suppress is reviewed de novo E. holding that rule 12b6 disposition is reviewed de novo

assistant: The best answer is B. holding that an order denying remand based on improper joinder is reviewed de novo
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 notice herein required or permitted to be given shall be in writing and may be personally served or delivered by courier or sent by United States mail and shall be deemed to have been given upon receipt if personally served (which shall include telephone line facsimile transmission) or sent by courier or three (3) days after being deposited in the United States mail, certified, with postage pre-paid and properly addressed, if sent by mail. For the purposes hereof, the address of the Holder shall be as shown on the records of the Borrower; and the address of the Borrower shall be FICAAR, INC., 30 West 39th Street, 4th Floor, New York, New York 10018 . Both the Holder and the Borrower may change the address for service by service of written notice to the other as herein provided.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Revolving Credit Lender or, as appropriate, its assignee following compliance with Section 11.06(b) ) or (ii) the determination by the Administrative Agent and the L/C Issuer that there exists excess Cash Collateral; provided , however , (A) any such release shall be without prejudice to, and any disbursement or other transfer of Cash Collateral shall be and remain subject to, any other Lien conferred under the Loan Documents and the other applicable provisions of the Loan Documents, and (B) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, the other Credit Documents and the Letters of Credit, if any, represent the complete agreement of the Account Party and the Issuing Bank with respect to the subject matter hereof, and there are no promises, undertakings, representations or warranties by the Issuing Bank or the Account Party relative to subject matter hereof not expressly set forth or referred to herein or in the other Credit Documents.

assistant: Integration
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: 18 Bennett v. Mullally, 263 Ga. App. 215, 217-18 (1) (587 SE2d 385) (2003) (physical precedent only) (punctuation omitted). 19 Wood, 314 Ga. App. at 133 (4) (punctuation omitted). 20 Id. (punctuation omitted); see also Harper, 313 Ga. App. at 476 (1) (“[B]ecause trial courts are vested with hroad discretion in evaluating and ruling upon a potential juror’s impartiality, we will only reverse when there has heen a ‘manifest abuse’ of the trial court’s discretion.”). 21 See Hardy v. Tanner Med. Ctr., Inc., 231 Ga. App. 254, 256 (4) (499 SE2d 121) (1998) (trial court did not abuse its discretion by denying motion to strike juror when juror’s answers to questions gave assurance that juror could be fair to both sides and listen to the evidence). Compare Harper, 313 Ga. App. at 478 (1) (<HOLDING>). 22 See, e.g., Crusselle v. State, 303 Ga. Options: A. holding that jurors who expressed residual doubt about the defendants right to silence should have been dismissed for cause B. holding that the trial court did not abuse its discretion in refusing to strike for cause two potential jurors who had heard andor read about the case but indicated that they could render a fair and impartial verdict based on the evidence presented C. holding that double jeopardy barred the second prosecution when one of the jurors in the first trial became disabled and the trial court declared a mistrial instead of proceeding with eleven jurors D. holding statute stating that judge could excuse jurors was violated when jury commissioners excused jurors E. holding that trial court abused its discretion in failing to make a proper inquiry of jurors andor failing to strike jurors for cause after jurors explicitly expressed bias

assistant: The best answer is E. holding that trial court abused its discretion in failing to make a proper inquiry of jurors andor failing to strike jurors for cause after jurors explicitly expressed bias
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: 877, 877 (Fla. 2d DCA 2012) (same). Both the Fifth and First Districts have similarly held that a defendant’s youthful offender status must be continued on re-sentencing after a violation of probation. See Christian v. State, 84 So.3d 437, 441-42 (Fla. 5th DCA 2012) (explaining that, though a youthful offender may receive the maximum sentence that could have originally been imposed had he not been sentenced under the youthful offender act pursuant to section 958.14, he still maintains his “youthful offender status”); Hudson v. State, 989 So.2d 725, 726 (Fla. 1st DCA 2008) (“When a defendant has been designated a youthful offender, the court may not change that status by way of revocation of probation or community control.”); Gardner v. State, 656 So.2d 933, 937 (Fla. 1st DCA 1995) (<HOLDING>). Importantly, this is not a mere paper Options: A. holding that there is simply no booker error where a defendant was sentenced to the statutory minimum sentence B. holding that the trial court may not retain jurisdiction over a sentence when the defendant is sentenced under the guidelines C. holding that once a defendant is sentenced under the provisions of section 95804 a court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 95804 D. holding that a defendant must have notice that the trial court might sentence him to death E. holding that the defendant is not entitled to be sentenced by the judge who took his plea when the judge made no promise to sentence him

assistant: The best answer is C. holding that once a defendant is sentenced under the provisions of section 95804 a court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 95804
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: There is no action, suit, prosecution or other similar proceeding of a material nature, or which process initiating the same, that has been served on the Seller or to Seller’s knowledge threatened against the Seller and affecting any of the Seller’s interest in the Royalties or the Montana Royalties at law or in equity or before or by any Governmental Authority.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that the Borrower may not assign or otherwise transfer any of their rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with Section 11.05(b) , (ii) by way of participation in accordance Section 11.05(d) , or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 11.05(f) (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in Section 11.05(d) and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: fact-finder could conclude that Mr. Patel condoning and even allowing the plaintiff to assume such heightened authority modi fíed the plaintiffs employment contract to include such responsibility. Ferraro v. Bd. of Trustees of Labette Cnty. Med. Ctr., 106 F.Supp.2d 1195, 1200 (D.Kan.2000) affd, 28 Fed.Appx. 899 (10th Cir.2001) (determining that whether the parties had an implied contract could be ascertained from several factors, including the parties’ conduct from the commencement of the employment relationship, the nature of the employment, and the circumstances surrounding that relationship, and concluding that they had such contract). Moreover, a reasonable factfinder could conclude that the removal of these duties resulted in a constructive discharge. Brock, 397 A.2d at 152 (<HOLDING>). Stated otherwise, because the plaintiffs Options: A. holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail B. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present C. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live D. holding that when an employee was removed from his managerial responsibilities overseeing news operations and was reassigned at the same salary to a regular news shift that he suffered a constructive discharge because he was stripped of his prior managerial functions and left with no more responsibility than the newscasters that he had previously supervised E. holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment

assistant: The best answer is D. holding that when an employee was removed from his managerial responsibilities overseeing news operations and was reassigned at the same salary to a regular news shift that he suffered a constructive discharge because he was stripped of his prior managerial functions and left with no more responsibility than the newscasters that he had previously supervised
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: his motion for a new venire. During voir dire, the defense counsel asked the judge for a sidebar, during which he orally moved to dismiss the venire. The defense counsel stated that there were only 3 or 4 black members on the 44-person venire. Stating that there were also "other Eurasian people in the voir dire panel,” the judge denied the defense counsel’s motion. The judge began the proceedings the next day by citing People v. Peeples (1993), 155 Ill. 2d 422, 616 N.E.2d 294, in support of his ruling the day before. At this time, the defense counsel complained that the only black jury member was one whom the parties had selected as a potential alternate juror, but the judge did not change his ruling. There is no written motion for a new venire in the record, althou 1 N.E.2d 1263 (<HOLDING>). Even if we were to review the merits of the Options: A. holding that defendant did not breach oral agreement because among other things the plaintiff had not established that the term in question was part of the oral contract B. holding that the defendants oral motion challenging the venire was insufficient to preserve the issue for review C. 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 D. holding that an oral challenge to the venire is insufficient E. holding that when the courts oral statements in the plea colloquy conflict with the written agreement the courts oral statements control

assistant: The best answer is D. holding that an oral challenge to the venire is insufficient
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 ease controls and cites case law to support their position. However, the authority cited by defendants is distinguishable from the facts of this case. In the cases cited by defendants, the charters provided “in no uncertain terms” that the employee serves at the pleasure of the City and therefore is an “at will” employee, removable at any time, for any purpose, and without any procedural due process protections. See Harrington, 677 F.Supp. at 1499-1500 (finding that city charter provision stating that “the Mayor shall appoint a Chief of Police ... the Chief of Police shall be subject to removal by the Mayor” provided that the Chief of Police serves at the pleasure of the Mayor and is removable at will); Haynes v. City of Sisters, No. 97-6195-TC, slip op. at 7 (D.Or. Oct. 23, 1998) (<HOLDING>) ; Meyers v. City of Gold Hill, No. 94-3007-CO, Options: A. holding the chief of police was an atwill employee because the parties agreed that the chief of police was an appointed officer and the citys charter stated that officers shall be appointed and may be removed by the mayor with consent of the council B. holding that chief of police was entitled to immunity for demoting police officer pending appeal of hearing officers decision to contrary because although statute made hearing officers decision final and binding statute nowhere addressed enforceability of decision pending appeal thus chief of polices action was discretionary C. holding chief of police an executive officer because a member of the executive branch and an officer D. holding that statements made only to supervisor and chief by police officer were matters of public concern E. holding that a bankruptcy trustee is an officer of the court appointed by the court directed by the court and paid by the court but is in no sense an agent or employee or officer of the united states

assistant: The best answer is A. holding the chief of police was an atwill employee because the parties agreed that the chief of police was an appointed officer and the citys charter stated that officers shall be appointed and may be removed by the mayor with consent of the council
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court noted, on the day it granted the Motion, that the Reply Evidence was timely because it was filed more than 21 days before the March 18 submission date. One inaccurate statement made in passing in the argument section of the Brokers' appellate brief should not change the analysis. A judicial admission must be clear, deliberate, and unequivocal. See Regency Advantage Ltd. P'ship v. Bingo Idea-Watauga, Inc., 936 S.W.2d 275, 278 (Tex.1996). The Brokers do not clearly, deliberately, and unequivocally admit that the trial court stated that it did not consider the Reply Evidence, and they certainly do not admit that the trial court did not consider the Reply Evidence. See OAIC Comm. Assets, L.L.C. v. Stonegate Village, L.P., 234 S.W.3d 726, 742-43 (Tex.App.-Dallas 2007, pet. filed) (<HOLDING>). In their response to the Insureds' motion for Options: A. holding that only deliberate clear and unequivocal statements can constitute conclusive judicial admissions B. holding that consequence of deliberate violation of parental notification statute is suppression of statements made by defendant C. recognizing that lack of briefing and argumentation can lead to problems in the development of the law and noting that our precedents require us to defer to another day the other issues that the litigants have not brought to us D. holding that the admission of a family photo was harmless error in light of the overwhelming evidence in support of the conviction E. holding that appellate briefing did not contain unequivocal and deliberate admission in light of all the arguments and statements made in the briefing

assistant: The best answer is E. holding that appellate briefing did not contain unequivocal and deliberate admission in light of all the arguments and statements made in the briefing
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 term or condition of this Agreement may be waived at any time by the Party that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the Party waiving such term or condition. The waiver by either Party hereto of any right hereunder or of the failure to perform or of a breach by the other Party shall not be deemed a waiver of any other right hereunder or of any other breach or failure by such other Party whether of a similar nature or otherwise. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by Applicable Laws or otherwise available except as expressly set forth herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Filings, none of the officers or directors of the Company or any Subsidiary and, to the knowledge of the Company, none of the employees of the Company or any Subsidiary is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, providing for the borrowing of money from or lending of money to or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee, stockholder, member or partner, in each case in excess of $120,000 other than for: (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company, (iii) other employee benefits, including stock option agreements under any stock option plan of the Company and (iv) purchases of Common Stock from the Company upon such terms as are generally available to the public in the Company’s primary Trading Market.

assistant: Transactions With Affiliates
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 the Company and the Holder (i) hereby irrevocably submits to the non-exclusive jurisdiction of the State of New York for the purposes of any suit, action or proceeding arising out of or relating to these Notes and (ii) hereby waives, and agrees not to assert in any such suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of such court, that the suit, action or proceeding is brought in an inconvenient forum or that the venue of the suit, action or proceeding is improper. Each of the Company and the Holder consents to process being served in any such suit, action or proceeding by mailing a copy thereof to such party at the address in effect for notices to it under the Purchase Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 4.9 shall affect or limit any right to serve process in any other manner permitted by law. Each of the Company and the Holder hereby agree that the prevailing party in any suit, action or proceeding arising out of or relating to these Notes shall be entitled to reimbursement for reasonable legal fees from the non-prevailing party.

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 case excerpt and choose the best holding from the options. Case excerpt: Fourth Amendment compels automatic suppression only where there is a “fundamental” violation of Rule 41; fundamental violations are those “rendering] the search unconstitutional under traditional fourth amendment standards.” United States v. Vasser, 648 F.2d 507, 510 (9th Cir. 1980) (citing United States v. Burke, 517 F.2d 377, 386 (2d Cir. 1975)), cert. denied, 450 U.S. 928 (1981). And the Gantt court explicitly found a deliberate violation, thus avoiding the question of whether the violation was “technical” or “fundamental.” 194 F.3d at 994. The Gantt defendant waited three hours and was never able to examine a complete copy of the warrant. Here, there was substantial evidence that Aase received a full copy of the warrant only minutes into the search. 673, 677-78, 495 P.2d 682 (1972) (<HOLDING>). Compare State v. Ettenhofer, 119 Wn. App. Options: A. holding that under former rcw 6933430 1959 although preferable if defendant is served personally with a copy of the search warrant it was not reversible error when defendant received the warrant the next day B. holding that the burden is on the defendant when the validity of the warrant is challenged C. holding warrant valid where search warrant application affidavit was signed and probable cause existed for issuance of warrant D. holding that failure to deliver a copy of search warrant and itemized copy of the warrant return to defendant in absence of showing of injury reveals no error E. holding suppression not required for technical violation under former statute governing execution of a search warrant for dangerous drugs where warrant was read aloud and served on householder but not served on defendant as required by statute

assistant: The best answer is A. holding that under former rcw 6933430 1959 although preferable if defendant is served personally with a copy of the search warrant it was not reversible error when defendant received the warrant the next day
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: 470 U.S. 903 105 S.Ct. 1858 84 L.Ed.2d 776 BOARD OF EDUCATION OF the CITY OF OKLAHOMA CITY, OKLAHOMA, appellant,v.NATIONAL GAY TASK FORCE No. 83-2030 Supreme Court of the United States March 26, 1985 PER CURIAM. 1 The judgment is affirmed by an equally divided Court. 2 Justice POWELL took no part in the decision of this case.

assistant: 3
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 the estate’s normal course of business in property of the estate.”); In re Doemling, 116 B.R. 48, 50 (Bankr.W.D.Pa.1990) (“Relatively few courts have been called upon to determine whether a property interest which was acquired postpetition in a Chapter 11 case qualifies as property of the estate pursuant to § 541(a)(7). The following principle can, however, be extracted from certain of those cases: a property interest acquired postpetition during the pendency of a Chapter 11 case qualifies as property of the estate, for purposes of § 541(a)(7), only if said property interest is traceable to (or arises out of) some prepetition property interest which already is included in the bankruptcy estate.”); see also Segal v. Rochelle, 382 U.S. 375, 380, 86 S.Ct. 511, 15 L.Ed.2d 428 (1966) (<HOLDING>). 53 . 11 U.S.C. § 541(a)(7) (emphasis added). Options: A. holding that whether failure to make progress or other payments is material depends upon the seriousness of the breach and its impact on the contractors ability to perform B. holding the losscarryback refund claims were sufficiently rooted in the prebankruptcy past and so little entangled with the bankrupts ability to make an unencumbered fresh start that they should be regarded as property under 70a5 of the bankruptcy act C. holding that whether a statement made in response to interrogation is testimonial depends on whether the objective purpose of the interrogation was to establish or prove past events potentially relevant to later criminal prosecution or to meet an ongoing emergency D. holding that whether property is included in an estate depends on whether it is sufficiently rooted in the prebankruptcy past and so little entangled with the bankrupts ability to make an unencumbered fresh start E. holding that for estate tax purposes property is to be valued as it exists in the hands of the estate

assistant: The best answer is D. holding that whether property is included in an estate depends on whether it is sufficiently rooted in the prebankruptcy past and so little entangled with the bankrupts ability to make an unencumbered fresh start
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 term of this Supply Agreement shall commence on the Original Effective Date and shall continue for a period of sixty (60) months (the “Initial Term”); provided that the Initial Term with respect to Controls Seller Goods shall not terminate prior to the day that is the fourth anniversary of the Trigger Date. Following the Initial Term, this Supply Agreement shall automatically renew on a yearly basis until the Trigger Date with respect to all Seller Goods other than the Controls Seller Goods (including the Initial Term, the “Term”). Upon the Trigger Date, the terms of this Supply Agreement shall continue to govern all POs governed by this Supply Agreement that are entered into between the Parties prior to the Trigger Date.

assistant: Terms
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 ground for summary judgment in the trial court. Appellants' summary judgment motion outlines the issues before the lower court as follows: "1. Whether [appellants] are entitled to absolute legislative immunity, [and] 2. Whether [appellants] are alternatively entitled to a qualified immunity.” (emphasis added). Appellants did not argue below that they were entitled to absolute judicial immunity in connection with their actions in this case. Additionally, the summary judgment evidence offered in support of their motion does not address this issue. Because appellants failed to raise absolute judicial immunity as a ground for summary judgment in their motion, we conclude they cannot rely on this ground on appeal. See McConnell v. Southside I.S.D., 858 S.W.2d 337, 339 & n. 2 (Tex.1993) (<HOLDING>). Accordingly, we do not address the Options: A. holding that before granting an unopposed summary judgment motion the court must inquire whether the moving party has met its burden to demonstrate undisputed facts entitling it to summary judgment as a matter of law B. holding that summary judgment motion itself must expressly present reasons entitling movant to summary judgment C. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed D. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed E. holding that a summary judgment motion must stand or fall on the grounds expressly presented in the motion

assistant: The best answer is B. holding that summary judgment motion itself must expressly present reasons entitling movant to summary judgment
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: class of jobs or a broad range of jobs. Citing Cline v. Wal-Mart Stores, Inc., 144 F.3d 294, 303-04 (4th Cir.1998), Windly argues that she should be regarded as disabled for ADA purposes if her employer considered her incapable of filling supervisory positions because of the level of stress that they involve. We do not believe that the record here reasonably suggests that Windly was regarded as incapable of filling supervisory positions in general. Both sides agree that the Coldwater store was a particularly tough and stressful assignment. On Windly’s own version of her conversation with George Hightower, he stated that she could perhaps fill the store manager position in a different store. George Hightower’s apparent belief that Windly was unable to ha 867, 872-73 (2d Cir.1998) (<HOLDING>). Since Windly failed to demonstrate a genuine Options: A. holding that the ada plaintiff was unable to perform essential functions of job when the plaintiffs psychotherapist had told the employer that the plaintiff was unable to work in any position when the plaintiff did not disagree with that point and when the plaintiff in response to a request for admission conceded that she was no longer able to work B. holding that legal secretary was not regarded as substantially limited in her ability to work when she was told that this job is too stressful for you because you have colitis employers statement was limited to this job and employer offered a good recommendation to give to future employers C. holding that your work exclusion is triggered only where the damage at issue is to work performed by you and is caused by work performed by you and does not apply to damage caused to original construction of a house during later repair work D. holding that employers have standing to sue E. holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment

assistant: The best answer is B. holding that legal secretary was not regarded as substantially limited in her ability to work when she was told that this job is too stressful for you because you have colitis employers statement was limited to this job and employer offered a good recommendation to give to future employers
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: constitutional scrutiny of police action. {¶ 70} By that era, the Supreme Court recognized that a juvenile could “receive[] the worst of both worlds” in the juvenile court system by being provided “neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children.” Kent, 383 U.S. at 556, 86 S.Ct. 1045, 16 L.Ed.2d 84. In a series of cases, the court addressed that concern. {¶ 71} Although the court had recognized a due process interest in juvenile court proceedings as early as 1948, see Haley v. Ohio (1948), 332 U.S. 596, 601, 68 S.Ct. 302, 92 L.Ed. 224, the understanding that the Due Process Clause of the Fourteenth Amendment applied to juvenile proceedings because of the juvenile’s liberty interests was more fully developed in Kent (<HOLDING>), and crystallized in In re Gault (1967), 387 Options: A. holding that the court without violating due process of the law may conduct a hearing to determine whether to waive juvenile jurisdiction even if the juvenile fails to appear if counsel is present and allowed to participate on the juveniles behalf B. holding that jeopardy attaches in juvenile adjudication that determines whether juvenile violated criminal law C. recognizing that the admonition to function in a parental relationship is not an invitation to procedural arbitrariness and holding that a juvenile is entitled to a hearing on the issue of whether juvenile court jurisdiction should be waived before being released to a criminal court for prosecution D. holding that although the juvenile restitution statute does not expressly require the juvenile court to determine whether the juvenile has the ability to pay the restitution ordered as a condition of probation the policies underlying the adult restitutions command that a trial court make such an inquiry applies with equal force to juvenile courts E. holding that juvenile court has no jurisdiction to consider constitutional claims

assistant: The best answer is C. recognizing that the admonition to function in a parental relationship is not an invitation to procedural arbitrariness and holding that a juvenile is entitled to a hearing on the issue of whether juvenile court jurisdiction should be waived before being released to a criminal court for 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: The Borrowers have furnished to each Lender (i) the audited con-solidated balance sheet of the Borrowers and their Subsidiaries as of December 31, 2015, and the related audited consolidated statements of income, shareholders’ equity and cash flows for the Fiscal Year then ended, prepared by Grant Thornton LLP and (ii) the unaudited consolidated balance sheet of the Borrowers and their Subsidiaries as of March 31, 2016, and the related unaudited consolidated statements of in-come and cash flows for the Fiscal Quarter and year-to-date period then ended, certified by a Responsible Officer. Such financial statements fairly present in all material respects the consolidated financial condition of the Borrowers and their Subsidiaries as of such dates and the consolidated results of op-erations for such periods in conformity with GAAP consistently applied, subject to year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii). Since December 31, 2015, there have been no changes with respect to the Borrowers and their Subsidiaries which have had or could reasonably be expected to have, either individually or in the aggregate, 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: The Company shall reimburse Executive for his normal and reasonable out-of-pocket costs and expenses in connection with the performance of his duties and responsibilities hereunder, subject to the submission of appropriate vouchers and receipts in accordance with the Company's policy from time to time in effect, including sufficient detail to entitle the Company to an income tax deduction for such paid items, if such items are so deductible. Company shall create an Employee Expense Statement Form that every employee will utilize to regularly report his/her out-of-pocket business expenses, which will be approved and reimbursed within five business days of submittal of the Employee Expense Statement. Such expenses shall include, but not be limited to: business class airfare (first class if no business class is available), appropriate hotel accommodation, travel meals and bona fide business expenses and entertainment as allowed by applicable law. Should extended stays be required in other Company locations, the Company shall reimburse Executive for extended temporary living expenses.

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 legal provision and list the applicable contract clause categories. Provision: The promises, representations, covenants, warranties and clauses contained in this Agreement shall be deemed severable and if any portion hereof shall be held invalid, illegal or unenforceable for any reason, the remainder shall not thereby be invalidated but shall remain in full force and effect.

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: Recently, the Third Circuit has held that to establish a due process violation, and overcome qualified immunity, regarding a claim of government interference with familial relations, a plaintiff must establish that a child welfare worker, in removing a child from parental custody, possessed no objectively reasonable basis for believing that parental custody threatened the child’s welfare or safety. Croft v. Westmoreland County Children and Youth Services, 103 F.3d 1123 (3d Cir.1997). See also Gottlieb v. County of Orange, 84 F.3d 511, 517 (2d Cir.1996) (finding no due process violation where child welfare worker had objectively reasonable basis for believing parent represented threat to child’s welfare); Thomason v. SCAN Volunteer Services, Inc., 85 F.3d 1365, 1371 (8th Cir.1996) (<HOLDING>). The Croft decision, however, was decided Options: A. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child B. holding child welfare worker entitled to qualified immunity where child removed on reasonable suspicion of abuse C. holding a social worker treating the child was permitted to testify to statements the child made about the abuse including the victims identification of the perpetrator because the statements were necessary to the treatment of ensuring the continued safety of the child D. holding the record does not show that the statement to the social worker was for medical treatment because the social worker testified that he questioned the child to determine whether he needed to notify child protective services of a case of suspected child abuse E. holding that defendants are not entitled to qualified immunity

assistant: The best answer is B. holding child welfare worker entitled to qualified immunity where child removed on reasonable suspicion of abuse
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 Person will have, as a result of the transactions contemplated by the Transaction Documents, any valid right, interest or claim against or upon the Company, any Subsidiary or the Investors for any commission, fee or other compensation pursuant to any agreement, arrangement or understanding entered into by or on behalf of the Investors.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement will be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Notwithstanding the foregoing, neither party shall assign this Agreement, in whole or in part, to any other Person without the express prior written consent of the other party to this Agreement, determined in such other party’s sole and absolute discretion.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement contains the entire understanding of the parties, supersedes all prior agreements and understandings relating to the subject matter hereof, and shall not be amended except by a written instrument hereafter signed by each of the parties hereto.

assistant: Entire Agreements