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: not made part of the record. 9 . 11 U.S.C. § 362(a)(1). 10 . 11 U.S.C. § 362(a)(2). 11 . 11 U.S.C. § 362(a)(4). 12 . 11 U.S.C. § 362(a)(6). 13 . Section 362(c)(3) provides that if a bankruptcy case is filed by an individual who had a prior bankruptcy case dismissed (other than a dismissal under 11 U.S.C. § 707(b)) within the preceding one year period, the automatic stay terminates on the 30th day after the filing of the later case, unless the stay is extended after notice and hearing. In this case, § 362(c)(3) was applicable. After notice and hearing, however, the court entered an order extending the automatic stay. See Docket Entry No. 17. 14 . For ease of reference, I will refer to such an institution as a "university.” 15 .See, e. g., In re Merchant, 958 F.2d 738, 741 (6th Cir.1992) (<HOLDING>); In re Hernandez, 2005 WL 1000059, at *1 Options: A. holding judgment in violation of automatic stay void B. holding that although the automatic stay only applies to proceedings against the debtor counterclaims seeking affirmative relief against a debtor implicate the automatic stay C. holding that university violated automatic stay by withholding chapter 13 debtors student transcript but that such action at bar did not rise to the level of contempt D. recognizing fdcpa claim for violation of bankruptcy codes automatic stay provision 11 usc 362 which explicitly provides private cause of action E. holding that refusal to provide chapter 7 debtor transcript because of default on student loan was a violation of the automatic stay based on the plain language of 11 usc 362

assistant: The best answer is E. holding that refusal to provide chapter 7 debtor transcript because of default on student loan was a violation of the automatic stay based on the plain language of 11 usc 362
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The State, by contrast, argues that because the court’s summary denial of Pinholster’s claim was an adjudication on the merits, we apply the usual deference required by AEDPA. Under our precedent, the California Supreme Court’s denial of Pinholster’s petition for writ of habeas corpus “on the substantive ground that it is without merit,” Pinholster II, 525 F.3d at 754, constitutes a decision on the merits of his federal claim. See Hunter v. Aispuro, 982 F.2d 344, 347-48 (9th Cir.1992) (noting that “the California Supreme Court’s denial of a habeas petition without comment or citation constituted a decision on the merits of the federal claims” (citing Harris v. Superior Court, 500 F.2d 1124, 1127-29 (9th Cir. 1974) (en banc))); Gaston v. Palmer, 417 F.3d 1030, 1038 (9th Cir.2005) (<HOLDING>). The Supreme Court has not addressed the Options: A. recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted B. holding that we must first determine our jurisdiction before proceeding to the merits of the appeal C. holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred D. recognizing that we construe postcard denials such as these to be decisions on the merits citing hunter 982 f2d at 348 E. recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court

assistant: The best answer is D. recognizing that we construe postcard denials such as these to be decisions on the merits citing hunter 982 f2d at 348
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 these facts. There is no question that the officers here noticed the number of kitchens and living rooms before the application for the search warrant was made. There was no such “haste” involved when they failed to recognize the contradiction between the explicit claim in the probable cause affidavit that the building was a “single-family residence” with one kitchen and one living room and the fact that it had four kitchens and several “living rooms.” In light of all the information readily available, it was unreasonable for the police to conclude that 624 West Eugene Street was a single-family residence. At the very least, police officers should have investigated further, as they had in Garrison and Williams. Accord, United States v. Andrews, 713 F.Supp. 1319, 1321 (D.Minn.1989) (<HOLDING>). The exception established in Garrison and Options: A. holding that the evidence supported two separate convictions and punishments for two attempted robberies of two different victims who suffered separate and distinct harms B. holding that congress envisioned two separate petitions filed to review two separate final orders C. holding under garrison that officers should have known that building contained two separate apartments because officers prior to search noticed two separate voice boxes by front door and a letter indicating two apartments this information should have prompted further investigation D. holding unanimity requirement not violated when charge stated two separate counts with two separate and distinct offenses in each case E. holding that under the former rules congress envisioned two separate petitions filed to review two separate final orders

assistant: The best answer is C. holding under garrison that officers should have known that building contained two separate apartments because officers prior to search noticed two separate voice boxes by front door and a letter indicating two apartments this information should have prompted further investigation
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: because they would no longer be moot. There was no Open Meetings Act violation; DNR simply listened to public complaints about loose horses. Any information gathered by DNR as a result of those investigations was not conclusive on any issue in dispute before the hearing o hat agency directive to use certain standard in awarding contracts was not regulation when agency had repeatedly required that standard and when standard was consistent with existing regulation). 13 . See Messerli v. Department of Natural Resources, 768 P.2d 1112, 1117-18 (Alaska 1989) (concluding that policy manual was not regulation because definitibns in manual merely conditioned already existing right), overruled on other grounds by Olson v. State, Dep't of Natural Resources, 799 P.2d 289, 292-93 (Alaska 1990) (<HOLDING>). 14 . See Op. at 143-144. 15 . See Op. at 139. Options: A. holding that the standard of review under rule 60 is abuse of discretion B. holding that rational basis test used in messerli was incorrect and employing abuse of discretion standard of review for discretionary acts not requiring formal procedures to allow agencies latitude to act commensurate with their discretion C. holding failure to exercise discretion is abuse of discretion D. holding that the appropriate standard of review is abuse of discretion E. holding that the judge did not abuse his discretion but applied an incorrect standard

assistant: The best answer is B. holding that rational basis test used in messerli was incorrect and employing abuse of discretion standard of review for discretionary acts not requiring formal procedures to allow agencies latitude to act commensurate with their discretion
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 will, and will cause each Subsidiary to, comply with all laws, rules, regulations, orders, writs, judgments, injunctions, decrees or awards to which it may be subject (including ERISA and applicable Environmental Laws), except where the failure to so comply could not reasonably be expected to have a Material Adverse Effect. The Borrower will maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrower, its Subsidiaries and their respective directors, officers and employees and agents with all laws, rules and regulations (federal, state and local).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All prior or contemporaneous agreements, contracts, promises, representations, and statements, if any, among the Companies, or their representatives, are merged into this Agreement, and this Agreement shall constitute the entire understanding among the Companies with respect to the subject matter hereof.

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: the Court deems the § 523(a)(9) claim to have been tried by the consent of parties, and the Court will therefore consider whether this debt should be excepted from discharge under either §§ 523(a)(6) or (a)(9). Wood also cited § 523(a)(2) in her complaint, however, Wood has never argued this theory applied under these facts. The Court considers any claim by Wood under this Code section to have been abandoned by Wood. 8 . Assuming a picture can indeed be worth a thousand words, and to give additional context and flavor to this discussion, a photo of the subject truck, admitted in evidence in this action, is appended to this decision. 9 . In contrast, the Fifth Circuit has endorsed the use of an objective test. Miller v. J.D. Abrams Inc. (In re Miller), 156 F.3d 598, 603 (5th Cir.1998) (<HOLDING>) 10 . Recall, Jury Instruction No. 16 provides: Options: A. holding that there must be proof of both a willful act and malicious injury to establish nondischargeability under section 523a6 B. holding that the debtors knowing act of failing to obtain workers compensation insurance so that the employer owed an employee a debt after the employee suffered a workplace injury was not the sort of willful and malicious injury required for nondischargeability under 523a6 because it cannot not be said that the employer intended for the employee to suffer a fall or that there was an unbroken chain of events leading from the employers intentional act to the employees physical injury C. holding that either objective substantial certainty or subjective motive meets the supreme courts definition of willful injury in 523a6 D. holding that 523a6 requires the actor to intend the injury not just the act that leads to the injury E. holding that a mere deliberate or intentional act that causes injury is not sufficient to establish willfulness in the context of 11 usc 523a6

assistant: The best answer is C. holding that either objective substantial certainty or subjective motive meets the supreme courts definition of willful injury in 523a6
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: documents allow for the award of attorney fees. We also agree with the district court that Wells Fargo Bank was required to record the assignment before it initiated foreclosure proceedings against Houpts. I.C. § 45-1505 (“The trustee may foreclose a trust deed by advertisement and sale under this act if: (1) The trust deed, any assignments of the trust deed by the trustee or the beneficiary and any appointment of a successor trustee are recorded in mortgage records in the counties in which the property described in the deed is situated_”) (emphasis added). Here, Wells Fargo Bank was not the recorded beneficiary before September 4, 2012. Thus, when Wells Fargo Bank initiated the foreclosure in 2010 it had no right to do so. Roos v. Belcher, 79 Idaho 473, 479, 321 P.2d 210, 213 (1958) (<HOLDING>); see also Sec. Pac. Fin. Corp. v. Bishop, 109 Options: A. holding foreclosure of prior deed of trust extinguished subsequent easement B. holding that a beneficiary under a deed of trust was entitled to reformation of the grantors deed C. holding that when note and deed of trust were null and void and of no legal effect because of forgery assignee of note and deed of trust nevertheless had equitable lien upon property for value of construction work for which note and deed of trust were given D. holding that a failure to comply with the foreclosure statutes invalidates a foreclosure sale E. holding that the terms of the trust deed foreclosure statutes must be strictly complied with

assistant: The best answer is E. holding that the terms of the trust deed foreclosure statutes must be strictly complied with
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of procedure are concerned a party has no more right, in a criminal than in a civil action, to insist that his case shall be disposed of under the law in force when the act to be investigated is charged to have taken place.” Mallett v. North Carolina, 181 U.S. 589, 596-97, 21 S.Ct. 730, 733, 45 L.Ed. 1015 (1901) (citation omitted). Applying these ex post facto principles to this case, we hold that Pilcher has not demonstrated that the statute affected his substantive rights, and we further hold that it is not an ex post facto law as applied in this case. In so holding, we note that courts of other jurisdictions, when confronted with similar ex post facto arguments regarding rape shield statutes, have reached the same result. See Turley v. State, 356 So.2d 1238, 1243-44 (Ala.App.1978) (<HOLDING>); People v. Dorff, 77 Ill.App.3d 882, 885-86, Options: A. holding that application of the rape shield law to a case in which the underlying events occurred prior to the enactment of the rape shield law was not a violation of the constitutional prohibition against ex post facto laws B. holding ex post facto clause barred application of mvra to defendant whose criminal conduct occurred before the effective date of the statute C. holding that a rape shield statute was not ex post facto when it barred evidence of a prior sexual relationship that was admissible before enactment of the statute D. holding application of successor statute regarding registration of sexual predator was regulatory and not an ex post facto violation E. holding similar statutory amendment violated ex post facto clause when applied to inmate who committed his crime before enactment of amendment

assistant: The best answer is C. holding that a rape shield statute was not ex post facto when it barred evidence of a prior sexual relationship that was admissible before enactment of the statute
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 supersedes any previous understandings or agreements among the Parties, whether oral or written, with respect to their subject matter. This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and thereof. No understanding, representation, promise or agreement, whether oral or written, is intended to be or shall be included in or form part of this Agreement unless it is contained in a written amendment hereto or thereto and executed by the Parties hereto or thereto after the date of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: You agree that, during your employment and at any time thereafter, you shall not, in any communications with the press or other media or any customer, dealer, manufacturer, lender, client or supplier of SC, or any of its affiliated companies, criticize, ridicule or make any statement that disparages or is derogatory of SC or any of its affiliated companies or any of their respective directors or officers.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Lease binds any party who legally acquires any rights or interest in this Lease from Landlord or Tenant. However, Landlord shall have no obligation to Tenant’s successor unless the rights or interests of Tenant’s successor are acquired in accordance with the terms of this Lease. The laws of the state in which the Premises is located shall govern this Lease. Tenant represents it is a California corporation in good standing. Carmel River, LLC , represents it is a Delaware limited liability company in good standing, and authorized to do business in California. Carlsen Investments, LLC, represents it is a California limited liability company in good standing. Rieger Investments, LLC, represents it is a Delaware limited liability company in good standing, and authorized to do business in California.

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: Except as disclosed in Schedule 3.13 , or in the Company's SEC Reports, there are no pending material actions, suits or proceedings against or affecting the Company, or any of its properties; and to the Company's Knowledge, no such actions, suits or proceedings are threatened or contemplated against the Company.

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: (a) Each party hereto hereby irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of any New York State court or Federal court of the United States of America sitting in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement and the other Loan Documents to which it is a party, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York State court or, to the extent permitted by law, in such Federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement shall affect any right that the Agents or any other Secured Party may otherwise have to bring any action or proceeding relating to this Agreement or the other Loan Documents against any Guarantor or its properties in the courts of any jurisdiction.

assistant: Jurisdictions
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 Loan Party will, and will cause each Subsidiary to, maintain with financially sound and reputable carriers having a financial strength rating of at least A- by A.M. Best Company (a) insurance in such amounts (with no greater risk retention) and against such risks (including, without limitation: loss or damage by fire and loss in transit; theft, burglary, pilferage, larceny, embezzlement, and other criminal activities; business interruption; and general liability) and such other hazards, as is customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations and (b) all insurance required pursuant to the Collateral Documents. The Borrower will furnish to the Lenders, upon the reasonable request of the Administrative Agent, information in reasonable detail as to the insurance so maintained.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors and assigns, including, without the need for an express assignment or any consent by the Registration Rights Agreement Party and the Issuer thereto, subsequent Holders of Registrable Securities, and the indemnified persons referred to in Section 5 hereof; provided that nothing herein shall be deemed to permit any assignment of this Agreement, or transfer or other disposition of Registrable Securities to a person who is not both (a) a QIB and (b) a QP. The Registration Rights Agreement Party and the Issuer hereby agree to extend the benefits of this Agreement to any Holder, and any such Holder may specifically enforce the provisions of this Agreement as if an original party hereto.

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 legal provision and list the applicable contract clause categories. Provision: Any written notices provided for in this Agreement or the Plan shall be in writing and shall be deemed sufficiently given if either hand delivered or if sent by fax or overnight courier, or by postage paid first class mail. Notices sent by mail shall be deemed received three business days after mailing but in no event later than the date of actual receipt. Notices shall be directed, if to the Participant, at the Participant’s address indicated by the Company’s records, or if to the Company, to the attention of the Director, Corporate Compensation at the Company’s principal executive office.

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: In the event of a Change in Control of the Company occurring after the Date of Grant, any outstanding Options that are not then exercisable and vested shall become fully exercisable and vested immediately upon the occurrence of a Change in Control.

assistant: Change In Control
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 parties to this Agreement shall execute and deliver such additional documents, instruments, conveyances and assurances and take such further actions as may be reasonably required to carry out the provisions hereof and to give effect to the transactions contemplated hereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court intended to make such a broad holding, that issue would have been dispositive of the issue whether the county could collect the costs of extinguishing the fire. As already discussed, however, the court instead denied recovery because it concluded that the government was not the actual victim of the crime committed. State v. Evans, 181 Wis. 2d 978, 984, 512 N.W.2d 259, 261 (Ct. App. 1994), likewise provides no support for Howard-Hastings's position that a governmental entity cannot be a "victim." In Evans, the police sought reimbursement for lost "buy money," money used to purchase controlled substances in order to obtain a conviction. Id. at 979, 512 N.W.2d at 259. This court denied reimbursement, concluding that the police were not the 12 N.W.2d 259, 261 (Ct. App. 1994) Options: A. holding that the state police is a state agency B. holding that defendant could not be required to reimburse state for buy money in drug case because the state was not a victim C. holding that a state agency created under state law was a state actor D. holding a fiveyear old drug conviction is probative of a defendants state of mind in a drug conspiracy case E. holding that a state application for relief had not been properly filed because it was not accompanied by an oath as required by state law

assistant: The best answer is B. holding that defendant could not be required to reimburse state for buy money in drug case because the state was not a victim
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: 320 F.3d 723, 727 (7th Cir.2003). In Weems, evidence of drug dealing at the house where the defendant was arrested helped establish why the defendant carried a weapon to the residence: for protection in a location where there was unlawful activity occurring. 322 F.3d 18, 25 (1st Cir.2003). The majority does not cite and nor have we located any authority holding that in an ordinary drug deal prosecution a defendant’s prior possession is relevant to establishing his motive to commit the instant drug offense. That Joshua’s prior possession helps establish that he was a drug dealer is unhelpful: the fact Joshua dealt drugs in the past is relevant only to Joshua’s propensity to deal drugs but not to his motive to deal drugs. See United States v. Varoudakis, 233 F.3d 113, 118 (1st Cir.2000) (<HOLDING>) (internal quotation marks omitted). The reason Options: A. holding that rule 404b evidence is admissible in rebuttal B. holding that to admit evidence of prior bad acts under rule 404b ala r evid the state must demonstrate that the evidence was reasonably necessary to its case C. holding that a prior conviction may be a bad act for purposes of rule 404b if substantial evidence supports a finding that defendant committed both acts and the probative value is not limited solely to tending to establish the defendants propensity to commit a crime such as the crime charged D. holding for evidence to be admissible under rule 404b its relevance must not include bad character or propensity as a necessary link in the inferential chain E. holding that evidence of pri or poor work performance was inadmissible propensity evidence under rule 404b

assistant: The best answer is D. holding for evidence to be admissible under rule 404b its relevance must not include bad character or propensity as a necessary link in the inferential chain
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: individuals does not automatically imply, however that there exists a tort-like ‘personal injury’ for purposes of federal income tax law.” Burke, — U.S. at-, 112 S.Ct. at 1873. The Burke Court held that in order to determine whether damages are excluded by § 104(a)(2) that a court must examine “the remedial scheme established by the statute which gave rise to the award in question.” Maleszewski, 827 F.Supp. at 1557. In the present case, the court adopts the reasoning set forth by the district court in Maleszewski Damages awarded pursuant to a settlement under the ADEA are essentially awards for back pay and benefits. Liquidated damages are merely a means for punishing and deterring willful violators of the ADEA. See Lindsey v. American Cast Iron Pipe Co., 810 F.2d 1094 (11th Cir.1987) (<HOLDING>). The inclusion of a liquidated damages Options: A. holding that liquidated damages under the adea are intended to punish and deter B. recognizing that punitive damages should be awarded only in the most egregious cases and are not intended to compensate plaintiffs but to punish the wrongdoer and deter both the wrongdoer and others from future harmful conduct C. recognizing that liquidated damages under the flsa are compensation not a penalty or punishment D. holding that because liquidated damages under the adea are punitive in nature a jurys award of state punitive damages and adea liquidated damages constitutes a double recovery and therefore reducing the total recovery by the amount of the liquidated damages award E. holding that the legislative history under the act indicates that liquidated damages are intended to be punitive in nature

assistant: The best answer is A. holding that liquidated damages under the adea are intended to punish and deter
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 provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by the Executive and the Bank. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or any prior to subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not set forth expressly in this Agreement. [Upon execution hereof, this Agreement shall amend and restate in its entirety the Prior Agreement.] This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflicts of laws principles.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: doctrine is triggered when some event ‘so alters the position of the parties that any judgment rendered [merely becomes] a hypothetical opinion.’ ” Thruston v. Jefferson City Sch. Dist., 95 S.W.3d 131, 134 (Mo.App. W.D. 2003) (quoting State ex rel. Reed v. Reardon, 41 S.W.3d 470, 473 (Mo. banc 2001)). The Board’s declaratory judgment petition seeks a determination as to the legality of the measure Lee’s Summit sought to place on the ballot for the November 7, 2006 election. That issue was moot by the time the circuit court issued its judgment in October 2007, however, because the election had already occurred and the ordinance had been passed, based on the Election Board’s agreement to place the issue on the ballot. See, e.g., Armstrong v. Elmore, 990 S.W.2d 62, 64 (Mo.App. W.D.1999)(<HOLDING>). The parties’ factual stipulation recites that Options: A. holding that the case presented no justiciable controversy and that a review of the matter would render an improper advisory opinion B. holding that because the april 7 1998 municipal election was held a decision by this court on the issue of whether the county clerk was mandated to place a particular question proposed by citizen petition on the april 7 1998 ballot would therefore have no practical effect upon an existent controversy or grant relief to plaintiff and would merely be an advisory opinion C. recognizing that an advisory opinion is one that offers an opinion on a moot issue D. holding a case becomes moot when a ruling will have no practical effect upon the existing controversy E. holding that the supreme court will not issue advisory opinion on issue not before the court

assistant: The best answer is B. holding that because the april 7 1998 municipal election was held a decision by this court on the issue of whether the county clerk was mandated to place a particular question proposed by citizen petition on the april 7 1998 ballot would therefore have no practical effect upon an existent controversy or grant relief to plaintiff and would merely be an advisory opinion
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: Administrative Agent shall have received (a) all expenses payable pursuant to any Loan Document which have accrued to the applicable Credit Date and (b) all fees, amounts and expenses payable by the Obligors to Lenders, the Agents, and their respective counsel, advisors and other consultants that are then due and payable under the Loan Documents. Obligors shall have paid all fees, amounts and expenses required to be paid under the Material Underlying Financing Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall not be assignable by either party except that upon any sale or transfer of all or substantially all of its business by Employer, Employer may assign this Agreement to its successor; any failure to make such an assignment will be considered to constitute the termination of Manager’s employment without Cause effective upon the closing of the referenced transaction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: can issue a blocking order against any person within the United States or elsewhere. And, of course, OFAC does so without warning. There certainly is no “long history of judicial and public acceptance.” Camara, 387 U.S. at 537, 87 S.Ct. 1727. Relatedly, unlike in the school and probation cases, in which those persons who conduct the search or seizure also are entrusted with protecting the targeted person’s interests, OFAC is not at all tasked with protecting the interests of the blocked entities. On the other side of the scale, the government’s interest in preventing terrorism and the funding of terrorism is extremely high. But the sensitive subject matter is no excuse for the dispensing altogether with domestic persons’ constitutional rights. Cf. Hamdi 542 U.S. 507, 124 S.Ct. 2633 (<HOLDING>). Rather, the dispositive question here is Options: A. holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner B. holding there is no meaningful distinction between due course and due process C. recognizing that the essential requisites of procedural due process are notice and meaningful opportunity to be heard D. holding that due process required that a united states citizen being held as an enemy combatant be given a meaningful opportunity to contest his detention E. holding that procedural due process requires adequate notice and a meaningful opportunity to be heard

assistant: The best answer is D. holding that due process required that a united states citizen being held as an enemy combatant be given a meaningful opportunity to contest his detention
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 representations, warranties made herein and in any certificate delivered in connection herewith shall survive for a period of fifteen (15) months following the Closing Date, at which time they shall expire; provided, however, that (a) the representations and warranties set forth in Sections 3.1, 3.3, 3.4, 4.1, 4.3, and 4.19 of this Agreement (the “ Fundamental Representations ”) shall survive until the expiration of the applicable statute of limitations and (b) the representations and warranties in Section 4.6 of this Agreement shall survive until the expiration of the applicable statute of limitations. If written notice of a claim has been given prior to the expiration of the applicable representations and warranties, then notwithstanding any statement herein to the contrary, the relevant representations and warranties shall survive as to such claim, until such claim is finally resolved. Unless a specified period is set forth in this Agreement (in which event such specified period will control), all agreements and covenants contained in this Agreement will survive the Closing and remain in effect until thirty (30) days after the expiration of the applicable statutes of limitations. To avoid any doubt, the parties agree that the time limitations herein limit the time in which a claim may be brought even though such time limits may be less than those otherwise afforded under applicable statutes of limitations. In the event that a claim has been brought within such time periods, the running of such time prior to the final adjudication of such claim shall not time bar the continuation of such claim.

assistant: Survival
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: Following termination of employment for death, Executive’s estate shall be entitled to receive the Accrued Obligations as well a pro-rated annual discretionary bonus as awarded by Employer as well as any other compensation Executive’s estate or beneficiary(ies) are entitled to receive under Employer’s workmen’s compensation insurance program and (if any) other death benefits payable to Executive’s estate or beneficiary(ies) under Employer’s benefits plans according to their terms if Executive has elected to participate in any such plans, as they may be amended from time to time. Except as provided herein, Executive’s estate shall have no further rights to any other compensation or any other benefits under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: unconstitutional as violative of his right to equal protection. After careful consideration, for substantially the same reasons stated in the district court's March 13, 2003 order, we `conclude that the district court did' not err in holding that Mr. Latu suffered no prejudice from the defects in the notice. The defects were cor rected and Mr. Latu was given all the time he needed to meet the charges. We reject Mr. Latu’s argument that, because the initial notice was defective, the attorney general’s subsequent acts in effecting his removal were ultra vires. An official act does not become ultra vires if the officer was statutorily empowered to act but may have acted erroneously. See Wyoming v. United States, 279 F.3d 1214, 1229-30 (10th Cir.2002); cf. Noriega-Lopez, 335 F.3d at 883 (<HOLDING>). Mr. Latu received all the process he was due. Options: A. holding that the bia rule is reasonable B. holding that the ex post facto clause does not apply to deportation orders because deportation however severe its consequences has been consistently classified as a civil rather than a criminal procedure C. holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte D. holding that because congress did not specifically state that deportation terminates supervised release it remains intact even after an aliens deportation E. holding that bia acted ultra vires because statute did not give it authority to issue deportation orders

assistant: The best answer is E. holding that bia acted ultra vires because statute did not give it authority to issue deportation orders
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, the validity of the other provisions of this Agreement shall not be impaired. If any provision of this Agreement shall be deemed invalid as to its scope, then, notwithstanding such invalidity, such provision shall be valid to the fullest extent permitted by law, and the parties agree that, if any court or arbitrator makes such a determination, such court or arbitrator shall have the power to modify the duration, scope and/or area of such provision and/or to delete specific words and phrases by “blue penciling” and, in its reduced or blue penciled form, to enforce such provision to the fullest extent permitted by law.

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 legal provision and list the applicable contract clause categories. Provision: (a) Any and all payments by any Loan Party on account of any Obligation shall be made free and clear of and without deduction for any Indemnified Taxes or Other Taxes; provided that if any Indemnified Taxes or Other Taxes are required to be deducted and withheld from any amounts payable to the Administrative Agent, a Lender or an Issuing Bank as determined in good faith by the applicable withholding agent, then (i) the sum payable by the applicable Loan Party shall be increased as necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section) the Administrative Agent, a Lender or Issuing Bank (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made and (ii) such amounts shall be paid to the relevant Governmental Authority in accordance with applicable law.

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: HOA dues. The parties have stipulated that post-petition HOA dues in this case total $1,666.89. II. Analysis The HOA Declaration in this case is binding on the parties pursuant to Va. Code Ann. § 55-515(A). Than asserts that the post-petition HOA dues should be dischargeable in bankruptcy, while The Association claims that the dues are non-dischargeable debts. Both parties rely on the rationale of the court’s opinion in In re Rivera, 256 B.R. 828 (Bankr. M.D. Fla. 2000). In Rivera, the Bankruptcy Court for the Middle District of Florida held that HOA dues were not dischargeable when they accrued between the time a debtor filed for bankruptcy and when he ceased to be the owner of the lot in question. Id. at 830, 835-36; see also In re Rosenfeld, 23 F.3d 833, 835-36 (4th Cir. 1994) (<HOLDING>). The Rivera court noted that there are three Options: A. holding that the payments accrued B. holding that the district court had bankruptcy jurisdiction over a professional malpractice action filed by a title 11 debtor against the law firm that represented him in his bankruptcy case under section 1334b because the malpractice claim arose in the bankruptcy case C. holding that housing cooperative dues were not dischargeable when they accrued between the time a debtor filed for bankruptcy and when he gave up record title to the property in question D. holding that a bankruptcy debtor may claim the homestead exemption for real property transferred to a selfsettled revocable trust even though the settlor and the beneficiary as well as the bankruptcy debtor were the same person E. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code

assistant: The best answer is C. holding that housing cooperative dues were not dischargeable when they accrued between the time a debtor filed for bankruptcy and when he gave up record title to the property in question
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: Circuit disagreed with the trustee’s analysis in Kiwi because it ignored the special rights those creditors had under section 365. Id. at 321. Had the challenged payments not been made pre-petition, the Third Circuit reasoned, the creditors would have been entitled to receive those payments post-petition under section 365. Id. The Third Circuit reached the same conclusion with respect to a creditor who had been paid its pre-petition claim pursuant to section 1110 of the Bankruptcy Code. Kiwi 344 F.3d at 321 (citing Seidle v. GATX Leasing, 778 F.2d 659 (11th Cir.1985)). The Court finds the Kiwi and Seidle holdings persuasive in this case. Post-petition, the Court entered the Essential Suppliers Order. (D.I.32.) Pursuant to that Orde Lemmerz Int’l, Inc.), 313 B.R. 189, 193 (D.Del.2004) (<HOLDING>). However, the Court finds that Hayes Lem-merz Options: A. holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel B. holding that the most critical factor is the degree of success obtained C. holding that the critical vendor order was not a defense because it permitted rather than mandated payment of prepetition claims of critical vendors D. recognizing that the critical question is whether any present violation exists E. holding that the right to counsel applies in all critical stages of state and federal criminal proceedings

assistant: The best answer is C. holding that the critical vendor order was not a defense because it permitted rather than mandated payment of prepetition claims of critical vendors