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: Uninsured and Underin-sured Motorist Insurance 2d § 44.2 n. 2 (1995); see also Ky.Rev.Stat. Ann. § 304.39-320 (Lexis Supp.2000) S.D. Codified Laws § 58-11-9.5 (Lexis 2000). 25 . 223 N.J.Super. 174, 538 A2d 414 (App.Div. 1988). 26 . - Id. at 418 (emphasis added). 27 . Webster's Third New International Dictionary 796 (1966) (emphasis added). 28 . See supra note 19; see also Progressive Ins. Co. v. Simmons, 953 P.2d 510, 519 (Alaska 1998). 29 . See, eg., Farmers Ins. Exch. v. Hurley, 76 Cal.App.4th 797, 90 Cal.Rptr.2d 697, 701 (1999) (statutes may be inva (Iowa 1989) (declining to enforce a UIM exhaustion requirement which conditioned coverage on the injured insured's actual receipt of the full liability limits); Brown v. USAA Cas. Ins. Co., 17 Kan.App.2d 547, 840 P.2d 1203, 1205 (1992) (<HOLDING>); Schmidt v. Clothier, 338 NW2d 256, 261 Options: A. holding exhaustion requirement inapplicable when requiring exhaustion would be futile B. holding the statutory notification requirement unenforceable C. recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different D. holding exhaustion requirement void and unenforceable because not included in a statutory list of permissible exclusions E. holding that issue exhaustion is mandatory even if not a statutory jurisdictional requirement

assistant: The best answer is D. holding exhaustion requirement void and unenforceable because not included in a statutory list of permissible exclusions
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: federal Constitutional takings claims against Defendants but do not plead such claims at this time. However, [the Howeth parties] hereby expressly reserve the right to bring such ripened claims in a court of appropriate jurisdiction. (Emphasis added.) See Guetersloh v. State, 930 S.W.2d 284, 289-90 (Tex.App.Austin 1996, writ denied) (concluding that plaintiffs in state-court takings suits may reserve federal takings claims for later adjudication in federal court, so as to avoid res judicata’s application to federal takings claim in later federal suit, because takings plaintiffs are only involuntarily in state court in order “to ripen” federal takings claims). But see San Remo Hotel, L.P. v. City & County of S.F., Cal., 545 U.S. 323, 346, 125 S.Ct. 2491, 2506, 162 L.Ed.2d 315 (2005) (<HOLDING>); Hallco Tex., Inc. v. McMullen County, 221 Options: A. holding that a determination of whether the defendants actions constituted a taking under the louisiana constitution does not implicate any issues of federal law and thus does not provides a basis for a federal district court to exercise federal subject matter jurisdiction B. holding that collateral estoppel applies only where the antecedent judgment was a final judgment C. holding that the domesticrelations exception to federal diversity jurisdiction does not prevent federal courts from adjudicating a tort action when the plaintiffs do not contest the validity of the state custody decree because the tort issues were not entangled with issues that only state courts are competent to resolve D. holding that collateral estoppel applies to 1983 claims E. holding that reservation of federal asapplied takings claims that have issues that are not distinct from antecedent state issues does not defeat application of collateral estoppel in later federal suit

assistant: The best answer is E. holding that reservation of federal asapplied takings claims that have issues that are not distinct from antecedent state issues does not defeat application of collateral estoppel in later federal suit
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 Borrower and Parent represents and warrants to the Credit Parties that as of the date of this Amendment: (a) this Amendment has been duly authorized, executed, and delivered by each Loan Party; (b) no action of, or filing with, any Governmental Authority is required to authorize, or is otherwise required in connection with, the execution, delivery, and performance by any Loan Party of this Amendment, except for actions or filings which have been duly obtained, taken, given or made and are in full force and effect; (c) the Loan Documents, as amended by this Amendment, are valid and binding upon each Loan Party and are enforceable against each Loan Party in accordance with their respective terms, except as limited by Debtor Relief Laws and by general principles of equity; (d) the execution, delivery, and performance by each Loan Party of this Amendment do not (i) conflict with or result in any breach or contravention of, or the creation of any Lien under, or require any payment to be made under (A) any material Contractual Obligation to which such Loan Party is a party or affecting such Loan Party or the properties of such Loan Party or any of its Subsidiaries or (B) any material order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Loan Party or its property is subject; or (ii) violate in any material respect any Law; (e) all representations and warranties in the Loan Documents are true and correct in all material respects (without duplication of any materiality qualifiers therein), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (without duplication of any materiality qualifiers therein) as of such earlier date, and except that the representations and warranties contained in subsections (a) and (b) of Section 7.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b) , respectively, of Section 8.01 ; (f) no Default exists; and (g) no amendments have been made to the Organization Documents of (i) Borrower or Parent since September 30, 2016 or (ii) any Loan Party other than Borrower or Parent since June 30, 2016, except for any Subsidiary Guarantors that became Subsidiary Guarantors after June 30, 2016, in which case no amendments have been made to the Organization Documents of such Subsidiary Guarantors since the date such Subsidiary Guarantors became Subsidiary Guarantors.

assistant: Representations
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: production of otherwise discoverable information. b. Applying the Standard ¶ 32 We now turn to the application of this standard to the facts in this case. Applying the first factor, the strength of the relationship between the confidential information and the issue in dispute, we note that the discovery sought is strongly related to the core issue in the litigation: whether the disabilities at issue were caused by Defendants’ malpractice or by other sources. Christopher Cunniff, a medical doctor, submitted an affidavit stating that, “to a reasonable degree of medical probability,” Patrick’s “family history” was a “contributing factor to his alleged disabilities” and that “the characteristics exhibited in Patrick [ ] appear to be familial characteristi N.Y.S.2d 817 (N.Y.App.Div.1991) (<HOLDING>). ¶ 33 The second and third factors deal with Options: A. holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury B. holding that the burden is on the plaintiff C. holding academic records of siblings admissible based on expert affidavit stating that a possible connection existed between the neurological problems of the plaintiff and those of her siblings which would support a defense that the injuries sustained by the plaintiff have a genetic cause D. holding that the fair and adequate representation requirement was not satisfied because of litigation between plaintiff and defendant the antagonism between the parties and the lack of support plaintiff garnered in its claim E. recognizing the relationships between a decedent and his or her parents and siblings

assistant: The best answer is C. holding academic records of siblings admissible based on expert affidavit stating that a possible connection existed between the neurological problems of the plaintiff and those of her siblings which would support a defense that the injuries sustained by the plaintiff have a genetic cause
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: and feed herself. (Id.). Since leaving her position with Defendant, she has performed in jobs requiring her to move files and has assisted in moving a corporate division to another location. (Id. at 25, 28-29). The Eleventh Circuit has not squarely addressed whether an individual with a lifting restriction is disabled. See Reed v. Heil Co., 206 F.3d 1055, 1061 (11th Cir.2000). Most recently, the Court has stated that it “doubt[s] that a lifting limitation states a per se ADA disability.” Carr v. Publix Super Markets, Inc., 170 Fed.Appx. 57, 60 n. 3 (11 th Cir.2006). A number of the Circuit courts have held that lifting restrictions on the same scale as Plaintiffs restriction do not constitute an ADA disability. See Thompson v. Holy Family Hosp., 121 F.3d 537, 539-40 (9th Cir.1997) (<HOLDING>); Williams v. Channel Master Satellite Sys., Options: A. holding that restriction limiting continuous lifting of containers weighing fortyfour to fiftysix pounds does not substantially limit any major life activity B. holding that a lifting restriction of ten pounds did not constitute a physical impairment that substantially limited a major life activity C. holding as a matter of law that a permanent twentyfive pound lifting restriction does not constitute a significant restriction on ones ability to lift work or perform any other major life activity D. holding that a twentyfive pounds lifting restriction did not substantially limit any major life activities E. holding that a permanent lifting restriction of no more than twentyfive pounds on a continuous basis is not substantially limiting

assistant: The best answer is E. holding that a permanent lifting restriction of no more than twentyfive pounds on a continuous basis is not substantially limiting
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 relating to any matter of political, social, or other concern to the community.” Id. If it is, Meyers’s right to comment on those matters must “be balanced with [HHS’s] interest in ‘promoting the efficiency of the public services it performs through its employees.’ ” Sparr v. Ward, 306 F.3d 589, 594 (8th Cir.2002) (quoting Pickering v. Bd. of Educ. of Township High Sch. Dist. 205, 391 U.S. 563, 568, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968)). The magistrate judge found, and we agree, Meyers’s testimony to a court concerning the proper placement of the two foster brothers was a matter of public concern that outweighed the HHS’s interest in promoting efficiency and was therefore protected by the First Amendment. See Bowman v. Pulaski Co. Special Sch. Dist., 723 F.2d 640, 644 (8th Cir.1983) (<HOLDING>). For purposes of the motion for summary Options: A. holding that if the speech in question does not address a matter of public concern there is no first amendment violation B. holding care custody and control of children is a fundamental right C. holding that what constitutes cruel and unusual punishment is a question of law D. holding question of what constitutes proper care and education of children is area of public concern E. holding that the absence of a motivating desire to address a matter of public concern was not dispositive as to whether the speech addressed a matter of public concern

assistant: The best answer is D. holding question of what constitutes proper care and education of children is area of public concern
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: 350 U.S. 114 76 S.Ct. 188 100 L.Ed. 125 STATE OF ARIZONAv.STATE OF CALIFORNIA. No. 10, Original. Supreme Court of the United States Argued Dec. 8, 1955. December 12, 1955 Rehearing Denied Jan. 23, 1956. See 350 U.S. 955, 76 S.Ct. 340. See also 350 U.S. 880, 76 S.Ct. 133. Mr. Northcutt Ely, Washington, D.C., for State of California. Messrs. John P. Frank, Phoenix, Ariz., Ernest W. McFarland, Florence, Ariz., for State of Arizona. Mr. W. T. Mathews, Reno, Nev., for State of Nevada. Mr. Hatfield Chilson, Loveland, Colo., for State of Colorado et al. PER CURIAM. 1 The motion of California to join the States of Colorado and Wyoming as parties to this cause is denied. The motion to join Utah and New Mexico as parties is granted only to the extent of their interest in Lower Basin waters. 2 Mr. Justice FRANKFURTER, Mr. Justice BURTON, and Mr. Justice HARLAN would grant the motion. 3 THE CHIEF JUSTICE did not participate in this proceeding.

assistant: 11
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 constitutes the entire agreement among the parties relating to the matters contemplated hereby and supersede any other agreements, whether written or oral, that may have been made or entered into by or among any of the parties hereto or any of their respective Affiliates relating to the matters contemplated hereby. No representations, warranties, covenants, understandings, agreements, oral or otherwise, relating to the matters contemplated by this Agreement exist between the parties except as expressly set forth in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower agrees to reimburse the Administrative Agent for the Administrative Agent’s reasonable and documented out-of-pocket expenses in connection with this Amendment, including the reasonable fees, charges and disbursements of counsel for the Administrative Agent.

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 Executive hereby covenants and agrees that the Executive shall not, directly or indirectly, make or solicit or encourage others to make or solicit any disparaging remarks concerning any of the Company Entities, or any of its products, services, businesses or activities; provided that the foregoing restriction shall not prevent truthful testimony compelled by valid legal process.

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 Agreement shall remain in full force and effect unless and until the Support Agreement is terminated in accordance with its terms (except for a termination of the Support Agreement on account of the consummation of the Merger). In the event that the Merger Agreement is terminated in accordance with its terms, (i) this Agreement shall automatically and immediately terminate and be of no further force and effect, all without the need for any further action of the part of (or notice to) any person and (ii) there shall be no liability or obligation hereunder on the part of any Party or any of their respective affiliates, or any of their respective managers, directors, stockholders, members, partners, officers, employees, agents, consultants, accountants, attorneys, investment bankers, financial advisors, representatives, successors or assigns. Without limiting the immediately preceding sentence, if this Agreement is terminated then the Stockholders shall not be required to consummate the Specified Exchange. None of the representations or warranties made by any Party in Section 3 or Section 4 hereof, as applicable, shall survive the termination of this Agreement or the Effective Time.

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: the down payment, despite the fact that the conditions to splitting the lot were not yet satisfied. Plaintiffs refused, as was their right at that time. While the paving requirement was eventually removed by the board due to plaintiffs’ efforts, Hatt served notice of forfeiture on the plaintiffs before that requirement had been satisfied and before he presented the abstract to plaintiffs for inspection. From that point forward, Hatt refused to cooperate with plaintiffs in any way despite their repeated requests. In essence, Hatt breached the contract by anticipatory repudiation. By serving upon plaintiffs the notice of forfeiture, Hatt repudiated the contract. See Williams v. Clark, 417 N.W.2d 247, 250 (Iowa App.1987); accord Bitzes v. Sunset Oaks, Inc., 649 P.2d 66, 70 (Utah 1982) (<HOLDING>); Blue Lakes v. George Gowing, Inc., 464 So.2d Options: A. holding that the seller had no noncontractual duty to disclose water damage to armslength buyers of residential real estate B. holding that seller repudiated a real estate contract where it refused to honor a sale contract and returned buyers down payment after compliance with a city drainage easement added an unforeseen expense to formation of the lot to be sold C. holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made D. holding the real estate sale proceeds E. holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable

assistant: The best answer is B. holding that seller repudiated a real estate contract where it refused to honor a sale contract and returned buyers down payment after compliance with a city drainage easement added an unforeseen expense to formation of the lot to be sold
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation ( including non-contractual disputes or claims ) shall be governed by and construed in accordance with the law of england and wales .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we hold that Appellants had adequate notice of the acts required of them should they decide to continue operating prior to a final trial on the merits of the underlying lawsuit. Appellants also argue that the temporary injunction is void because it refers to the NRA Range Manual. As we noted above, the temporary injunction may not describe the activities to be enjoined merely by referencing the complaint or other documents. See Tex.R. Civ. P. 683. So long as the injunction reasonably describes the activities to be enjoined, it may refer to such items as laws or ordinances. See Maloy v. City of Lewisville, Tex., 848 S.W.2d 380, 385 (Tex.App.-Fort Worth 1993, no writ), disapproved of on other grounds, Schleuter v. City of Fort Worth, 947 S.W.2d 920 (Tex.App.-Fort Worth 1997, pet. denied) (<HOLDING>). As we have explained, the order here states Options: A. holding that the prosecutors indirect reference to a defendants prior conviction was improper B. holding that if property description is to be supplied by writing to which reference is made in deed reference must be adequate to identify writing C. holding that a single implicit reference to the email in which the complaint makes no explicit reference to nor does it quote at all from is insufficient to establish that the email was incorporated by reference into the complaint D. holding that reference to ordinance is not improper reference to an external document because injunction sufficiently describes the act sought to be enjoined and reference to the ordinance as stated in the injunction is merely to give further notice as to the enjoined conduct but the reference was unnecessary to give the appellants sufficient notice of that conduct E. holding that whether error is apparent is determined by reference to the law as of the time the appeal is decided

assistant: The best answer is D. holding that reference to ordinance is not improper reference to an external document because injunction sufficiently describes the act sought to be enjoined and reference to the ordinance as stated in the injunction is merely to give further notice as to the enjoined conduct but the reference was unnecessary to give the appellants sufficient notice of that conduct
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: Neither the Company nor any of its Affiliates is a party to any agreement, arrangement or understanding with any Person that would give rise to any valid right, interest or claim against or upon the Purchasers or the Company for any brokerage commission, finder’s fee or other similar compensation, as a result of the transactions contemplated by the Transaction Documents.

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 may not be orally amended, modified, extended or terminated, nor shall any oral waiver of any of its terms be effective. This Agreement may be amended, modified, extended or terminated, and the provisions hereof may be waived, only by an agreement in writing signed by the Company and each of the Demand Holders. Each such amendment, modification, extension or termination shall be binding upon each party hereto and each other Holder; provided that no such amendment, modification, extension or termination that disproportionately and adversely affects any party hereto shall be binding upon such party unless agreed to in writing by such party. In addition, each party hereto may waive any right hereunder by an instrument in writing signed by such party.

assistant: Amendments
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 extend to and be binding upon and inure to the benefit of the parties hereto, their respective heirs, representatives, successors, and assigns. This Agreement may not be assigned by Employee, but may be assigned by Company to any person or entity that succeeds to the ownership or operation of the business in which Employee is primarily employed by Company.

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: No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach or any covenant, duty, agreement or condition. Notwithstanding the foregoing, upon written request by the Operating Partnership, the Protected Partner, in its sole discretion, may waive the payment of any damages that is otherwise payable to such Protected Partner pursuant to Article II hereof. Such a waiver shall be effective only if obtained in writing from the affected Protected Partner.

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: The Company and the Holder each expressly acknowledges and agrees that (i) this Section 24 constitutes an agreement to arbitrate between the Company and the Holder (and constitutes an arbitration agreement) under § 7501, et seq. of the New York Civil Practice Law and Rules (“ CPLR ”) and that the Holder is authorized to apply for an order to compel arbitration pursuant to CPLR § 7503(a) in order to compel compliance with this Section 24, (ii) a dispute relating to a Conversion Price includes, without limitation, disputes as to whether an agreement, instrument, security or the like constitutes an Option or Convertible Security, (iii) the terms of this Note and each other applicable Transaction Document shall serve as the basis for the selected investment bank’s resolution of the applicable dispute, such investment bank shall be entitled (and is hereby expressly authorized) to make all findings, determinations and the like that such investment bank determines are required to be made by such investment bank in connection with its resolution of such dispute and in resolving such dispute such investment bank shall apply such findings, determinations and the like to the terms of this Note and any other applicable Transaction Documents, (iv) the Company and the Holder shall each have the right to submit any dispute described in this Section 24 to any state or federal court sitting in The City of New York, Borough of Manhattan in lieu of utilizing the procedures set forth in this Section 24 and (v) nothing in this Section 24 shall limit the Holder from obtaining any injunctive relief or other equitable remedies (including, without limitation, with respect to any matters described in this Section 24).

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: complaint and correctly concluded that McWeay’s pleading still failed to state a claim upon which relief could be granted. We summarily affirm the dis trict court’s dismissal of McWeay’s complaint based on the well-reasoned report and recommendation of the magistrate judge. V. McWeay argues that the district court’s dismissal order and order granting in part and denying in part her motion for relief from the judgment violate her constitutional rights to due process, equal protection, and a trial by jury. These contentions are meritless. The district court’s compliance with and reliance upon the Federal Rules of Civil Procedure does not violate McWeay’s or any litigant’s constitutional rights. See, e.g., Garvie v. City of Ft. Walton Beach, Fla., 366 F.3d 1186, 1190 (11th Cir.2004) (<HOLDING>). VI. For the foregoing reasons, we affirm the Options: A. holding that dismissal pursuant to federal rule of civil procedure 56 did not violate the seventh amendment B. holding that seventh amendment right to jury trial not violated by courts dismissal for failure to state a claim pursuant to rule 12b6 because as a matter of law complaint faded to present an issue for trial C. holding that the district of columbias antislapp law could not be applied in federal court in a diversity case because it conflicted with federal rules of civil procedure 12 and 56 D. holding that seventh amendment right to jury trial not violated by courts dismissal for lack of jurisdiction E. holding that directed verdict does not violate seventh amendment

assistant: The best answer is A. holding that dismissal pursuant to federal rule of civil procedure 56 did not violate the seventh amendment
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: at 565 (inquiry notice as a form of constructive notice). Inquiry notice follows from the duty of a purchaser, when he has actual or constructive knowledge of facts which would lead a prudent person to suspect that another person might have an interest in the property, to conduct a further investigation into the facts. The most common type of “inquiry notice” is present when some person other than the grant- or is in actual possession of the property. In that situation, the purchaser is charged with constructive knowledge of this possession; as a result, the purchaser is “on inquiry” to determine whether the possessor has some interest in the property. See 4 American Law of Property § 17.12; 5 Tiffany’s Real Property § 1287. See also McCannon v. Marston, 679 F.2d 13 (3d Cir.1982) (<HOLDING>); In re Probasco, 839 F.2d 1352 (9th Cir.1988) Options: A. holding that a bankruptcy appellate panel abuses its discretion by preventing a bankruptcy trustee from reopening a chapter 7 bankruptcy proceeding when reopening the case would potentially benefit creditors B. holding that the bankruptcy code endows the bankruptcy trustee with the exclusive right to sue on behalf of the estate C. holding that a chapter 7 trustee was the only person with authority to bring a cause of action after the appointment of a trustee D. holding a bankruptcy trustee to constructiveinquiry notice E. holding that bankruptcy discharge eliminates only a debtors personal liability and not the debt itself and that a bankruptcy trustee stands in the shoes of the debtor and can bring a legal malpractice claim as trustee

assistant: The best answer is D. holding a bankruptcy trustee to constructiveinquiry notice
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: Executive agrees that Executive will, at any future time, be available upon reasonable notice from the Company, with or without a subpoena, to be interviewed, review documents or things, give depositions, testify, or engage in other reasonable activities, with respect to matters and/or disputes concerning which Executive has or may have knowledge as a result of or in connection with Executive’s employment by the Company. In performing Executive’s obligations under this Section 9 to testify or otherwise provide information, Executive will honestly, truthfully, forthrightly, and completely provide the information requested. Executive will comply with this Agreement upon notice from the Company that the Company or its attorneys believe that Executive’s compliance will assist in the resolution of an investigation or the prosecution or defense of claims. Executive understands and agrees that the Company’s obligations under Section 4 of this Agreement are contingent upon Executive cooperating with the Company in investigations and litigation. From and after the Resignation Date, the Company agrees to pay Executive not less than $400 per hour or $2,500 per day if at least four hours of time are required for time spent by Executive in performing Executive’s obligations under this Section 9 and to reimburse Executive for all reasonable, out-of-pocket travel and other pre-approved expenses (including attorneys’ fees) incurred by Executive in connection with Executive performing his obligations under this Section 9; provided, however, that the investigation or claim does not involve any alleged wrongdoing by Executive. Notwithstanding any of the foregoing, any such request of the Executive to perform Executive’s obligations under this Section 9 will be reasonable and recognize that Executive is not a full-time or other employee with the Company and that Executive may be employed elsewhere or have other time commitments that may limit his ability to perform his obligations under this Section 9.

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: Subject to the terms of the NDA the Receiving Party hereby undertakes to the Disclosing Party: c) that it shall give access to the Confidential Information only,to those of its employees who need access to the Confidential Information for LOA purposes and will ensure that such employees adhere to the obligations and restrictions contained in the NDA;

assistant: Yes
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 Parent will, and will cause each of its Significant Subsidiaries to, (a) keep and maintain all property material to the conduct of its business in good working order and condition, ordinary wear and tear excepted, and (b) maintain self insurance reserves to the extent required by GAAP.

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 RSU Agreement , the Plan and the Notice constitute the entire agreement and understanding of the parties relating to the subject matter herein and supersede all prior discussions between them. Any prior agreements, commitments or negotiations concerning the purchase of the Shares hereunder are superseded. No modification of or amendment to this RSU Agreement , nor any waiver of any rights under this RSU Agreement , shall be effective unless in writing and signed by the parties to this RSU Agreement . The failure by either party to enforce any rights under this RSU Agreement shall not be construed as a waiver of any rights of such party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the essential functions of the position sought, and then whether Adkins could perform the essential functions with or without a reasonable accommodation. Essential Functions Generally, the determination of whether a given function is essential is a factual question for the jury and thus not suitable for resolution by summary judgment. See Hall v. U.S. Postal Serv., 857 F.2d 1073, 1078-79 (6th Cir.1988); see also Skerski v. Time Warner Cable Co., 257 F.3d 273, 283 (3d Cir.2001) (remanding for trial after summary judgment for employer because motions court incorrectly decided that rea sonable jurors could only find that working at heights is an essential element of the cable television installer technician position); Brickers v. Cleveland Bd. of Educ., 145 F.3d 846, 849 (6th Cir.1998) (<HOLDING>). In Hall, the U.S. Court of Appeals for the Options: A. recognizing the general rule that a rule 12f motion is decided on the pleadings but treating the motion as for summary judgment because the record had been developed by the parties as undisputed facts B. recognizing rule C. recognizing this as the general rule D. recognizing general rule but treating as legal question because ohio statute set out qualifications for position that were not met by applicant E. recognizing general rule

assistant: The best answer is D. recognizing general rule but treating as legal question because ohio statute set out qualifications for position that were not met by applicant
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: Executive recognizes and acknowledges that the knowledge of the business activities, plans for business activities, and all other proprietary information of the Bank, as it may exist from time to time, are valuable, special and unique assets of the business of the Bank. Executive will not, during or after the term of Executive's employment, disclose any knowledge of the past, present, planned or considered business activities or any other similar proprietary information of the Bank to any person, firm, corporation, or other entity for any reason or purpose whatsoever unless expressly authorized by the Board or required by law. Notwithstanding the foregoing, Executive may disclose any knowledge of banking, financial and/or economic principles, concepts or ideas which are not solely and exclusively derived from the business plans and activities of the Bank. Further, Executive may disclose information regarding the business activities of the Bank to any bank regulator having regulatory jurisdiction over the activities of the Bank pursuant to a formal regulatory request. In the event of a breach or threatened breach by Executive of the provisions of this Section, the Bank will be entitled to an injunction restraining Executive from disclosing, in whole or in part, the knowledge of the past, present, planned or considered business activities of the Bank or any other similar proprietary information, or from rendering any services to any person, firm, corporation, or other entity to whom such knowledge, in whole or in part, has been disclosed or is threatened to be disclosed. Nothing herein will be construed as prohibiting the Bank from pursuing any other remedies available to the Bank for such breach or threatened breach, including the recovery of damages from Executive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The “Collective Knowledge” Doctrine The collective knowledge doctrine allows a court, under certain circumstances, to consider the information known to all of the law enforcement officers involved in a criminal investigation when determining whether the officers had probable cause to arrest a suspect or search for and seize evidence. See, e.g., United States v. Shareef, 100 F.3d 1491, 1503-04 (10th Cir.1996). The doctrine is frequently applied when officers in the field make an arrest or conduct a search based upon orders previously issued by a supervising officer who possesses information sufficient to justify the search or seizure under the Fourth Amendment. Shareef, 100 F.3d at 1503 n. 4. See also United States v. Hensley, 469 U.S. 221, 231, 105 S.Ct. 675, 681, 83 L.Ed.2d 604 (1985) (<HOLDING>) (emphasis in original); United States v. Options: A. holding that arrest was unsupported by probable cause but granting qualified immunity to defendants who made the arrest in reliance on communications with other officers B. holding that whether an arrest is supported by probable cause turns upon whether at the moment of the arrest the facts and circumstances within the arresting officials knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense emphasis added C. holding that when a police communique has been issued on the basis of articulable facts supporting a reasonable suspicion any authorized officer may make an investigatory stop on the basis of that bulletin even though the officer making the stop is not aware of the underlying facts D. holding that when evidence is uncovered during a search incident to an arrest in reliance merely on a flyer or bulletin issued by another law enforcement agency its admissibility turns on whether the officers who issued the flier possessed probable cause to make the arrest it does not turn on whether those relying on the flyer were themselves aware of the specific facts which led their colleagues to seek their assistance E. holding on similar facts that when an investigation on the scene develops probable cause to arrest the third party resident of those premises for harboring the fugitive a warrantless search incident to the arrest may then be made

assistant: The best answer is D. holding that when evidence is uncovered during a search incident to an arrest in reliance merely on a flyer or bulletin issued by another law enforcement agency its admissibility turns on whether the officers who issued the flier possessed probable cause to make the arrest it does not turn on whether those relying on the flyer were themselves aware of the specific facts which led their colleagues to seek their assistance
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: justifying relief from the operation of the judgment. Mr. Looper asserts that the failure to file a timely answer was due to “excusable neglect” as that term is used in the rule. As discussed more fully earlier in this opinion, motions to set aside default judgments are addressed to the trial court’s discretion, and we will not reverse absent an abuse of discretion. See Nelson, 826 S.W.2d at 485; see also Patterson, 665 S.W.2d at 100. Tennessee courts generally hold that an attorney’s negligence, without more, does not constitute excusable neglect. See Terminix Int’l Co., L.P. v. Tapley, No. 02A01-9701-CH-00028, 1997 WL 437222 at * 3 (Tenn.Ct.App. Aug.4, 1997) (no Tenn. R.App. P. 11 filed); see also Barber & McMurry, Inc. v. Top-Flite Dev. Corp., 720 S.W.2d 469, 471 (Tenn.Ct.App.1986) (<HOLDING>); Munday v. Brown, 617 S.W.2d 897, 900 Options: A. holding that a default judgment was not void because the bankruptcy court that entered the judgment had proper jurisdiction over the party seeking relief B. holding that party obtaining a default judgment is only entitled to the relief prayed for in complaint C. holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact D. holding that a motion to dismiss or for summary judgment precluded default judgment E. holding that an attorneys preoccupation with other business is not grounds for relief from a default judgment

assistant: The best answer is E. holding that an attorneys preoccupation with other business is not grounds for relief from a default 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: not credit. Id. at 1268. Smith’s lawyer failed to investigate or present any mitigating evidence,. despite the availability of evidence that Smith had an antisocial personality disorder, a bad drug history, and some close family relationships. Id. at 1269. Although this court recognized that these mitigating factors were often treated on appeal as insufficient to justify mitigation, the court could think of no tactical reason for counsels’ deficient closing contributed to the cumulative prejudice caused by the other errors at sentencing. Under prevailing case law, individual deficiencies in representation which may not by themselves meet the Strickland standard may, when considered cumulatively, constitute sufficient prejudice to justify issuing the writ. See Harris, 64 F.3d at 1438-39 (<HOLDING>); Mak v. Blodgett, 970 F.2d 614, 622 (9th Options: A. holding that a defendant alleging ineffective assistance must demonstrate that their counsels performance both fell below an objective standard of reasonableness and prejudiced the defense B. recognizing that defendant must show 1 that counsels performance was deficient and 2 that counsels errors prejudiced the defense C. holding that the cumulative impact of multiple deficiencies in defense counsels performance prejudiced the defendant in a capital trial D. holding pcr was properly denied where the applicant did not prove he was prejudiced by trial counsels deficient performance in failing to preserve an issue at trial E. recognizing that in order to prevail on a claim of ineffective assistance of counsel a movant must show that he was prejudiced by his counsels performance

assistant: The best answer is C. holding that the cumulative impact of multiple deficiencies in defense counsels performance prejudiced the defendant in a capital trial
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 Sellers has all requisite private limited liability company power and private limited liability company authority to execute and deliver this Agreement and the Seller Ancillary Documents, to perform its obligations hereunder and thereunder and to consummate the transactions contemplated hereby and thereby. The execution, delivery and performance of this Agreement by each of the Sellers, and of the Seller Ancillary Documents by each of the Sellers party thereto, and the consummation of the transactions contemplated hereby and thereby, have been duly authorized by all necessary private limited liability company action on the part of each Seller, as the case may be, and no other action on the part of either of the Sellers or their respective equity holders is required to authorize the execution, delivery and performance hereof and thereof by either of the Sellers, and the consummation of the transactions contemplated hereby and thereby. Except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other Laws of general application affecting enforcement of creditors’ rights or by principles of equity (regardless of whether enforcement is sought in a proceeding at law or in equity), (a) this Agreement has been duly executed and delivered by each of the Sellers and, assuming that this Agreement has been duly authorized, executed and delivered by the Buyers and the Company, constitutes the valid and binding obligation of each of the Sellers, enforceable against each of the Sellers in accordance with its terms, and (b) as of the Closing Date, the Seller Ancillary Documents shall be duly executed and delivered by each of the Sellers party thereto and, assuming that such Seller Ancillary Documents have been duly authorized, executed and delivered by the other parties thereto, shall constitute the valid and binding obligations of each of the Sellers party thereto, enforceable against each of the Sellers party thereto in accordance with their terms.

assistant: Authorizations