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: stressed, as to a claim involving a private right. Granfinanciera, 492 U.S. at 54-55, 109 S.Ct. at 2797. In the present case, as in Granfinanciera, the action to recover a preference seeks only legal relief, in the form of money damages. Further, Growers Packing has not filed a claim against the bankruptcy estate. In addition, the claim does not appear to involve a public right, but rather stems from an underlying breach of contract dispute involving a private right. Accordingly, the Court concludes that the Seventh Amendment guarantees the right to a jury trial on this claim, even though a proceeding to recover a preference is deemed “core” under the Bankruptcy Code. See also Friedman v. Gold Advice, Inc. (In re Fort Lauderdale Hotel Partners, Ltd.), 103 B.R. 335 (Bankr.S.D.Fla.1989) (<HOLDING>). Cf. In re Sunco, Inc., 113 B.R. 764 Options: A. holding that declaratory judgment requiring party to pay a specific sum of money is properly characterized as a money judgment B. holding that preferential transfer claim was not entitled to jury trial but without any discussion of nature of relief sought or whether a claim against the bankruptcy estate had been filed C. holding preference claim legal in nature where relief sought was for a definite sum of money D. holding that where plaintiff sought only equitable relief up through the end of trial and only added claim for legal relief posttrial defendant was entitled to demand jury once legal claim was asserted E. holding that the eleventh amendment applies regardless of the nature of the relief sought

assistant: The best answer is C. holding preference claim legal in nature where relief sought was for a definite sum of money
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 and each other Loan Party irrevocably and unconditionally agrees that it shall not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against the Administrative Agent, any Lender or any Related Party of the foregoing in any way relating to this Agreement or any other Loan Document or the transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County, and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and each of the Parties irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by Applicable Law, in such federal court. Each of the Parties agrees that a final judgment in any such action, litigation or proceeding is 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 or in any other Loan Document affects any right that the Administrative Agent or any Lender may otherwise have to bring any action or proceeding relating to this Agreement or any other Loan Document against the Borrower or any other Loan Party 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 case excerpt and choose the best holding from the options. Case excerpt: was a party to the state-court judgment, issue preclusion and claim preclusion could apply as well. See 28 U.S.C. § 1738. Just because a claim might survive the probate exception does not mean that it will be heard in federal court or, if it is heard, that the plaintiff will get what it wants. Ultimately, the Court will deny Sandra’s motion because there is no state-court proceeding with which to interfere. But even if there were, all but one of Blair’s claims would still be safe from the probate exception for other reasons. First, breach of fiduciary duty and fraud claims like Blair’s are- routinely held to fall outside the probate exception-even when probate litigation is ongoing in state court — because they are in personam, as opposed to in rem, claims. Jones, 465 F.3d at 307-08 (<HOLDING>); Downey v. Keltz, 2012 WL 280716, *3 (N.D.Ill. Options: A. holding that texass probate statute does not affect whether the probate exception to federal jurisdiction applies to a case B. holding that breach of fiduciary duty claim was preempted by fehba C. holding that probate exception does not apply where plaintiffs assert claims for breach of fiduciary duty seek in personam jurisdiction over defendants and do not seek to probate or annul a will D. holding that a suit for compensatory and punitive damages against various probate judges for conspiracy to deprive the plaintiff of property during the probate proceedings was not barred by the probate exception or rookerfeldman abstention doctrine E. holding that breach of fiduciary claim falls outside probate exception

assistant: The best answer is E. holding that breach of fiduciary claim falls outside probate exception
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: To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower shall hand deliver (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the Issuing Bank which is being requested to issue (or issued, in the case of an amendment, renewal or extension) the Letter of Credit and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by such Issuing Bank, the Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the amount of the LC Exposure of such Issuing Bank shall not exceed the Individual Issuing Bank Sublimit and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving Commitments, excluding the Revolving Credit Exposure and Revolving Commitment of any Lender that is not participating by operation of Section 2.21 . The Borrower shall pay any customary documentary and processing charges payable to the applicable Issuing Bank in accordance with such Issuing Bank’s standard schedule for such charges with respect to the issuance, amendment, cancellation, negotiation or transfer of each Letter of Credit and each drawing made thereunder.

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: At any time and from time to time, upon the reasonable request of a Party hereto, each other Party hereto shall promptly execute and deliver all such further agreements, documents, and instruments and take such further action as may be necessary or appropriate to carry out the provisions and purposes of this Agreement or any other agreement executed in connection herewith.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) This Guaranty and all covenants made by the Guarantors under the Loan Documents shall, subject to the terms of Section 2 hereof, continue in effect for so long as any Guaranteed Obligation remains outstanding or any Letters of Credit remain outstanding (unless cash collateralized in a manner satisfactory to the applicable Issuing Lender in its sole discretion) or any Lender has any obligation to make any Loan or issue any Letters of Credit and until all of the obligations (other than contingent obligations for indemnification, expense reimbursement, tax gross-up or yield protection as to which no claim has been made) of Guarantors to Guaranteed Parties under this Guaranty are fully and finally performed and discharged in accordance with their terms (and without regard to any extension, reduction or other alteration thereof in any proceeding under the Bankruptcy Code, any other Insolvency Law or any other proceeding described in Section 12.1(g), (h) or (i) of the Credit Agreement); provided, that, notwithstanding the foregoing, the provisions of Section 2 shall survive and continue following any such discharge or termination.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Company and the Purchaser will bear its own costs and expenses incurred in connection with the preparation, execution and performance of this Agreement and the consummation of the transactions contemplated hereby, including all fees and expenses of agents, representatives, financial advisors, legal counsel and accountants. The Company shall be responsible for the fees of its transfer agent; stamp taxes and all of The Depository Trust Company’s fees associated with the issuance of the Securities and the securities issuable upon conversion or exercise of the Forward Purchase Securities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ORDER Defendant appeals a conviction for crimes relating to possession of crack cocaine and of a firearm. We assume the parties’ familiarity with the facts of the case, its procedural history, and the scope of the issues on appeal. I. Admission of a Tape Recorded Prison Telephone Conversation Defendant argues that admission of a recorded telephone conversation between himself and an unknown speaker, not available in court, violated his constitutional confrontation right. Because of the strength of the other evidence against Defendant, any conceivable error in admitting the recorded telephone conversation was harmless. See United States v. Vitale, 459 F.3d 190, 195 (2d Cir.2006) (<HOLDING>); United States v. Colombo, 909 F.2d 711, 714 Options: A. holding that confrontation clause issues are subject to harmless error analysis B. holding that a confrontation clause violation constituted harmless error C. holding evidentiary rulings are subject to harmless error analysis D. holding trial errors are subject to a harmless error analysis E. holding that confrontation clause violations are subject to harmless error review

assistant: The best answer is A. holding that confrontation clause issues are subject to harmless error analysis
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 Transferor hereby represents and warrants that (a) the Subject Transfer has been approved by the Requisite Commitment Parties; (b) the Transferee is not a Portfolio Company of the Transferor or the Transferor’s Affiliates; and (c) the Subject Transfer does not violate any of the provisions contained in Section 2.6(e) of the Agreement.

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 legal provision and list the applicable contract clause categories. Provision: If Executive does not execute this Release on or before April 15, 2016 at 5 p.m. PST, but in no event before the Separation Date, or revokes this Release before it becomes irrevocable, the Separation Agreement will be terminated and rendered null and void. For the avoidance of doubt, Executive shall not be entitled to: (A) any of the Separation Benefits provided for in Section 3(a) of the Separation Agreement if Executive resigns from his employment with the Company for any reason before the Separation Date, (B) any COBRA payments or benefits described in Section 3(a)(ii) of the Separation Agreement in the event that Executive receives health and welfare coverage from another employer during the Transition Period, (C) any payments, benefits or accelerated vesting under Executive’s Change of Control Agreement, dated January 19, 2010 (the “ CIC Agreement ”) or (D) any portion of Executive’s fiscal year 2017 bonus.

assistant: Benefits
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 may deduct and withhold from any amounts payable hereunder such federal, state, local, non-U.S., or other taxes as are required to be withheld pursuant to any applicable law or regulation.

assistant: Withholdings
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: a defect in his administrative proceedings that deprived him of judicial review. See ante at 95 - 96. I cannot, however, join in their conclusion that such a deprivation of judicial review was practically effected by IJ and BIA errors in telling Lopez that he was ineligible for discretionary relief from deportation under former INA § 212(c), see 8 U.S.C. § 1182(c). See ante at 96-100. To the extent the majority reads United States v. Copeland, 376 F.3d 61 (2d Cir.2004), to compel this conclusion, I must respectfully dissent. In Copeland, this court reiterated that “[t]he availability of habeas review is sometimes deemed to constitute an opportunity for judicial review.” United States v. Copeland, 376 F.3d at 68 (citing United States v. Gonzalez-Roque, 301 F.3d 39, 49-50 (2d Cir.2002) (<HOLDING>)). At the same time, however, the court Options: A. holding alien not denied judicial review because habeas was available B. holding that there was adequate opportunity when state court judicial review of an administrative proceeding was available C. holding that habeas proceedings do not embrace review of the exercise of discretion in criminal alien cases D. holding that a texas prisoner who had not exhausted his clearly available administrative remedies was properly denied habeas relief in the district court E. holding that habeas review is for any alien held in custody pursuant to an order of deportation

assistant: The best answer is A. holding alien not denied judicial review because habeas was available
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than as disclosed in Schedule 4.08A , as of the Effective Date and the date of delivery of updated schedules under Section 6.08 , there is no litigation, claim, demand, proceeding or governmental investigation pending or threatened in writing, or any order, injunction or decree outstanding, against or relating to the Seller or with respect to any Servicing Agreement (to the extent related to the applicable Servicing Rights) that could reasonably be expected to have a Material Adverse Effect. As of the Effective Date and the date of delivery of updated schedules under Section 6.08 , other than as disclosed in Schedule 4.08B , no governmental agency, Investor, Insurer, trustee, master servicer or any other party to a Servicing Agreement has provided written notice to the Seller claiming or stating that the Seller has violated, breached or not complied with any Applicable Requirements in connection with the Servicing Rights applicable to the related Mortgage Loans which has not been resolved by the Seller that in each case could reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The holding of any provision of this Agreement to be invalid or unenforceable by a court of competent jurisdiction shall not affect any other provision of this Agreement, which shall remain in full force and effect. If any provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced in whole or in part, such provision shall be interpreted so as to remain enforceable to the maximum extent permissible consistent with applicable law and the remaining conditions and provisions or portions thereof shall nevertheless remain in full force and effect and enforceable to the extent they are valid, legal and enforceable, and no provisions shall be deemed dependent upon any other covenant or provision unless so expressed herein.

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: Except as otherwise provided in any Employment Agreement (as defined in Section 14 hereof) or determined by the Committee in its sole discretion or provided in Section 2, 3, 4 or 5 hereof, the RSUs shall vest in three approximately equal installments on each anniversary of the Award Date (each, a “ Vesting Date ”) provided that you are continuously employed by the Company through each such Vesting Date.

assistant: Vesting
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: (emphasis added). Rety stands only for the proposition that self-serving testimony of the defendant as to his or her net worth can be properly disregarded by a fact-finder when that testimony contradicts other evidence or can be considered implausible in light of the available evidence. Rety does not stand for the proposition that uncontradicted testimony as to net worth may be disregarded merely due to the failure of an affiant to attach financial documents confirming his or her testimony. When an affiant testifies as to his or her personal knowledge of facts, Alabama law generally does not require that witness to attach documents that further prove the same information in order for the affidavit testimony to be given probative value. See Johnson v. Layton, 72 So.3d 1195 (Ala.2011) (<HOLDING>). Obviously, the probative value of that Options: A. holding that affidavit of merit is not required in common knowledge cases B. holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit C. holding that ocga 91191 does not allow a plaintiff suing for medical malpractice to cure a failure to attach an expert affidavit through amendment D. holding that physician testifying as to personal knowledge of medical treatment was not required to attach medical chart to affidavit in order to verify the affidavit testimony E. holding that the affidavit in question did not satisfy the burden of the party moving for summary judgment where affiants eonclusory statement failed to indicate personal knowledge of the circumstances in question and personal knowledge could not be reasonably inferred from the contents of the affidavit

assistant: The best answer is D. holding that physician testifying as to personal knowledge of medical treatment was not required to attach medical chart to affidavit in order to verify the affidavit testimony
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 Performance Shares (including without limitation any right to accumulated Dividend Equivalents described in Section 5 hereof) shall be forfeited automatically without further action or notice if (a) Grantee ceases to be employed by the Corporation or a Subsidiary prior to the last day of the Performance Period other than as provided in Section 2(b), or (b) the Committee or its delegate, in its sole discretion, determines that Grantee is in violation of any obligation identified in Section 6. Grantee acknowledges and agrees that payments made under this Agreement are subject to the Corporation's requirement that the Grantee reimburse the portion of any payment where such portion of the payment was (i) inadvertently paid based on an incorrect calculation, or (ii) predicated upon the achievement of financial results that are subsequently the subject of a restatement caused or partially caused by Grantee's fraud or misconduct.

assistant: Forfeitures
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 delay or failure of the Bank to exercise any right, power, or privilege hereunder shall affect such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof, nor the exercise of any other right, power or privilege. The rights of the Bank hereunder are cumulative and are not exclusive of any rights or remedies that the Bank would otherwise have except as modified herein. No amendment, modification, supplement, termination, consent, or waiver of or to any provision of this Agreement, or any of the Loan Documents, nor any consent to any departure therefrom, shall in any event be effective unless the same shall be in writing and signed by or on behalf of the Bank.

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

user: 3.2 Notwithstanding Clause [3.1(a)], the Recipient may disclose the Confidential Information to its [officers, employees, professional advisers, insurers, agents and sub-contractors] [who have a need to have access to the Confidential Information for the performance of their work with respect to the Permitted Purpose and] who are bound by a written agreement or professional obligation to protect the confidentiality of the Confidential Information.

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: This Agreement may be executed in one or more counterparts, including by means of facsimile or other electronic transmission, each of which shall be an original and all of which shall together constitute one and the same document. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall give prompt notice to Lender of any litigation or governmental proceedings pending or threatened in writing against any Individual Property, Borrower, Manager (but only as it relates to any Individual Property and only if Borrower has received notice of any such litigation or governmental proceedings) or any SPC Party which might materially adversely affect such Individual Property or Borrower’s, Manager’s or such SPC Party’s condition financial or otherwise or business (including Borrower’s ability to perform its Obligations hereunder or under the other Loan Documents but, in the case of Manager’s condition or business, only to the extent Borrower has a reasonable belief that such litigation or proceeding might materially adversely affect Manager’s condition or business).

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 case excerpt and choose the best holding from the options. Case excerpt: the late arraignment or from any defect in the arraignment colloquy itself. Therefore, he has shown no violation of Idaho Criminal Rule 10 and no deprivation of due process in the arraignment that was conducted. Herrera also asserts that the district court erred by allowing the late filing of the amended information. His appellate argument implies that until the day of trial, he was entirely unaware that the amended information containing a persistent violator al legation had been filed by the prosecutor without leave of court. In the proceedings below, defense counsel never expressly said that he had not informed Herrera of the sentence enhancement allegation in the amended information that had been improperly filed months earlier. Herrera neverthel P.3d 397, 399-400 (Ct.App.2008) (<HOLDING>). Herrera has shown no trial prejudice Options: A. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand B. holding that the state courts determination that the petitioner could not show prejudice because he did not allege that the witness was available to testify was a reasonable application of federal law to the facts of the case C. holding that the governments late disclosure of a statement by a government witness did not require reversal under the jencks act where the defendants were allowed a second chance to crossexamine the witness D. holding that reversal for late disclosure of a states witness requires trial prejudice and defendants claim that he turned down an attractive plea offer because he thought the state could not prove its case without the witness does not demonstrate prejudice E. holding that prejudice existed when an attorney was both the trial counsel and a necessary witness

assistant: The best answer is D. holding that reversal for late disclosure of a states witness requires trial prejudice and defendants claim that he turned down an attractive plea offer because he thought the state could not prove its case without the witness does not demonstrate prejudice
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 the Closing, the Parties shall each (i) take all further action as may be required or reasonably requested by the Collateral Agent pursuant to the FPS LLC Pledge Agreement in connection with the transfer of the Class A Units of FPS LLC pursuant to this Agreement and (ii) 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 give effect to the transactions contemplated by this Agreement.

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: in cases decided under the Bankruptcy Code. See, e.g., In re Meyers, 616 F.3d 626, 628 (7th Cir. 2010) (characterizing the Segal standard as a "background rule under the old Bankruptcy Act, to which courts still refer in the era of the Bankruptcy Code”); Andrews, 80 F.3d at 910-11 (applying the Segal standard to determine whether post-petition payments under a pre-petition non-compete agreement were property of the debtor’s estate); Ryerson, 739 F.2d at 1423 (concluding the Bankruptcy Code "follows Segal insofar as it includes after-acquired property 'sufficiently rooted in the prebankruptcy past’ but eliminates the requirement that it not be entangled with the debtor’s ability to make a fresh start”). But see Burgess v. Sikes (In re Burgess), 438 F.3d 493, 498 (5th Cir.2006) (en banc) (<HOLDING>). 13 . Although the parties frame the issue as Options: A. holding that the eleventh amendment does not bar a bankruptcy court from issuing a money judgment against a state under the bankruptcy code B. 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 C. holding that the question of whether an interest is a claim for bankruptcy purposes is to be resolved by reference to the text history and purpose of the bankruptcy code D. holding although congress has specifically approved of segals result segals sufficiently rooted test did not survive the enactment of the bankruptcy code footnote omitted E. holding that the bankruptcy code endows the bankruptcy trustee with the exclusive right to sue on behalf of the estate

assistant: The best answer is D. holding although congress has specifically approved of segals result segals sufficiently rooted test did not survive the enactment of the bankruptcy code footnote omitted
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: lied at trial and the prosecutor told them what to say. Hartley’s argument here is based on Johnson’s testimony at the evidentiary hearing. This issue is procedurally barred. To the extent Hartley’s postconviction motion raised a Giglio claim, he did not amend it with a sworn and legally sufficient claim. To the extent this is a newly discovered evidence claim, Hartley similarly did not amend his postconviction motion to raise it. Further, the circuit court’s order denying relief did not even mention Johnson’s testimony or this claim, and Hartley did not identify this issue in his motion for rehearing. Thus, the court was never presented with and never ruled on the claim argued here. As a result, the claim is not cognizable on appeal. See Cave v. State, 899 So.2d 1042, 1052 (Fla.2005) (<HOLDING>). Even if the claim was preserved, it fails on Options: A. holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly filed B. holding that an issue not presented to the trial court will not be considered on appeal C. holding that because defendant did not raise a newly discovered evidence claim or amend his postconviction motion after the evidentiary hearing the issue was not timely presented to the trial court and was not cognizable on appeal D. holding that the defendants evidence did not qualify as newly discovered evidence E. holding that a party may not raise a claim on appeal that was not presented to the trial court

assistant: The best answer is C. holding that because defendant did not raise a newly discovered evidence claim or amend his postconviction motion after the evidentiary hearing the issue was not timely presented to the trial court and was not cognizable on appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subscriptions will be accepted by the Company in its sole discretion until the Termination Date. Upon the Company’s execution of this Agreement, the subscription evidenced hereby, if not previously rejected by the Company, will, in reliance upon Purchaser’s representations and warranties contained herein, be accepted, in whole or in part, by the Company. If Purchaser’s subscription is accepted only in part, this Agreement will be marked to indicate such fact, and the Company will return to Purchaser the portion of the funds tendered by Purchaser representing the unaccepted portion of Purchaser’s subscription, without interest or deduction of any kind. Upon acceptance of this Agreement, in whole or in part, by the Company, the Company will issue the certificates for the Sharers and the Warrants to Purchaser.

assistant: Closings
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: electrocuted on February 18, 1999 while installing an industrial fuse in high-voltage electrical switching gear designed and manufactured by the defendant, ABB Power T & D Company, Inc. At the time of the accident, Zuzula worked for a power plant, Midland Cogeneration Venture (“MCV”), which owned and maintained the electrical switching gear. The Court has reviewed the reports submitted by the respective witnesses pursuant to Federal Rule of Civil Procedure 26(a)(2) together with their depositions, and has heard the arguments of the parties through their respective counsel in open court on October 23, 2002. The Court finds that the parties have submitted sufficient information to permit the Court to adjudicate the motions. See Greenwell v. Boativright, 184 F.3d 492, 498 (6th Cir.1999) (<HOLDING>). The Court concludes that the parties each Options: A. holding that under daubert and state law principles the trial court is mandated to order a pretrial or status conference to discuss and simplify any daubert issues or if those issues are still not resolved to hold a pretrial daubert hearing B. holding that the district court need not conduct a separate evidentiary hearing to adjudicate a socalled daubert motion C. holding that because rule 403 and daubert act independently reviewing court need not consider trial courts application of daubert if evidence was properly excluded under rule 403 D. holding that the trial court did not need to conduct an evidentiary hearing when the dispute could be resolved as a matter of law E. holding after remand that where the opposing party thus raises a material dispute as to the admissibility of expert scientific evidence the district court must hold an in limine hearing a socalled daubert hearing to consider the conflicting evidence

assistant: The best answer is B. holding that the district court need not conduct a separate evidentiary hearing to adjudicate a socalled daubert motion
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: when delivering its charge on that offense. That instruction included the elements that defendant possessed a firearm and intended to use it to “endanger or threaten the life of [the victim].” However, in its charge on conspiracy to commit robbery with a dangerous weapon, the trial court correctly instructed that robbery with a dangerous weapon is the taking of property from a person “while using a firearm,” but erroneously omitted the element that the weapon must have been used to endanger or threaten the life of the victim. The State concedes that the instruction was erroneous because the trial court should have set out all the elements of robbery with a dangerous weapon in that portion of the charge, according to State v. Gibbons, 303 N.C. 484, 489, 279 S.E.2d 574, 577-78 (1981) (<HOLDING>). The trial court repeated the erroneous Options: A. holding that possession of a weapon is not in an of itself a crime B. holding evidence insufficient to support conviction of attempted possession of a prohibited weapon C. holding that assault with dangerous weapon is general intent crime and that it is only necessary to prove that defendant did act of injuring another with dangerous instrument in intentional manner D. holding that mere possession of a dangerous weapon is insufficient to support a charge of robbery with a dangerous weapon E. holding that because defendant possessed a screwdriver during the bank robbery and a screwdriver is properly classified as a dangerous weapon the district court did not err by applying the enhancement to him regarding ussg 2b31b2e which applies if a dangerous weapon was brandished displayed or possessed

assistant: The best answer is D. holding that mere possession of a dangerous weapon is insufficient to support a charge of robbery with a dangerous weapon
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: Action until' after the Bankruptcy Court granted him a discharge, he was fully aware of the Guarantors’ repudiation of the Consulting Agreement before he filed his bankruptcy petition, see R.67, Ex. O (Exs. C-E to Dist, Ct. Compl.), and the breach of contract claim is therefore property of his estate, see O’Dowd v. Trueger (In re O'Dowd), 233 F.3d 197, 202 (3d Cir. 2000) (recognizing a pre-petition cause of action is property of the estate). Insofar as the Consulting Agreement payments are recovered in the Contract Action, such payments will not be for any services actually performed by Segal but will be damages for his pre-petition breach of contract claim and will therefore be property of the estate. See Venn v. Sherman (In re Sherman), 322 B.R. 889, 892-93 (Bankr.N.D.Fla.2004) (<HOLDING>); cf. Stinnett, 465 F.3d at 313 (rejecting the Options: A. holding that causes of action for age and sex discrimination that arose prepetition were property of the bankruptcy estate B. holding lost future wages recovered pursuant to a prepetition cause of action are property of the estate C. holding that a valid judgment hen is enforceable against the property of the estate recovered by the trustee D. recognizing the cause of action E. holding that erisa benefits are not property of the estate

assistant: The best answer is B. holding lost future wages recovered pursuant to a prepetition cause of action are property of the estate
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: notwithstanding the provisions of section 10.1 , either party may seek judicial relief from any court of competent jurisdiction ( a ) to enforce an arbitral award issued hereunder , ( b ) to compel arbitration required hereunder or ( c ) to obtain temporary injunctive relief to prevent imminent and irreparable harm or to preserve the status quo until an arbitrator can be empaneled and determine whether to continue , terminate or modify any such relief .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Such Seller’s execution, delivery and compliance with, and performance of the terms and provisions of, this Agreement, and the sale of such Seller’s Asset, will not (i) conflict with or result in any violation of its organizational documents, (ii) conflict with or result in any violation of any provision of any bond, note or other instrument of indebtedness, contract, indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument to which such Seller is a party in its individual capacity or which binds its Asset, or (iii) violate any Applicable Law relating to such Seller or its assets or properties except, in each case, for any conflict or violation which will not materially adversely affect (A) such Seller’s ability to consummate the transactions contemplated by this Agreement, (B) such Seller’s interest in its applicable Asset or (C) the operation of such Seller’s Asset.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 11. The end or termination of this Agreement shall not relieve the receiving Party of complying with the obligations imposed by paragraph 4 thereof with respect to the use and protection of the Proprietary Information received prior to the date of termination or end of this Agreement. Such obligations shall continue for the period applicable as set forth in said paragraph.

assistant: No
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no action, dispute, suit, litigation, hearing, inquiry, proceeding, arbitration or investigation pending or threatened against Seller or any of its properties, assets or rights, before any court, arbitrator or governmental authority, nor is there any judgment, decree, injunction, rule or order of any court, arbitrator or governmental authority outstanding against, and unsatisfied by, Seller, nor does Seller know of any fact or condition which could reasonably be expected to serve as a basis for the assertion of any such action, suit, inquiry, judicial or administrative proceeding, arbitration or investigation. There is no action, suit, proceeding or investigation by any Seller pending or that Seller intends to initiate or is considering initiating.

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 case excerpt and choose the best holding from the options. Case excerpt: A & M Gregos, Inc., 607 F.2d 44, 48 (3d Cir. 1979) (“Among the more important requirements of estoppel are that the party to be estopped has misrepresented or wrongfully concealed some material fact and that this party acted with the intention that the asserting party rely to his detriment on his misunderstanding.”) (citing cases). Blake argues that because Farrington commissioned the Harrigan map, that map constituted a representation by Farrington. However, commissioning another to create a map is not in itself a representation for equitable estoppel purposes. Rather, a commissioned map or document constitutes a representation in equitable estoppel where a party uses the document to induce another party to act. See, e.g., Slagle v. United States, 809 F. Supp. 704, 710 (D. Minn. 1992) (<HOLDING>); cf. In re Tipton, 18 B.R. 803, 806-10 (Bankr. Options: A. holding that the united states corps of engineers publication of maps of navigable waters did not constitute affirmative misconduct for equitable estoppel purposes B. holding that it was unreasonable for a party to rely on maps drafted by the united states corps of engineers that bore the heading waters covered by section 10 of the 1899 rivers and harbors act under the jurisdiction of the st paul district corps of engineers and the caption that all other waters and wetlands not shown on this map should be considered to be covered by section 404 of the 1972 act to determine whether bodies of water outside the scope of the map were considered navigable C. holding that the evident breadth of congressional coneern for protection of water quality and aquatic ecosystems supported the army corps of engineers interpretation of waters of the united states to encompass wetlands adjacent to waters as more conventionally defined D. holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states E. recognizing that the supreme court has indicated that affirmative misconduct is a prerequisite to a finding of estoppel against the united states

assistant: The best answer is A. holding that the united states corps of engineers publication of maps of navigable waters did not constitute affirmative misconduct for equitable estoppel purposes
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: Lessor and Lessee have the legal right, power and authority to enter into this Lease. Each party’s execution, delivery and performance of this Lease has been duly authorized, and no other action is requisite to the valid and binding execution, delivery and performance of this Lease, except as expressly set forth herein.

assistant: Authority