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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 380 U.S. 248 85 S.Ct. 934 13 L.Ed.2d 817 HUGHES TOOL CO. et al.v.TRANS WORLD AIRLINES, INC. No. 443. Supreme Court of the United States March 8, 1965 Chester C. Davis, New York City, for petitioners. John F. Sonnett, New York City, for respondent. On Writ of certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

assistant: 9
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 this Guaranty, all notices and other communications provided for hereunder shall be in writing or by facsimile and addressed, delivered or transmitted to the appropriate party at the address or facsimile number of (a) each Guarantor, as specified on the signature pages of this Guaranty, (b) the Administrative Agent or a Secured Party, as specified pursuant to Section 10.2 of the First Lien Credit Agreement, or (c) at such other address or facsimile number as may be designated by such party in a prior written notice to the other party. Except as otherwise provided in this Guaranty, any notice or other communication, if mailed and properly addressed with postage prepaid or if properly addressed and sent by pre-paid courier service, shall be deemed given when received; any such notice or other communication, if transmitted by facsimile, shall be deemed given when transmitted and electronically confirmed.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: A participant may reduce or increase future payroll deductions or payments made pursuant to Section 5.01 by filing with the Plan Representative a form provided by the Company for such purpose. The effective date of any increase or reduction in future payroll deductions or payments pursuant to Section 5.01 will be the next Offering Commencement Date that both succeeds processing of the change form and involves an Offering in which the participant is eligible to participate, taking into account any suspension of participation that Section 8.02 requires. A participant's changed enrollment election pursuant to Section 5.01 shall remain in effect for successive Offerings unless terminated as provided in Section 8.01.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive acknowledges and agrees that the provisions of this Agreement (including Section 9, Section 10, Section 11, and Section 12) are of a special and unique nature, the loss of which cannot be adequately compensated for in damages by an action at law, and that the breach or threatened breach of any provision of this Agreement (including Section 9, Section 10, Section 11, and Section 12) would cause the Company irreparable harm. The Executive further acknowledges and agrees that in the event of a breach or threatened breach of any of the covenants contained in this Agreement (including Section 9, Section 10, Section 11, and Section 12), the Company shall be entitled to immediate relief enjoining the same in any court or before any judicial body having jurisdiction over such a claim, without being required to post a bond or prove that monetary damages are inadequate. All rights and remedies provided for in this Agreement are cumulative, are in addition to any other rights and remedies provided for by law, and may, to the extent permitted by law, be exercised concurrently or separately. The exercise of any one right or remedy shall not be deemed to be an election of such right or remedy or to preclude the exercise or pursuit of any other right or remedy.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: law recognized the causal link between a complaint and the ensuing arrest, it was in the situation where “misdirection” by omission or commission perpetuated the original wrongful behavior. See, e.g., Hand, 838 F.2d at 1428. If, however, there had been an independent exercise of judicial review, that judicial action was a superseding cause that by its intervention prevented the original actor from being liable for the harm. See Restatement of Torts (Second) § F.3d 1068, 1072-73 (2d Cir.1997) (concluding that the neutral, advisory role played by probation officers prevented the chain of causation from being broken where the sentencing judge adopted a recommended sentence which violated a criminal defendant’s constitutional rights); Lanier v. Sallas, 111 F.2d 321, 324-25 (5th Cir.1985) (<HOLDING>). The purported misrepresentation here, Options: A. recognizing whiting as a maximum security mental health facility B. holding that a plaintiff can establish a causal link by showing that the employers decision was based in part on knowledge of the employees protected activity C. holding that a judges decision to commit plaintiff to a mental health facility did not sever the chain of causation where that decision was based in part on a misrepresentation made by defendants D. holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable E. holding that an employers decision to terminate the plaintiff based on information supplied by a supervisor satisfies the causation requirement

assistant: The best answer is C. holding that a judges decision to commit plaintiff to a mental health facility did not sever the chain of causation where that decision was based in part on a misrepresentation made by defendants
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: with less than ideal clarity; occasionally, legislation is opaque in instructing which federal tribunal is the proper — or a proper — forum for the first court airing of, or an appeal in, a particular kind of federal case. Compare Hohri v. United States, 782 F.2d 227, 239-41 (D.C. Cir.1985), with id. at 944-946 (dissenting opinion) (divided views on “plain meaning” of 28 U.S.C. § 1295(a)(2) (1982)). When administrative' action is in question, as in the instant case, the governing statute may fail to say with precision whether judicial review should initially occur in a district court, or directly in a court of appeals. The matter at hand pointedly illustrates these difficulties, as did our previous encounter with these appellants, Lorion v. NRC, 712 F.2d 1472 (D.C.Cir.1983) (<HOLDING>), rev’d sub nom. Florida Power & Light Co. v. Options: A. holding that there must first be a denial by atf for the district court to review B. holding that federal district courts lack jurisdiction to review a final state court decision in a particular case C. holding that because here the statutes in issue provide for judicial review via citizen suit provisions yet do not set forth a standard for that review judicial review is limited to apa review on the administrative record D. holding in land use situations courts have concluded in order for a regulatory takings claim to be ripe there must be a final decision regarding the application of the regulations to the property at issue E. holding that judicial review of nuclear regulatory commission decision at issue must first occur in district court

assistant: The best answer is E. holding that judicial review of nuclear regulatory commission decision at issue must first occur in district court
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: that cumulative punishments may be meted out as long as they result from a single proceeding. See, e.g., Kurth Ranch, 511 U.S. at 778, 114 S.Ct. 1937; Torres, 28 F.3d at 1464. Moreover, it is a rare tax statute which is so punitive in either purpose or effect that it is subject to double jeopardy analysis at all. However, when we are presented with a criminal punishment masquerading as a civil tax, we are compelled by the mandates of the Constitution to ensure that the defendant is punished only once for his misconduct. III. CONCLUSION For the foregoing reasons, the district court’s denial of Dye’s petition for habeas relief is REVERSED. 1 . This version of the tax was found unconstitutional by the Wisconsin Supreme Court in 1997. See State v. Hall, 207 Wis.2d 54, 557 N.W.2d 778 (1997) (<HOLDING>). However, the statute was operative in 1994 Options: A. holding that juveniles request to call parent is assertion of fifth amendment privilege against selfincrimination B. holding that waiver of privilege against selfincrimination is proceeding specific C. recognizing commonlaw privilege against selfincrimination D. holding that the drug tax violated the privilege against selfincrimination E. holding that the constitutional privilege against selfincrimination is applicable in the case of juveniles as it is with respect to adults

assistant: The best answer is D. holding that the drug tax violated the privilege against selfincrimination
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: Seller and Purchaser shall, from time to time after Closing, upon request, execute such additional documents as are reasonably necessary to convey, assign and transfer the Property pursuant to this Agreement and otherwise complete the Transactions contemplated by this Agreement, provided that such documents are consistent with the terms of this Agreement, and do not increase Seller’s or Purchaser’s obligations hereunder or subject Seller or Purchaser to additional liability not otherwise contemplated by this Agreement. Additionally, if this Agreement is terminated, either party may request from time to time thereafter confirmation of such termination from the other party, upon which request, the non-requesting party shall promptly confirm to the requesting party in writing (by a recordable instrument if requested by the requesting party) that this Agreement has been terminated.

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: All expenses incurred by the Advisor in performing the services under this Agreement shall be incurred solely by the Advisor. The Company will reimburse the Advisor for reasonable, pre-approved expenses associated with the Advisor’s providing of the services.

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: Upon the execution and delivery by Muzzy-Lyon and Fed-Mogul MP of this Agreement and the other agreements contemplated hereby, this Agreement and the other agreements contemplated hereby will constitute the legal, valid, and binding obligations of Muzzy-Lyon and Fed-Mogul MP. Muzzy-Lyon and Fed-Mogul MP each have the right, power, and authority to execute and deliver this Agreement and to perform its obligations under this Agreement and the other agreements contemplated hereby. Neither Muzzy-Lyon nor Fed-Mogul MP is, nor will be, required to obtain any consent from any person in connection with the execution and delivery of this Agreement and the other agreements contemplated hereby, the consummation or performance of any of the transactions contemplated hereby or thereby, or the sale and delivery of the Shares (other than consents obtained prior to, and in full force and effect as of, the Effective Date).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: kind of your job, right? DEFENDANT: Yes.... PROSECUTOR: I don’t want you to try to suggest to the jury that there’s this other stuff no one is talking about. Id. at 496. This court, addressing Hunt’s argument that the comment of the prosecutor amounted to misconduct, held that the comment was invited by and responsive to defendant’s testimony. Read in context, it is clear that the prosecutor’s remarks were not intended to shift the burden of proof or otherwise mislead the jury or prejudice the defendant. They were intended simply to dispel the notion, suggested by defendant, that the government had improperly withheld information. The remarks were not improper and do not constitute prosecutorial misconduct. Id. at 497; see also United States v. Clark, 982 F.2d 965, 969 (6th Cir.1993) (<HOLDING>). As in the cases cited above, the prosecutor’s Options: A. holding that the prosecutor is not required to provide the defense with the names of rebuttal witnesses because until the defense case has been presented the state cannot know of witnesses needed for rebuttal B. holding that the plaintiff had the burden of establishing that he properly served an agent of the defendant C. holding where defense counsel argued that the prosecution had not presented the testimony of a law enforcement agent because it would have been favorable to the accused the prosecutor properly argued in rebuttal that clark could have called the agent as a witness on his own D. holding that trial counsel was not deficient in the presentation of defendants life history during the penalty phase because the jury was aware of most aspects of the defendants life that the defendant argued should have been presented E. holding that both agent and principal will be liable when the agent acts within the scope of his employment but for his own purposes

assistant: The best answer is C. holding where defense counsel argued that the prosecution had not presented the testimony of a law enforcement agent because it would have been favorable to the accused the prosecutor properly argued in rebuttal that clark could have called the agent as a witness on his own
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 earned and granted, the Primary Long-Term Incentive Shares vest equally over 3 years from the potential award date (March 15, 2020). Upon vesting, each ratable portion of the award becomes unrestricted and must be paid or made available by March 15 of the year following vesting. That portion of the award that has been expensed by the Company (as of its most recent year-end financial statements), and which has not previously become unrestricted and paid or made available to the Participant, vests upon a Participant’s attaining age 65 (or upon a termination without cause, if sooner). For Participants age 65 or older, the vested portion becomes unrestricted and is paid or made available by March 15 of the year immediately following the year of vesting. Shares subject to the award vest on the Participant’s death, disability or upon a change of control, as defined in the plan. In no event will shares subject to the Award become unrestricted and paid and made available later than March 15th of the year following the year in which the shares are no longer subject to a substantial risk of forfeiture, as defined under relevant IRC regulations.

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: by government employee, following attempted assassination of President Reagan, expressing employee’s "hope they get him” in any subsequent attempts; reasoned that context of statement — a political discussion — reveáled that statement addressed matter of public concern rather than making an actionable threat); Hess v. Indiana, 414 U.S. 105, 107- 09, 94 S.Ct. 326, 38 L.Ed.2d 303 (1973) (antiwar protester’s statement, to no one in particular, that “[w]e’ll take the f-ing street later” was protected by First Amendment); Brandenburg v. Ohio, 395 U.S. 444, 446-49, 89 S.Ct. 1827, 23 L.Ed.2d 430 (1969) (Ku Klux Klan leader's referencing "possibility” of “revengeance” fell short of specific threat of violence and was protected by First Amendment); Watts, 394 U.S. at 706, 708, 89 S.Ct. 1399 (<HOLDING>). 240 . 402 U.S. 415, 91 S.Ct. 1575, 29 L.Ed.2d Options: A. holding utterance that if they ever make me carry a rifle upon being drafted into the us military the first man i want to get in my sights is lbj was merely a kind of very crude offensive method of stating a political opposition to the president and was thus protected by the first amendment B. holding that with the commands of the first amendment clearly in mind a comment that the first man i want to get in my sights is lbj was political hyperbole which did not constitute a willful threat against the president C. holding that 18year old vietnam protestor who stated if they ever make me carry a rifle the first man i want to get in my sights is lbj did not violate 871 because the comment constituted political hyperbole protected by the first amendment D. holding judges offensive comments made on television show fully protected by first amendment E. holding that the following statement conditional in nature and made at a political rally was not a true threat if they ever make me carry a rifle the first man i want to get in my sights is lbj

assistant: The best answer is A. holding utterance that if they ever make me carry a rifle upon being drafted into the us military the first man i want to get in my sights is lbj was merely a kind of very crude offensive method of stating a political opposition to the president and was thus protected by the first 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 legal provision and list the applicable contract clause categories. Provision: Subject to the provisions and limitations set forth in Section 7.4(d) and in Section 7.1, the obligations of Purchaser, Seller and Unitholder under this Article VII, as applicable, shall survive and continue in effect following the Closing until all Claims or Losses are resolved.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For a period of three (3) years following the date hereof, no public announcement or other publicity regarding the existence of this Agreement or its contents or the transactions contemplated by this Agreement or the Merger Agreement shall be made by any Covenantor or any of its Affiliates or any of its or their respective Agents, without the prior written agreement of Parent, and mutual agreement between the parties as to the form, content, timing and manner of distribution or publication. Each of the Covenantors shall hold confidential the terms and provisions of this Agreement and the Merger Agreement and the terms of the transactions contemplated by this Agreement and the Merger Agreement. Notwithstanding the foregoing, nothing in this Section 2.6 shall prevent any Covenantor from (a) making any public announcement or disclosure required by Law or Governmental Entity, (b) discussing this Agreement or its contents or the transactions contemplated by this Agreement with those Persons whose approval or agreement, as the case may be, is required for consummation of such particular transaction or transactions, (c) making any disclosures incident to enforcing its rights hereunder or (d) repeating previous public announcements by the parties to the Merger Agreement made in accordance with Section 5.7 of the Merger Agreement; provided , however , that the Covenantor making such announcement or disclosure described in clause (a) shall, to the extent reasonably practicable, allow Parent reasonable time to review and comment on such release or statement in advance of such announcement or disclosure. Notwithstanding anything herein to the contrary, any Covenantor may provide reasonable and customary information about the subject matter of this Agreement, the Merger Agreement and the transactions contemplated thereby to its limited partners and direct or indirect investors or in connection with fundraising, marketing, informational, transactional or reporting activities at any time if and only if the recipient of such information is bound by a confidentiality agreement with respect to such information and such Covenantor agrees for the benefit of Parent to enforce such confidentiality agreement upon the written request of Parent to the Covenantor.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid and so long as the Commitments have not expired or terminated. The provisions of Sections 2.14, 2.15, 2.16 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein (including Section 2.22), each Issuing Bank that is so requested by a Borrower agrees, in reliance upon the agreement of the Revolving Lenders set forth in this Section 2.05, to issue Letters of Credit denominated in dollars, euro or Sterling for any Borrower’s own account (or for the account of any Subsidiary so long as a Borrower and such other Subsidiary are co-applicants and jointly and severally liable in respect of such Letter of Credit), in a form reasonably acceptable to the Term Loan A/Revolver Administrative Agent and the applicable Issuing Bank, which shall reflect the standard operating procedures of such Issuing Bank, at any time and from time to time during the Revolving Availability Period and prior to the fifth Business Day prior to the Revolving Maturity Date, provided that, each Existing Letter of Credit shall be deemed to be issued hereunder; provided , further , that if applicable Issuing Bank’s standard operating procedures do not provide for the issuance of electronic Letters of Credit, it shall only be required to issue paper Letters of Credit hereunder. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by the Borrowers to, or entered into by the Borrowers with, any Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall control. Subject to the terms and conditions hereof, the Borrowers’ ability to obtain Letters of Credit shall be fully revolving, and accordingly the Borrowers may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit that have expired (without any drawing having been made thereunder that has not been rejected or honored) or that have been drawn upon and reimbursed.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. McDaniels, 512 F.3d 193, 197-98 (5th Cir.2007) (per curiam). However, May-field has not alleged any physical injury and his complaint seeks only compensatory damages. As such, Mayfield’s claims for damages are barred by § 1997e(e). See Geiger 404 F.3d at 375 (applying § 1997e(e) to bar prisoner’s claim for damages brought under § 1983 alleging a First Amendment violation); RLUIPA, 42 U.S.C. § 2000cc-2(e) (“Nothing in this chapter shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act).”); Cutter v. Wilkinson, 544 U.S. 709, 723, 125 S.Ct. 2113, 161 L.Ed.2d 1020 (2005) (noting that RLUIPA claims are subject to the exhaustion requirement of § 1997e(a)); see also Smith v. Allen, 502 F.3d 1255, 1271 (11th Cir.2007) (<HOLDING>). Neither sovereign nor qualified immunity Options: A. holding that provisions in a subcontract incorporating a prime contract for a limited purpose are limited only to those that are applicable B. recognizing a state agencys powers are limited to 1 C. recognizing that claims arising under the ihra are analyzed under the same standards as title vii claims D. recognizing that claims against a state under 1981 are barred by the eleventh amendment E. recognizing that damage claims under rluipa are limited by 1997ee

assistant: The best answer is E. recognizing that damage claims under rluipa are limited by 1997ee
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 Borrower and each of its Subsidiaries (other than any Project Finance Subsidiary, Non-Material Subsidiary or SPC) is a corporation, partnership (in the case of Subsidiaries only) or limited liability company duly and properly incorporated or organized, as the case may be, validly existing and (to the extent such concept applies to such entity) in good standing under the laws of its jurisdiction of incorporation or organization and has all requisite authority to conduct its business in each jurisdiction in which its business is conducted, other than the failure of any such Borrower or any such Subsidiary to so be in good standing or to be qualified to do business in any such jurisdiction or the failure of any such Subsidiary to be so validly existing, in each case, to the extent any such failure would not reasonably be expected to result in a Material Adverse Effect with respect to such Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices or other communications between the parties shall be in writing and shall be deemed duly given upon delivery or refusal to accept delivery by the addressee thereof if delivered in person, or via certified mail, return receipt requested, or upon actual receipt if delivered by reputable overnight guaranty courier, addressed and sent to the parties at their addresses set forth above. Landlord and Tenant may from time to time by written notice to the other designate another address for receipt of future notices.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: In Hinton, because state-court precedent previously declared that an assault could not form the predicate felony for felony murder (because of merger, see In re Personal Restraint of Andress, 147 Wash.2d 602, 56 P.3d 981, 988 (2002)), the indictments failed to articulate a crime. Hinton, 100 P.3d at 804. In the simplest of terms, there was no set of circumstances that could make an indictmen .I.2004)). Unlike the Hinton petitioners, Torres’s indictment did not charge him with a nonexistent crime. As such, by voluntarily pleading guilty to a charge that was amended with his consent, Torres has waived any argument that the state could not have proven him guilty of murder. See Miguel, 774 A.2d at 22; see also United States v. Broce, 488 U.S. 563, 571, 109 S.Ct. 757, 102 L.Ed.2d 927 (1989) (<HOLDING>). IV Conclusion For the reasons elucidated in Options: A. holding that rjespondents had the opportunity instead of entering their guilty pleas to challenge the theory of the indictments they chose not to and hence relinquished that entitlement B. holding that because the property owner argued only a theory of taking that was no longer a valid theory property owner did not demonstrate his entitlement to relief C. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge D. holding that if undisclosed evidence might have affected the disposition of the summary judgment motion the plaintiffs chose not to disclose the basis of their claim and they did so at their own risk E. holding that the defendants challenge to the evidence through a pretrial motion to dismiss was premature because such a challenge can only be made after the state has had an opportunity to present its evidence to the trier of fact

assistant: The best answer is A. holding that rjespondents had the opportunity instead of entering their guilty pleas to challenge the theory of the indictments they chose not to and hence relinquished that entitlement
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: actors who cannot be sued without the plaintiff first obtaining leave of the bankruptcy court. Lawrence v. Goldberg, 573 F.3d 1265, 1269-70 (11th Cir. 2009). In Barton, the Supreme Court recognized that the doctrine does not apply to acts a trastee performs in excess of his authority. Barton, 104 U.S. at 134. We have held that “court-appointed receivers ... enjoy judicial immunity for acts within the scope of their authority ... [which] extends to carrying out faithfully and carefully the orders of the appointing judge,” and that, by analogy, court-appointed bankruptcy trustees are entitled to absolute quasi-judicial immunity where they act “under the supervision and subject to the orders of the bankruptcy judge.” Prop. Mgmt. & Invs., Inc. v. Lewis, 752 F.2d 599, 602 (11th Cir. 1985) (<HOLDING>); Boullion v. McClanahan, 639 F.2d 213, 214 Options: A. holding that a receiver was immune from a suit alleging defamation conversion and embezzlement arising out of the course of administering the receivership B. holding that titere is a significant distinction between fdic in its corporate capacity and its receivership capacity where fdic acts as a receiver it is not immune from prejudgment interest C. holding that the company administering a selfinsurance program for the department of transportation was an agent for the department and was therefore immune from suit D. holding state immune from suit brought in state court E. holding state immune from suit involving a federal question

assistant: The best answer is A. holding that a receiver was immune from a suit alleging defamation conversion and embezzlement arising out of the course of administering the receivership
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has the requisite corporate power and authority to enter into each of the Transaction Agreements and to consummate the transactions contemplated hereby and thereby. The execution and delivery by the Company of each of the Transaction Agreements, the issuance, sale and delivery of the Shares by the Company, the compliance by the Company with each of the provisions of each of the Transaction Agreements, and the consummation by the Company of the transactions contemplated hereby and thereby (a) are within the corporate power and authority of the Company (including such approval and authorization by the Company’s Board of Directors required under the Laws of the State of Delaware and Company’s certificate of incorporation and bylaws) and (b) have been duly authorized by all necessary corporate action of the Company. Each of the Transaction Agreements have been duly and validly executed and delivered by the Company. Assuming due authorization, execution and delivery by the Purchaser of the Transaction Agreements, each of the Transaction Agreements constitute, a valid and binding agreement of the Company enforceable against the Company in accordance with its terms, except to the extent such enforcement is limited by (i) any applicable bankruptcy, insolvency and other similar Laws affecting the enforcement of creditors’ rights generally and (ii) general principles of equity, including the possible unavailability of specific performance or injunctive relief or other equitable remedies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice to be given under the terms of this Agreement to the Company shall be addressed to the Company in care of the Secretary of the Company at the Company’s principal office, and any notice to be given to Grantee shall be addressed to Grantee at Grantee’s last address reflected on the Company’s records. By a notice given pursuant to this Section 4.10 , either party may hereafter designate a different address for notices to be given to that party. Any notice shall be deemed duly given when sent via email or when sent by certified mail (return receipt requested) and deposited (with postage prepaid) in a post office or branch post office regularly maintained by the United States Postal Service.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The terms and provisions of this Agreement are to apply to and bind the permitted successors and assigns of the parties hereto, including the Liquidating Trusts as designated recipients of the closing consideration, in the case of the Contributors. Neither the Partnership nor the Contributors may assign its rights or obligations under this Agreement, provided that to the extent that the Contributors designate any Holders as recipients of the OP Units as set forth in Section 2.2 , such Holders shall agree to be bound by the terms of this Agreement as more particularly set forth in the Admission Amendment. The Contributors shall not transfer any direct or indirect ownership or other interest in itself so as to cause a change in control, without first obtaining written approval of the Partnership, which approval may be given or denied in the Partnership’s sole discretion. Notwithstanding the foregoing, at Closing, the Partnership may designate a wholly-owned affiliate to take ownership of any one or more of the Properties, such affiliate assuming the liabilities and obligations of the Partnership as to that Property, but in no event will such designation of transfer of the Property release the Partnership or the Company from any of their obligations or liabilities under this Agreement or by reason of law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND EACH NOTE SHALL BE A CONTRACT MADE UNDER AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF ILLINOIS APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and its Subsidiaries shall not, directly or indirectly, use the proceeds of any Credit Extension, or lend, contribute or otherwise make available such proceeds to any Subsidiary, joint venture partner or other Person, to fund any activities of or business with any Person in any manner that will result in a violation by the Borrower, any Subsidiary, or, to the knowledge of the Borrower, any other Person (including any Person party to this Agreement, whether as Lender, Joint Lead Arranger, Administrative Agent, Issuer or otherwise), of Sanctions.

assistant: Sanctions
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: all defendants with prejudice. To have granted this relief on a traditional motion for summary judgment, the trial court had to have found that Overflow Owner’s waiver argument failed as a matter of law and could not be the basis for relieving Overflow Owner of the ROA parking restrictions and further found that dismissal was proper as to all moving and nonmoving defendants. 1. Nonmoving defendants Mai & Matthews, Smith, and LG Sharpstown did not file motions for summary judgment on Overflow Owner’s waiver claim. Nor did they join Sharpstown Texas’s motion. The trial court’s order dismissing Overflow Owner’s waiver-based declaratory-judgment claims against these non-moving defendants was in error. Mitchell v. Baylor Univ. Med. Ctr., 109 S.W.3d 838, 844 (Tex. App.—Dallas 2003, no pet.) (<HOLDING>). Thus, we reverse the trial court’s order as Options: A. holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence B. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion C. holding that summary judgment for defendant who did not file own motion or join codefendants motion was in error and required reversal D. holding that a motion to dismiss or for summary judgment precluded default judgment E. holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable

assistant: The best answer is C. holding that summary judgment for defendant who did not file own motion or join codefendants motion was in error and required reversal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: In view thereof, the parties undertake that - 3.2 they will not, without the prior written consent of the disclosing party: 3.2.2 divulge, discuss with, disclose or reveal the confidential information of the disclosing party to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever (other than its employees and agents and only to the extent that such employees and agents require such information in the implementation of any agreement concluded between the parties);

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: Upon satisfaction of the conditions set forth herein, a closing shall occur at the principal offices of the Company, or such other location as the parties shall mutually agree. At closing, Holder shall deliver certificates representing the Exchange Securities to the Company and the Company shall deliver to such Holder a certificate evidencing the Securities, in the name(s) and amount(s) as requested by the Holder. Upon closing, and except as set forth herein, any and all obligations of the Company to the Holder under the Exchange Securities shall be fully satisfied, the certificates evidencing the Exchange Securities shall be cancelled and Holder will have no remaining rights, powers, privileges, remedies or interests under the Exchange Securities.

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 legal provision and list the applicable contract clause categories. Provision: The Advisor shall maintain appropriate records of all its activities hereunder and make such records available for inspection by the Board and by counsel, auditors and authorized agents of the Company, at any time or from time to time, upon reasonable request, during normal business hours. The Advisor shall at all reasonable times have access to the books and records of the Company, OP I and the Partnership.

assistant: Records
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: one of the attorneys from a legal aid organization representing her in the divorce case against the former husband, that appellant — not her former husband — was the father. The only time the former husband indicated he was appellee’s father was when he would be with appellee and the other child born during the marriage (who he acknowledges is his son) and he would make the statement to strangers that he was appellee’s father — in an effort not to embarrass appellee. ¶ 13 Obviously, the trial court was in the best position to interpret the demeanor of the individuals testifying and it is equally obvious by his decision, he credited the testimony that was in favor of a finding the former husband did not rear appellee for a two year period. See In Re Davis’ Estate, supra, 36 P.2d at 473 (<HOLDING>). This Court has also fairly recently Options: A. recognizing that trial judge has the benefit of observing the ap pearance manner and conduct of the witnesses and their apparent interest or lack thereof in the outcome of the trial B. recognizing that lowe requires the trial court to preclude the remaining parties from referring to or mentioning the potential interest of the optedout insurer in the outcome of the trial C. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses D. recognizing the range of discretion of the trial judge E. holding that a district court was entitled to accept or reject testimony on the basis of the witnesses demeanor and candor or lack thereof and contradictions in the witnesses testimony

assistant: The best answer is A. recognizing that trial judge has the benefit of observing the ap pearance manner and conduct of the witnesses and their apparent interest or lack thereof in the outcome of the 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: The Parent Guarantor is duly organized, validly existing and in good standing under the laws of Delaware. The Parent Guarantor is duly authorized and qualified to do business and is in good standing in its jurisdiction of incorporation and in jurisdictions in which the conduct of its business requires it to so qualify. The Parent Guarantor has the requisite corporate power and authority to execute, deliver and perform this Parent Guaranty.

assistant: Organizations
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: Code confirms these guarantees by allowing criminal defendants to compel witnesses to appear in their favor and to produce witnesses and evidence at trial. See S.C.Code Ann. § 17-23-60 (1976); S.C.Code Ann. § 19-7-60 (1976). These safeguards ensure the accused will benefit from a fair and impartial trial. “Few rights are more fundamental than that of an accused to present witnesses in his own defense.” Chambers v. Mississippi, 410 U.S. 284, 302, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973); see also California v. Trombetta, 467 U.S. 479, 485, 104 S.Ct. 2528, 81 L.Ed.2d 413 (1984) (finding the Due Process Clause of the Fourteenth Amendment affords criminal defendants a meaningful opportunity to present a complete defense); State v. Hutton, 358 S.C. 622, 631, 595 S.E.2d 876, 881 (Ct.App.2004) (<HOLDING>); State v. Harris, 311 S.C. 162, 167, 427 Options: A. holding that the constitution guarantees criminal defendants a meaningful opportunity to present a complete defense B. recognizing fundamental fairness requires criminal defendants be granted a meaningful opportunity to present a complete defense C. recognizing a criminal defendants right to present a complete defense D. holding that constitution requires an opportunity granted at a meaningful time and a meaningful manner for a hearing appropriate to the nature of the case E. holding that fundamental fairness demands at least an opportunity to present rebuttal to surprise evidence

assistant: The best answer is B. recognizing fundamental fairness requires criminal defendants be granted a meaningful opportunity to present a complete defense
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: the provisions of these terms and conditions relating to the protection and enforcement of duolingo 's proprietary rights , your representations and warranties , disclaimer of representations and warranties , release and indemnities , limitations of liability and types of damages , ownership of data and information , governing law and venue , and miscellaneous provisions shall survive any such termination .

assistant: None