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: In his brief, Lin asserts that the documents discussed in Shou Yung Guo v. Gonzales, 463 F.3d 109 (2d Cir.2006) and Tian Ming Lin v. U.S. Dep’t of Justice, 468 F.3d 167 (2d Cir.2006), may provide evidence of a policy in Fujian Province of forced sterilization of Chinese nationals with two or more children, and requests that this Court remand his case accordingly. Because such an argument does not raise a constitutional claim or question of law, the Government correctly asserts that the Court lacks jurisdiction to review Lin’s petition. See 8 U.S.C. § 1252(a)(2). As such, it is dismissed. To the extent Lin asks this Court to remand his case for the taking of additional evidence not in the record, we decline to do so. See Xiao Xing Ni v. Gonzales, 494 F.3d 260, 269 (2d Cir.2007) (<HOLDING>). For the foregoing reasons, the petition for Options: A. holding that the bia rule is reasonable B. holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte C. holding that where issues were not considered by the bia remand is appropriate D. holding that the bia does not abuse its discretion by giving summary consideration to evidence presented in a motion to reopen particularly when dealing with evidence which the bia is asked to repeatedly consider E. holding that any inherent power to remand to the bia for the consideration of additional evidence should not be exercised where i the basis for the remand is an instruction to consider documentary evidence that was not in the record before the bia and ii the agency regulations set forth procedures to reopen a case before the bia for the taking of additional evidence

assistant: The best answer is E. holding that any inherent power to remand to the bia for the consideration of additional evidence should not be exercised where i the basis for the remand is an instruction to consider documentary evidence that was not in the record before the bia and ii the agency regulations set forth procedures to reopen a case before the bia for the taking of additional evidence
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 Third Amendatory Agreement and the Loan Agreement, as amended hereby, constitute the legal, valid and binding obligations of the Security Parties and are enforceable against the Security Parties in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding may be brought.

assistant: Enforceability
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 can be amended, supplemented or changed, and any provision hereof can be waived, only by a written instrument making specific reference to this Agreement signed by all of the parties hereto. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by such party taking such action of compliance by any other party with any covenant or agreement contained herein. The failure of a party to assert any of its rights hereunder shall not constitute a waiver of such rights nor in any way affect the validity of this Agreement or any part hereof or the right of such party thereafter to enforce each and every provision of this Agreement. No waiver of any breach of or non-compliance with this Agreement shall be held to be a waiver of any other or subsequent breach or non-compliance.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the terms of use are in addition to , and do not replace or supplant , the `` bnet tou '' , and the end user license agreement that accompanied the world of warcraft software ( the `` eula '' ) and to which the world of warcraft software ( the `` game client '' ) is subject .

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: Administrative Agent shall have received title reports, title opinions and other title information in form, scope, substance and authorship reasonably satisfactory to Administrative Agent, in respect of the value of the Mortgaged Properties determined by Administrative Agent, reflecting title of Borrower and its Restricted Subsidiaries in such Mortgaged Properties, and Administrative Agent shall have received, and be satisfied with, such title information (including Rights of Way and permits) with respect to the Mortgaged Properties and the Midstream Properties and shall, in its discretion, be satisfied with the status of title to the Mortgaged Properties and the Midstream Properties.

assistant: Titles
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 Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than an Ineligible Institution) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Credit Agreement (including all or a portion of its Commitment and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Credit Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Credit Agreement. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Credit Documents (the “ Participant Register ”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans or its other obligations under any Credit Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan or other obligation is in registered form under Section 5f.103-1(c) of the United States Treasury Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Credit Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.

assistant: Participations
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: Notwithstanding the foregoing provisions, Tenant’s Share as to certain expenses included in Operating Expenses may be calculated differently to yield a higher percentage share for Tenant as to those expenses if Landlord permits other tenants or occupants in the Project to incur such expenses directly rather than have Landlord incur the expense in common for the Project. In such case, Tenant’s Share of the applicable expense shall be calculated as having as its denominator the sum of the gross leasable areas of all premises in the Project less the gross leasable areas of tenants who have incurred such expense directly. Nothing herein shall imply that Landlord will permit Tenant or any other tenant of the Project to incur Common Area Costs. Any such permission shall be in the sole discretion of Landlord. If the Building or Project is not one hundred percent (100%) occupied during all or a portion of any calendar year, Landlord shall make an appropriate adjustment to the components of Operating Expenses for such year to determine the amount of Operating Expenses that would have been incurred had the Building and Project been one hundred percent (100%) occupied; and the amount so determined shall be deemed to have been the amount of Operating Expenses for such year.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, the other Loan Documents and the agreements regarding certain Fees referred to herein constitute the entire contract between the parties relative to the subject matter hereof. Any previous agreement among or representations from the parties or their Affiliates with respect to the subject matter hereof is superseded by this Agreement and the other Loan Documents. Notwithstanding the foregoing, the Fee Letter shall survive the execution and delivery of this Agreement and remain in full force and effect. Nothing in this Agreement or in the other Loan Documents, expressed or implied, is intended to confer upon any party other than the parties hereto and thereto any rights, remedies, obligations or liabilities under or by reason of this Agreement or the other Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except to the extent that the Plan may be subject to the provisions of ERISA, the Plan will be construed and enforced according to the laws of the State of New York, without giving effect to the conflict of laws principles thereof.

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: Unless otherwise indicated in this Agreement or any other Loan Document, each term set forth below, when used in this Agreement or any other Loan Document, shall have the respective meaning given to that term below or in the provision of this Agreement or other document, instrument or agreement referenced below.

assistant: Definitions
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 Amendment may be executed by one or more of the parties hereto on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. This Amendment may be delivered by facsimile or other electronic transmission of the relevant signature pages hereof.

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: This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, without regard to its choice of law rules. Notwithstanding any other provision of this Agreement, any dispute hereunder shall be resolved pursuant to arbitration in accordance with the most recent arbitration agreement in effect between Executive and the Company, except that the Company or Executive may pursue equitable relief in a court of law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by an adequate statement of reasons or bases, see 38 U.S.C. §§ 1802, 5107(a), 7104(a), (d) (1994 & Supp. V 1999); 38 U.S.C. §§ 5103, 5103A, 5106, 5107, as amended by the Veterans Claims Assistance Act of 2000, Pub.L. No. 106-475, 114 Stat. 2096 (Nov. 9, 2000); 66 Fed.Reg. 45,620, 45,-630-32 (Aug. 29, 2001) (amending 38 C.F.R. § 3.159, as applicable); Fletcher v. Derwinski, 1 Vet.App. 394, 397 (1991), all consistent with this opinion and in accordance with section 302 of the Veterans’ Benefits Improvements Act of 1994, Pub.L. No. 103-446, § 302, 108 Stat. 4645, 4658 (found at 38 U.S.C. § 5101 note) (requiring Secretary to provide for “expeditious treatment” of claims remanded by BVA or the Court) [hereinafter VBIA § 302]; see Vargas-Gonzalez v. Principi, 15 Vet.App. 222, 225-30 (<HOLDING>), and with all applicable law and regulation. Options: A. holding that vbia 302 applies to all elements of a claim remanded by court or board B. holding that freestanding predecessor of section 7112 applies to all elements of claim remanded by the court or board C. holding that section 302 of veterans benefits improvements act of 1994 publ no 103446 302 108 stat 4645 4658 predecessor of section 7112 applies to all elements of claim remanded by the court or board D. holding that a found in indictment need not allege all of the elements of entry E. holding that guilty plea admits all elements of offense

assistant: The best answer is A. holding that vbia 302 applies to all elements of a claim remanded by court or board
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: claim, those documents were indeed “before the Board” and may be considered by the Court. See 38 U.S.C. § 7252(b); Bell, 2 Vet.App. at 613. Having found that the Secretary’s documents are properly before the Court, the next task is to determine what those documents actually establish. Although the transmittal documents alone may be insufficient to establish that the examination report was properly transmitted, Mr. Johnson does not contest the validity of the Secretary’s proof. Therefore, I believe that the Secretary’s unchallenged assertion that the July 2005 VA examination report was transmitted through the Compensation and Pension Record Interchange is sufficient to find that the report was signed in accordance with the M21-1MR. See MacWhorter v. Derwinski, 2 Vet.App. 133, 136 (1992) (<HOLDING>). Finally, having stated my position on the Options: A. holding argument not raised in opening brief but raised for the first time in reply brief was waived B. holding that a partys failure to raise an issue in the opening brief waived the issue even though the party raised the issue in his reply brief C. holding that a court may consider a theory raised for the first time in a posttrial brief unless it is precluded by the pleadings or it prejudices the opposing party D. holding that an argument raised only in fact section of opening brief and in reply brief is not properly raised E. holding that a partys failure to respond to a legally plausible position in an opposing brief allowed the court to assume the point raised by the opposing brief

assistant: The best answer is E. holding that a partys failure to respond to a legally plausible position in an opposing brief allowed the court to assume the point raised by the opposing brief
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, the other Loan Documents and the agreements regarding certain fees referred to herein constitute the entire contract between the parties relative to the subject matter hereof. Any previous agreement among or representations from the parties or their Affiliates with respect to the subject matter hereof is superseded by this Agreement and the other Loan Documents. Notwithstanding the foregoing, the Fee Letters shall survive the execution and delivery of this Agreement and remain in full force and effect. Nothing in this Agreement or in the other Loan Documents, expressed or implied, is intended to confer upon any party other than the parties hereto and thereto any rights, remedies, obligations or liabilities under or by reason of this Agreement or the other Loan Documents, except as set forth under Section 9.05(b).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrowers shall use the proceeds of the Loans solely for (a) transaction fees incurred in connection with the Financing Documents and the payment in full on the Closing Date of certain existing Debt, and (b) for working capital needs of Borrowers and their Subsidiaries. No portion of the proceeds of the Loans will be used for family, personal, agricultural or household use.

assistant: Use Of Proceeds
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: Subtenant may not assign this Sublease, nor sublet all or any part of the Subleased Premises, without the prior written consent of Sublandlord, not to be unreasonably withheld, and subject to the terms of the Prime Lease. Any assignment or sublease in violation of this provision shall be null and void.

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: The Company will indemnify Advisor for any claim made against him as a result of actions taken by him as part of the services provided by him to the Company at the direction and/or request of the Company. Advisor will indemnify the Company for any claims made against the Company resulting from willful misconduct of the Advisor resulting in claims of employment relationship made against the Company as a result of the Services.

assistant: Indemnifications
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: in the us the internet communications software is controlled under eccn 5d992 of the export administration regulations ( `` ear '' ) under encryption registration number ( `` ern '' ) r100351 and thus may not be exported or re exported from the us to or downloaded by any person in any countries controlled for anti terrorism reasons under the ear , which include iran , north korea , cuba , syria and sudan .

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 Shareholder has not taken any action that is in violation of the United States Foreign Corrupt Practices Act of 1977 (as amended from time to time, the “FCPA”) or any other anti-corruption law in any applicable jurisdiction, and without limiting the foregoing, such Shareholder has not paid, offered or promised to pay, or authorized the payment, directly or indirectly, of anything of value to any Person employed or acting for or on behalf of any government official or employee or any political party or candidate for political office, for the purpose of inducing or rewarding any favorable action in any manner.

assistant: Anti-Corruption 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: neither academia.edu nor any other person or entity involved in creating , producing , or delivering the site , services or collective content will be liable for any incidental , special , exemplary or consequential damages , or lost profits , loss of data or loss of goodwill , service interruption , computer damage or system failure or the cost of substitute products or services , or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site , services or collective content , or from any communications , interactions or meetings with other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services , whether based on warranty , contract , tort ( including negligence ) , product liability or any other legal theory , whether or not academia.edu has been informed of the possibility of such damage , and whether or not foreseeable , even if a limited remedy set forth herein is found to have failed of its essential purpose .

assistant: Limitation of liability
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 service is comprised of works owned by zynga , and it is protected by copyright , trademark , trade dress , patent and other us and non-us intellectual property and other applicable laws , rules or regulations .

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: This Agreement and the other Loan Documents shall be binding on and shall inure to the benefit of the parties hereto and thereto and their respective successors and assigns permitted hereby, except that neither the Company nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the Lender’s prior written consent. The Lender may at any time (i) assign all or any part of its rights and obligations hereunder to any other Person, and (ii) grant to any other Person participating interests in all or part of its rights and obligations hereunder, provided , however , the consent of the Company (such consent not to be unreasonably withheld) shall be required unless (1) an Event of Default has occurred and is continuing at the time of such assignment or (2) such assignment is to an Affiliate of a Lender or an Approved Fund; provided further that the Company shall be deemed to have consented to any such assignment unless it shall object thereto by written notice to the Lender within ten (10) Business Days after having received notice thereof. The Company and each Borrower agrees to execute any documents reasonably requested by the Lender in connection with any such assignment. All information provided by or on behalf of the Company or any Borrower to the Lender or its Affiliates may be furnished by the Lender to its Affiliates and to any actual or proposed assignee or participant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the M & P Silver Family Partners case, in which all of plaintiffs wells are currently contaminated; the Village of Island Lake case, in which threatened well claims are to be dismissed without prejudice, to be reinstated against non-settling defendants only if the Treatment Protocol’s triggering conditions are met (see infra fn. 78); or to the plaintiffs in the People of California case (Citrus Heights Water District, Del Paso Manor Water District, Fair Oaks Water District, Florin Resource Conserva e Village of Island Lake will not pursue recovery for wells that are not contaminated now but become contaminated in the future below the level required for payment under the Treatment Protocol. See infra n. 78. 60 . But see In re MTBE Prods. Liab. Litig., 458 F.Supp.2d 149 (S.D.N.Y.2006) (<HOLDING>). 61 . Hearing Tr. at 65:20-21 (Mr. Sher). The Options: A. holding that argument offered in defense of decision below had been waived when not raised below B. holding that arguments not raised below are waived for appeal C. holding that 1252d1 bars the consideration of bases for relief that were not raised below and of general issues that were not raised below but not of specific subsidiary legal arguments or arguments by extension that were not made below D. holding that the sentence was reasonable in part because it was well below the statutory maximum E. holding that contamination below the mcl was an injury in fact for the purposes of standing and that summary judgment on claims for wells contaminated below the mcl was premature

assistant: The best answer is E. holding that contamination below the mcl was an injury in fact for the purposes of standing and that summary judgment on claims for wells contaminated below the mcl was premature
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: if you reside in the united states , you are contracting with airbnb , inc. , 888 brannan street , 4th floor , san francisco , ca 94103 , united states .

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 484 U.S. 171 108 S.Ct. 479 98 L.Ed.2d 478 Neil F. HARTIGAN, Attorney General of the State of Illinois, etc., et al., appellants,v.David ZBARAZ and Allan G. Charles etc. No. 85-673 Supreme Court of the United States December 14, 1987 Rehearing Denied Feb. 22, 1988. See 484 U.S. 1082, 108 S.Ct. 1064. PER CURIAM. 1 The judgment below is affirmed by an equally divided Court.

assistant: 5
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: It is the express intention and agreement of the parties that the provisions of Section 5 shall survive the termination of this Agreement, and that the provisions of Section 6 shall survive for two (2) years following the termination of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: credibility in that the complaints presumably accuse the officers of lying about the legality of their conduct. See Fed.R.Evid. 608(b) (allowing, in the discretion of the court, inquiry on cross-examination into specific instances of conduct probative of truthfulness). The excluded testimony is thus relevant and admissible. The district court could have properly excluded it under Federal Rule of Evidence 403, however, concluding that its probative value was substantially outweighed by the risk of unfair prejudice due to the inherently unreliable nature of unsustained complaints and the danger of confusing the issues and wasting time with mini-trials regarding the events underlying different complaints. See Fed.R.Evid. 403; United States v. Leake, 642 F.2d 715, 718 (4th Cir.1981) (<HOLDING>). In order to show a Confrontation Clause Options: A. holding on a criminal appeal that prior bad acts evidence is admissible to prove intent to commit the charged crime B. recognizing that rule 608b prior bad acts evidence admissible as probative of truthfulness is subject to rule 403 balancing C. recognizing rule D. recognizing that under the proper application of rule 608b extrinsic evidence of specific instances of bad conduct is made inadmissible when offered to prove a witnesss character for untruthfulness E. holding prior bad acts evidence is admissible where there is an articulation or identification of the consequential fact to which the proffered evidence of other acts is directed

assistant: The best answer is B. recognizing that rule 608b prior bad acts evidence admissible as probative of truthfulness is subject to rule 403 balancing
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: 33, 48 (2d Cir.2006) (interpreting the word “cause” in an insurance contract governed by New York law and stating that “[i]n a case where a covered and [non-covered] peril combine to cause a covered loss, courts typically apply the efficient proximate cause rule — meaning, that the insured is entitled to coverage only if the covered peril is the predominant cause of the loss or damage” (internal quotation marks omitted)); Siegel v. Chubb Corp., 33 A.D.3d 565, 825 N.Y.S.2d 441, 442 (1st Dep’t 2006). We should expect that if parties wish to override the settled principle that concurrent operation of a non-listed peril will not necessarily defeat coverage, they will be reasonably clear about it. See Pan Am. World Airways, Inc. v. Aetna Cas. & Sur. Co., 505 F.2d 989, 1007 (2d Cir.1974) (<HOLDING>). These parties were not. Second, Lexington Options: A. holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury B. holding that negligence must be the proximate cause of injury C. holding that the burden is on the petitioner for the writ of habeas corpus to show that the exclusion applies and that the extraordinary circumstances alleged rather than a lack of diligence on his part were the proximate cause of the untimeliness D. recognizing that limitations on the scope of a defendants liability may be analyzed under the rubric of proximate cause E. recognizing that the efficient proximate cause rule is adumbrated by the maxim contra proferentem if the insurer desires to have more remote causes determine the scope of exclusion he may draft language to effectuate that desire

assistant: The best answer is E. recognizing that the efficient proximate cause rule is adumbrated by the maxim contra proferentem if the insurer desires to have more remote causes determine the scope of exclusion he may draft language to effectuate that desire
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: trying to collect, and, therefore, interpretation which treats the two claims as arising from distinct events turns a blind eye to reality); Taborski v. U.S., 141 B.R. 959 (N.D.Ill.1992) (debtor’s claim against IRS and IRS’ claim against debtor arose out of same transaction and occurrence, which was IRS’ attempt to collect the taxes); In re Lile, 103 B.R. 830, 835 (Bankr.S.D.Tex.1989) aff'd 161 B.R. 788 (S.D.Tex.1993) (IRS claim for unpaid taxes and debtor’s claim for damages for post-petition levy arose out of same transaction or occurrence). Contra In re Rebel Coal Co., Inc., 944 F.2d 320 (6th Cir.1991) (concluding that claim for attorneys' fees did not arise out of same transactions as a tax collection claim); In re Academy Answering Service, Inc., 100 B.R. 327, 330 (N.D.Ohio 1989) (<HOLDING>). 9 . Accord In re Boldman, 157 B.R. 412 Options: A. holding that irs was bound by plan and bankruptcy codes method of determining amount of nondischargeable claim where irs had filed proof of claim for nondischargeable tax debt B. holding that a decedents tax settlement with the irs did not establish the value of his estates claim against the irs as a matter of law C. holding that although the automatic stay only applies to proceedings against the debtor counterclaims seeking affirmative relief against a debtor implicate the automatic stay D. holding that the otherwise harmless violation of the automatic stay did not suffice to deprive the irs of the postpetition interest setoff to which it would have been entitled had it first sought a lifting of the stay from the bankruptcy court E. holding that irs claim for taxes and claim of debtor against irs for violation of automatic stay did not arise out of the same transaction or occurrence

assistant: The best answer is E. holding that irs claim for taxes and claim of debtor against irs for violation of automatic stay did not arise out of the same transaction or occurrence
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: As a condition to exercising the Stock Option, in whole or in part, Participant will pay to the Company, or, to the extent approved by the Committee, make provisions satisfactory to the Company for payment of any federal, state or local tax in respect of the exercise or the transfer of the Shares pursuant to Section 15(d) of the Plan.

assistant: Tax 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 7.1.6 when you accept or have pre-approved a booking request by a guest , you are entering into a legally binding agreement with the guest and are required to provide your host service ( s ) to the guest as described in your listing when the booking request is made .

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: Consultant represents that as of the date hereof he has expressly advised senior-most management of the Company any information that he believes is not otherwise already known to such management and that would be material to such management in connection with the preparation and completion of the Company’s Form 10-K for the fiscal year ended December 31, 2015, including without limitation the financial information contained therein, and with the future business and operations of the Company and the Bank.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is no general entitlement to a perfectly written statute, but only to a statute that gives fair warning of the offense. See Duncantell, 230 S.W.3d at 845. Further, the statute must be sufficiently definite to avoid the possibility of arbitrary and erratic arrests and convictions. Id. Nyabwa points to no words of the statute that would confuse a person of ordinary intelligence. He makes an argument that the portion of the statute requiring that the photograph be taken “with intent to arouse or gratify the sexual desire of any person” is subjective. See Tex. Penal Code Ann. § 21.15(b)(1)(B). However, we previously have considered and rejected the argument that this phrase is unconstitutionally vague. See Byrum v. State, 762 S.W.2d 685, 687-88 (Tex.App.-Houston [14th Dist.] 1988, no pet.) (<HOLDING>); see also Lo v. State, — S.W3d - at -, 2011 WL Options: A. holding that sexual contact unambiguously encompasses the touching of oneself B. holding that 18 usc 2422b which prohibited using the mail or any facility or means of interstate or foreign commerce or within the special maritime and territorial jurisdiction of the united states to knowingly persuaden induce entice or eoerce any individual who has not attained the age of 18 years to engage in prostitution or any sexual activity is not impermissibly vague C. holding that the first charging phrase of section 505 is unconstitutionally vague as applied where it was not clear whether touching a minors genitals through her pants constituted sexual conduct as defined by the statute D. holding that statute which defined sexual contact as any touching of the anus breast or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person was not vague E. holding that touching anus and touching genitals are separate offenses under penal code section 2211a1

assistant: The best answer is D. holding that statute which defined sexual contact as any touching of the anus breast or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person was not vague
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 BORROWER, THE AGENT AND THE LENDERS HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR ANY OTHER LOAN DOCUMENT OR THE ACTIONS OF THE BORROWER, THE AGENT OR ANY LENDER IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF.

assistant: Waiver Of Jury Trials
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 any reason, this Repurchase Agreement at any time shall not be in full force and effect or ceases to be enforceable in accordance with its terms, or any Lien granted pursuant thereto, or any Person (other than Buyer) shall contest the validity, enforceability, perfection or priority of any Lien granted pursuant thereto, or any party thereto (other than Buyer) shall seek to disaffirm, terminate, limit or reduce its obligations hereunder.

assistant: Enforceability
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 Employee’s employment is terminated due to his death, this Agreement shall terminate and the Company shall have no obligations to Employee or his estate, beneficiaries or legal representatives with respect to this Agreement other than payment of the Accrued Amounts, if any. Accrued Amounts, if any, shall be paid to Employee in accordance with the Company’s customary payroll practices as in effect from time to time but in no event later than 15 days following Employee’s termination of employment on account of death. Notwithstanding the foregoing, in the event of his death, Employee shall be considered as immediately and totally vested in any and all outstanding Awards previously granted to Employee by Company or its subsidiaries; provided, however, with respect to Awards that are deferred compensation subject to Code Section 409A, such accelerated vesting shall not cause an acceleration of a payment or result in a change in form of payment that would violate Code Section 409A.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: stated: “These definitions are taken largely from the New York Revised Penal Law.” Commission to Revise the Criminal Statutes, Connecticut Penal Code Comments (1969) p. 25. Indeed, the relevant portion of the definition of sexual intercourse in P.A. 828 tracks the New York counterpart exactly. See N.Y. Penal Law § 130.00 (1) (McKinney 1967). The definition found in N.Y. Penal Law § 130.00 (1), in turn, originally derived from § 280 of the New York Penal Code of 1881. Therefore, because our statute was modeled after the New York statute, we find the interpretation of the phrase “penetration, however slight” by the New York Court of Appeals to be particularly persuasive in construing the equivalent language in § 53a-65. See State v. Havi-can, 213 Conn. 593, 601, 569 A.2d 1089 (1990) (<HOLDING>). Our conclusion that the “common-law Options: A. recognizing that code is speech B. holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law C. holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york D. holding connecticut law applied where contract negotiations took place in new york and texas agreement was signed by one party in texas forwarded to the other partys headquarters in connecticut and last act necessary to complete the contract ie the signing by the last party was performed in connecticut E. recognizing that because the drafters of the connecticut penal code relied heavily upon the penal code of new york it is appropriate to look to new york statutory and case law for guidance in interpreting connecticut penal code

assistant: The best answer is E. recognizing that because the drafters of the connecticut penal code relied heavily upon the penal code of new york it is appropriate to look to new york statutory and case law for guidance in interpreting connecticut penal code
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: warrants so long as facts known to Stephan and his staff provided them with probable cause to believe that Kaul had violated these provisions. Regarding the warrant alleging a violation of K.S.A. § 79-3615(g), Van Petten included an affidavit of Mark Ciardullo, the then-custodian of the Kansas Business Tax Bureau, who swore that Kaul did not have a current or valid Kansas retailers’ sales tax registration certificate and was not remitting Kansas sales tax. Regarding the warrant alleging a violation of K.S.A. § 79-3321, the officers observed a bounty of cigarettes without the tax stamps attached in plain view at a store that did not have a valid sales tax registration certifícate and which had not collected and remitted any state sales tax. We believe that these facts provid (1990) (<HOLDING>). Compare Ross v. Neff, 905 F.2d 1349, 1352 Options: A. holding that the kansas act unambiguously confers jurisdiction on kansas to prosecute all offenses major and minor committed by or against indians on indian reservations in accordance with state law B. holding that based on kansas exercise of criminal jurisdiction over an indian on reservation pursuant to kansas act and ksa 793321 state had jurisdiction in rem to seize contraband cigarettes from his store on reservation C. holding that the state has no jurisdiction to pursue an indian onto an indian reservation for criminal offenses committed off the reservation D. holding that state has no jurisdiction over civil suit by nonindian against indian where cause of action arises on indian reservation E. holding that because congress enacted the kansas act to confer criminal jurisdiction over all indians in kansas indian selling cigarettes on an indian reservation was subject to ksa 793321 and 793322

assistant: The best answer is B. holding that based on kansas exercise of criminal jurisdiction over an indian on reservation pursuant to kansas act and ksa 793321 state had jurisdiction in rem to seize contraband cigarettes from his store on reservation
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 Closing of this Agreement shall take place at the offices of Paul Law Group, LLP, 902 Broadway, 6 th Floor, New York, NY, at 9:00 A.M. EST on May 6, 2016, or at such other time and place as the Company and Eagle pursuant hereto shall mutually agree, either orally or in writing (which time and place are designated as the “ Closing ”).

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: on behalf of’ MBC. The record also discloses that the contract makes no reference to MBC and was signed by Mullís as “Contractor.” The record further discloses that payments were made to Mullís, not MBC, and that the payments were deposited into Mullis’s personal account, not into MBC’s account in a separate bank. This evidence supports the trial court’s findings and its ultimate conclusion that Mullís was individually liable for any damages suffered by the Brennans. If Mullís wanted to act as agent for MBC and bind the corporation to the contract, he should have signed the contract in his corporate capacity. This would have had the effect of insulating him from liability. See Winkler v. V.G. Reed & Sons, Inc., 619 N.E.2d 597, 599 (Ind.Ct.App.1993), aff'd, 638 N.E.2d 1228 (Ind.1994) (<HOLDING>). Mullís, without any citation to authority, Options: A. holding that the general corporate laws are incorporated into the corporate charter B. holding defendants personally liable for alleged conversion even when acting in corporate capacity C. holding that the plaintiffs were entitled to discovery to determine whether the defendant intended to be bound in his personal andor corporate capacity where the agreement contained certain personal guarantees by the defendant but where the defendant signed the agreement only in a corporate capacity with no signature blocks provided for signing in a personally capacity D. holding that a corporate officer signing a contract in his corporate capacity is generally not liable for damages under the contract E. holding that a corporate officer acting in his or her official capacity could not tortiously interfere with a corporate contract because corporations act only through their officers and agents

assistant: The best answer is D. holding that a corporate officer signing a contract in his corporate capacity is generally not liable for damages under the contract