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 legal provision and list the applicable contract clause categories. Provision: The parties acknowledge and agree that the other would be irreparably injured by a breach of this Agreement and that money damages are an inadequate remedy for an actual or threatened breach of this Agreement. Accordingly, the parties agree to the granting of specific performance of this Agreement and injunctive or other equitable relief as a remedy for any such breach or threatened breach, without proof of actual damages, and further agree to waive any requirement for the securing or posting of any bond in connection with any such remedy. Such remedy shall not be deemed to be the exclusive remedy for a breach of this Agreement, but shall be in addition to all other remedies available at law or equity.

assistant: Specific Performance
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: treatment and the dates of such treatment. 2 Soott N. Stone & Robert K. TayloR, Testimonial Privileges § 7.13 (2d ed. 1993) (emphasis added). See Gechoff v. Our Lady of Victory Hosp., 190 A.D.2d 1060, 593 N.Y.S.2d 682, 683 (N.Y.App.Div.1993) (concluding “that the disclosure of the identity of [a] nonparty witness does not violate the doctor-patient privilege” provided by statute); House v. SwedishAmerican Hosp., 206 Ill.App.3d 437, 151 Ill.Dec. 467, 564 N.E.2d 922, 927 (1990) (“Simply revealing [a] patient’s identity, in and of itself, will not result in the disclosure of confidential communications. It is evident that disclosure of the patient’s name does not violate the physician-patient privilege.”); Jenkins v. Metropolitan Life Ins. Co., 171 Ohio St. 557, 173 N.E.2d 122, 125 (1961) (<HOLDING>); Wolf v. Colorado, 117 Colo. 279, 187 P.2d Options: A. holding that defendant medical center which allowed a patient who would likely cause bodily harm to his wife if he had the opportunity to leave the center for a weekend could be liable for the patients actions of killing his wife and her paramour during that weekend because inter alia when the course of treatment of a mental patient involves an exercise of control over him by a physician who knows or should know that the patient is likely to cause bodily harm to others an independent duty arises from that relationship and falls upon the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient punctuation omitted emphasis supplied B. holding that the patientphysician privilege does not prevent testimony by a physician as to the fact that he was consulted by a patient on a certain date C. holding that testimony of a physician that a certain individual consulted with him was not privileged D. holding that in a modification of custody proceeding a custodial parent may not invoke the privilege to prevent testimony by a physician or psychotherapist as to the childpatients communication relevant to abuse and neglect E. holding that obstetrician who consulted with patients treating physician by telephone was not in physicianpatient relationship and therefore owed no duty to patient obstetrician did no more than answer professional inquiry of colleague and did not contact examine or treat patient

assistant: The best answer is B. holding that the patientphysician privilege does not prevent testimony by a physician as to the fact that he was consulted by a patient on a certain date
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 the passage of the Federal Death Penalty Act of 1994, 18 U.S.C. §§ 3591-3598 (1994), Pub. L. No. 103-322, Title VI, § 60026,108 Stat. 1982. In pertinent part, § 3005 reads: Whoever is indicted for treason or other capital crime shall be allowed to make his full defense by counsel; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases.... 18 U.S.C. § 3005 (2000). On its face, the statute is clear that two attorneys must be appointed to represent a defendant promptly upon the defendant’s request after the defendant is indicted for a capital crime. See In re Sterling-Suarez, 306 F.3d 1170, 1173 (1st Cir.2002) (<HOLDING>). The question we address in this case is Options: A. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty B. holding that the judicial determination of fugitive status must be made only after the probationer has been found and brought before the court regardless of whether this occurs before or after the date on which probation was originally to have expired C. holding that the statutory requirement applies promptly after indictment not only after the attorney general has made a determination to seek the death penalty D. holding that the confrontation clause applies through the finding of guilt but not to sentencing even when that sentence is the death penalty E. holding that the decision to seek the death penalty is made by a separate branch of the government and is therefore not a cognizable federal issue

assistant: The best answer is C. holding that the statutory requirement applies promptly after indictment not only after the attorney general has made a determination to seek the death penalty
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: Passenger Corp. v. Morgan, 536 U.S. 101, 115, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002)). A hostile work environment claim, which was not alleged here, would allow full review because it is likely comprised of a series of repeated acts, some of which may fall outside the filing period. However, “[a]n employer’s denial of a request for a reasonable accommodation,” which is what Dick alleged here, “is a discrete act of discrimination that is an independently actionable unlawful employment practice under the ADA [or the Rehabilitation Act].” Id. at 442 (emphasis added). Thus, because the district court was only considering DSU’s purported denial of Dick’s accommodation request, the district court did not err by failing to considered the entire record. Morgan, 536 U.S. at 114, 122 S.Ct. 2061 (<HOLDING>). C. Adverse Employment Action Dick argues that Options: A. holding that an individual could recover for acts occurring outside the statutory time period if at least one act occurred within the time period and the acts were part of the same hostile work environment B. holding that the court can only consider evidence of other acts of harassment of which a plaintiff becomes aware during the period of his or her employment C. holding that the court may only consider the discrete acts that occurred within the appropriate time period D. recognizing an exception to the limitation period where the unlawful employment practice manifests itself over time rather than as a series of discrete acts E. holding that 42 usc 2000e5el precludes recovery for discrete acts of discrimination or retaliation that occur outside the statutory time period

assistant: The best answer is C. holding that the court may only consider the discrete acts that occurred within the appropriate time period
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement supersedes any and all other prior understandings and agreements, either oral or in writing, between the parties with respect to the subject matter hereof and constitute the sole and only agreements between the parties with respect to the said subject matter. All prior negotiations and agreements between the parties with respect to the subject matter hereof are merged into this Agreement. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or by anyone acting on behalf of any party, which are not embodied in this Agreement and that any agreement, statement or promise that is not contained in this Agreement shall not be valid or binding or of any force or effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and murdered Special Agent Watson. (Doc. 15.) Defendant—similar to the defendant in Mohammad-Omar—had ample reason to anticipate being into a court for allegedly committing a criminal offense. The extradition treaty between the United States and Colombia specifically permits the extradition of Colombian nationals to the United States for prosecution for kidnapping and murder. See Extradition Treaty with the Republic of Colombia, U.S.-Colom., Sept. 14, 1979, S. Treaty Doa No. 97-8 (1981). Both the Ninth Circuit and the D.C. Circuit have construed treaties as providing notice that “certain generally condemned acts are subject to prosecution by any party to the treaty.” United States v. Ali, 718 F.3d 929, 944 (D.C.Cir.2013) (citing United States v. Shi, 525 F.3d 709 (9th Cir.2008)) (<HOLDING>). The Court similarly construes this Options: A. holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states B. holding that the commandant of the united states disciplinary barracks and the united states are identical parties C. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process D. holding that despite plaintiffs allegations of a conspiracy they did not suggest that any of the acts committed by individual defendants occurred in the united states E. recognizing federal constitutional claim against the united states

assistant: The best answer is C. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process
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: 430 U.S. 140 97 S.Ct. 1166 51 L.Ed.2d 228 UNITED STATES, plaintiff,v.States of FLORIDA and Texas No. 54 Supreme Court of the United States February 23, 1977 Feb. 23, 1977. PER CURIAM. 1 The exceptions of the States of Florida and Texas to the Report of the Special Master, 429 U.S. 810, 97 S.Ct. 48, 50 L.Ed.2d 70 (1976), are overruled and the motion for leave to file a counterclaim is denied.

assistant: 10
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 and other communications provided for herein shall be in writing and shall be delivered by hand or sent by certified or registered mail, return receipt requested, postage prepaid, addressed, if to the Participant, to the Participant’s attention at the mailing address set forth on the signature page of this Agreement (or to such other address as the Participant shall have specified to the Company in writing) and, if to the Company, to the Company’s office at 2366 Bernville Road, Reading, Pennsylvania 19605, Attention: General Counsel (or to such other address as the Company shall have specified to the Participant in writing). All such notices shall be conclusively deemed to be received and shall be effective, if sent by hand delivery, upon receipt, or if sent by registered or certified mail, on the fifth day after the day on which such notice is mailed.

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: This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract, and shall become effective as provided in Section 9.03. Delivery of an executed signature page to this Agreement by facsimile or other customary means of electronic transmission, including by PDF file, shall be as effective as delivery of an original signed counterpart of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was not decided below, this Court could still consider it under the circumstances of the instant case.”); Tuxedo Cheverly Volunteer Fire Co. v. Prince George’s County, 39 Md.App. 322, 327, 385 A.2d 819 (1978) (“[A]ppellate courts exercise a measure of discretion in considering issues tried but not decided below. ...”). See Heat Exchangers, Inc. v. Map Constr. Corp., 34 Md.App. 679, 681, 368 A.2d 1088 (1977). Accordingly, we reject the Council’s argument that the “taking” issue is not ripe for consideration. A. General Zoning Authority In Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 43 S.Ct. 158, 67 L.Ed. 322 (1922), the United States Supreme Court stated the general law of takings as it relates to the regulation of private property: The protection o .Supp. 991, 997-99 (D.Md.1982) (<HOLDING>); Barrett v. Poinsett County, 306 Ark. 270, 811 Options: A. holding that plaintiffs claim that cloud was cast upon their title coupled with sovereign immunity asserted by the government gave rise to an unconstitutional taking was without merit because plaintiffs did not allege any harm other than to future speculative opportunities B. holding that plaintiffs claim was not barred by sovereign immunity because he sought specific relief against a government official C. holding that a plaintiffs belief that a product could fail in the future is not without more a legal injury sufficient to support plaintiffs claim D. holding that plaintiffs legal malpractice claim was not ripe until the appeal had been exhausted because plaintiffs harm remained speculative until then E. holding that plaintiffs had not satisfied their burden to show that the arbitration agreement was unenforceable because plaintiffs claims of prohibitive costs were too speculative

assistant: The best answer is A. holding that plaintiffs claim that cloud was cast upon their title coupled with sovereign immunity asserted by the government gave rise to an unconstitutional taking was without merit because plaintiffs did not allege any harm other than to future speculative opportunities
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: most of their passage) fly within international airspace before returning to domestic territory, the occupants have always been subject to being charged under this hitherto overlooked definition of “importation.” The government’s novelty seems all the more striking in this Circuit, where notwithstanding the hundreds (perhaps thousands) of such daily flights, the government has somehow throughout these many years never pressed such a theory of importation. Is this attributable to prosecutorial benevolence or incompetence? Certainly not. What we have is the tacit recognition that such acts could not reasonably be considered “importation” within § 952(a). “Whatever other statutes defendants may have violated, they did not violate this one.” Maravilla, 907 F.2d at 223 (Breyer, C.J.) (<HOLDING>). We have a similar situation with waterborne Options: A. holding that united states attorney was not required to abide by a secret service agents promise to a defendant to drop federal charges in exchange for defendants cooperation where the united states attorney never sanctioned the agreement and the promise was clearly outside the agents authority B. holding that appellant was not harmed where defendant never asserted that he was not a us citizen and no evidence in the record suggested he was not a us citizen C. holding that custom agents who murdered a dominican citizen who was temporarily in the united states did not violate civil rights statute because the victim was not an inhabitant D. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process E. holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states

assistant: The best answer is C. holding that custom agents who murdered a dominican citizen who was temporarily in the united states did not violate civil rights statute because the victim was not an inhabitant
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: 4 . The parties do not contest the question of whether Plaintiffs’ contract in this action satisfies the nexus to interstate commerce requirement of the FAA. (See Pl.'s Opp. at 6, n. 2; Defs.’ Consolidated Mot. at 2-3.) Accordingly, the court finds that for the purposes of this Memorandum Opinion and Order, Plaintiff's contract satisfies this jurisdictional prerequisite of the FAA. See generally, Allied-Bruce Terminix Companies, Inc. v. Dobson, 513 U.S. 265, 115 S.Ct. 834, 130 L.Ed.2d 753 (1995); Staples v. Money Tree, Inc., 936 F.Supp. 856 (M.D.Ala.1996). 5 . Plaintiff contends that: (1) "Green Tree is a creditor within the g that claims arising under § 12(a)(2) of the Securities Actof 1933, 15 U.S.C.A. § 771(a)(2), maybe subject to arbitration); McMahon, 482 U.S. at 238-42 (<HOLDING>); Mitsubishi Motors, 473 U.S. at 629 (holding Options: A. holding that claims arising under the racketeer influenced and corrupt organizations act 18 usca 19611968 may be subject to arbitration B. holding claims based on the fair labor standards act subject to arbitration C. holding that claims arising under the age discrimination in employment act may be subject to arbitration D. holding claims based on title vii subject to arbitration E. holding civil rico and robinsonpatman act claims subject to arbitration based on an arbitration provision in salesconfirmation forms

assistant: The best answer is A. holding that claims arising under the racketeer influenced and corrupt organizations act 18 usca 19611968 may be subject to arbitration
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, whether or not the transactions contemplated hereunder are consummated or this Agreement is terminated, in accordance with the provisions of Section 11 hereunder, will pay the following expenses incident to the performance of its obligations hereunder, including, but not limited to, expenses relating to ( A ) the preparation, printing and filing of the Registration Statement and each amendment and supplement thereto, of each Prospectus and of each amendme nt and supplement thereto, (B) the preparation, issuance and delivery of the Placement Shares, (C) the qualification of the Placement Shares under securities laws in accordance with the provisions of Section 7(d) of this Agreement, including filing fees (provided, however, that any fees or disbursements of outside counsel for Cowen in connection therewith shall be paid by Cowen except as set forth in clause s (G) and (H) below ), ( D ) the printing and delivery to Cowen of copies of the Prospectus and any amendments or supplements thereto, and of this Agreement, ( E ) the fees and expenses incurred in connection with the listing or qualification of the Placement Shares for trading on Nasdaq , (F) the filing fees and expenses, if any, of the Commission , ( G ) the filing fees and associated legal expenses of Cowen’s outside counsel for filings with the FINRA Corporate Financing Department , such legal expense reimbursement not to exceed $ 12 ,000 and (H) the reasonable fees and disbursements of Cowen’s outside counsel in an amount not to exceed $50,000 .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if any provision of this agreement is judged to be illegal or unenforceable , the continuation in full force and effect of the remainder of the provisions shall not be prejudiced .

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: There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Company, threatened against or affecting the Company or any of the Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (ii) that involve any of the Loan Documents or the Transactions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: instruction may have referred to ignorance of the Hobbs Act itself, but given the absence of any instruction on the defendant’s subjective intent with respect to the element of wrongfulness, the jury may have concluded that it could find Sturm guilty of attempted extortion even if it found credible his claim that he sincerely believed that he was legally entitled to a fee for helping WCIS locate the logbooks. We hold that the instruction which permitted such a conclusion is erroneous. It is not clear whether the defendant made an adequate objection to this instruction on this ground at trial. Rule 30 requires a party to “stat[e] distinctly the matter to which he objects and the grounds for his objection.” Fed.R.Crim.P. 30; see United States v. Glenn, 828 F.2d 855, 862 (1st Cir.1987) (<HOLDING>); United States v. Harrigan, 586 F.2d 860, 864 Options: A. holding that claims based on grounds not objected to at trial cannot be considered on appeal B. holding that the defendant objected to the evidence on only one ground thus he failed to preserve the additional grounds presented on appeal C. holding that defendant must have clearly objected at trial to the matter he is raising on appeal D. holding that appellate court could not consider objection to testimony when defendant objected at trial on different grounds E. holding party may not argue one ground at trial and another on appeal where appellant did not object to testimony at trial on the grounds raised on appeal that it was improper character evidence but objected only on the basis of relevancy issue was not preserved for review

assistant: The best answer is C. holding that defendant must have clearly objected at trial to the matter he is raising on appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Separation Agreement contains the entire agreement between the parties concerning the separation of the Employee from all positions of the Employee with the Employer. This Agreement, the Separation Agreement and any agreement, instrument or document to be executed in connection herewith (as referenced herein) contain the parties’ entire understanding and agreement with respect to the subject matter hereof (the termination of Employee’s employment and directorships with Employer, the Separation Payment and the treatment of the outstanding equity awards currently held by Employee and the release of any potential related claims). Any discussions, agreements, promises, representations, warranties or statements between the parties or their representatives (whether or not conflicting or inconsistent) that are not expressly contained or incorporated herein or in the Separation Agreement shall be null and void and are merged into this Agreement, except that any confidentiality agreement, non-solicitation agreement, invention or intellectual property rights or assignment, equity award agreement or other agreement between Employer and Employee, and any qualified or non-qualified plan document expressly covering a party’s rights after termination of employment, shall remain in full force and effect, in accordance with its terms, after the execution of this Agreement, except to the extent specified in this Agreement or the Separation Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of this Amendment and the Amended Credit Agreement constitutes the legal, valid and binding obligation of the Borrowers, enforceable against the Borrowers in accordance with its terms, except as limited by bankruptcy, insolvency or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and general principles of equity.

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: Any notice or communication mailed to the Warrantholders shall be mailed to each Warrantholder at the Warrantholder’s address as it appears in the Registry and shall be sufficiently given if so mailed within the time prescribed. Any notice to holders of a beneficial interest in a Global Warrant shall be distributed through the Depositary in accordance with the procedures of the Depositary. Communications to such holders shall be deemed to be effective at the time of dispatch to the Depositary.

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: During the Term, the Company shall pay Executive an annual base salary (“Base Salary”) in the amount of One Hundred Seventy Thousand Seven Hundred Fifty and 00/100 Dollars ($170,750.00), less required withholdings and authorized deductions, pro-rated during the Term of this Agreement and payable in equal bi-monthly installments pursuant to the Company’s regular payroll practices; provided, however, that in the event this Agreement is terminated before twelve (12) months from the Employment Status Change Date, or before any agreed extension of the Term beyond such twelve months, for any of the reasons set forth in below, the Company will have no obligation to continue making any further such payments to Executive.

assistant: Base Salary
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: had reached the merits of the case under the public interest exception, but decided that the lower court erred in reaching the mer its and dismissed the case as moot. Id. at 766. The supreme court, in briefly commenting upon the public interest exception, stated: This Court has not previously decided the viability of the public interest exception, and we find it unnecessary to reach that issue here. As articulated by the court of appeals, the public interest exception permits judicial review of questions of considerable publ el, No. 05-0600990-CV, 1998 WL 122409 *1 n. 3 (Tex.App.-Dallas March 20,1998, no pet.) (not designated for publication) (refusing to recognize public interest exception); Univ. Interscholastic League v. Buchanan, 848 S.W.2d 298, 304 (Tex.App.-Austin 1993, no pet.) (<HOLDING>). Furthermore, there is a case from this court, Options: A. recognizing exception B. recognizing public policy exception to atwill doctrine C. recognizing the public interest exception D. recognizing such an exception E. recognizing the rule and the exception but holding facts did not support claim to exception

assistant: The best answer is C. recognizing the public interest exception
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court’s decision to tax “the claimants for benefits they have received and costs they would have incurred” to be a just exercise of its equitable powers. Id. at 1575. C. The Applicability of the Ex Post Facto Clause to 21 U.S.C. § 881 Next, Griffin appeals the district court’s denial in the consolidated action of his motion for judgment n.o.v. or alternatively for a new trial. Griffin first points out that in the consolidated action, the jury found that the nine gold bars which the government was permitted to forfeit were purchased before 1978. However, Griffin explains, 21 U.S.C. § f forfeiture proceedings has been held to bar the application of important constitutional protections. See United States v. One Assortment of 89 Firearms, 465 U.S. 354,104 S.Ct. 1099, 79 L.Ed.2d 361 (1983) (<HOLDING>); United States v. $250,000 in United States Options: A. holding that double jeopardy clause did not apply to forfeiture proceeding before the court B. holding that conviction did not violate double jeopardy where jury was empaneled and sworn in criminal trial before defendant filed answer to forfeiture complaint C. holding that unlike under the federal constitution a civil forfeiture is punishment under the new mexico double jeopardy clause D. holding that a delinquency proceeding places a juvenile in jeopardy for purposes of the double jeopardy clause E. holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment

assistant: The best answer is A. holding that double jeopardy clause did not apply to forfeiture proceeding before the 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 legal provision and list the applicable contract clause categories. Provision: Except as provided in the Plan, the Phantom Unit award is restricted in that it may not be sold, transferred or otherwise alienated or hypothecated until these restrictions are removed or expire as contemplated in Section 6 of this Agreement and as described in the Notice of Grant. The Phantom Unit Award is also restricted in the sense that it may be forfeited to the Company (the “ Forfeiture Restrictions ”) as described in Section 7 of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 544(b) of the Bankruptcy ■ Code, he steps into the shoes of. an unsecured , qreditor rather than those of a debtor. Section 108 involves a trusfee’s actions brought oh behalf of a debtor and does not apply ____’’ (citations omitted)); Stanley ex rel. Estate of Hale v. Trinchard, 579 F.3d 515, 520 (5th Cir.2009) (same). 10 . The three applications that raise the fraudulent obligation counts were entered into on November 22, 2006, December 5, 2007,f and July 5, 2008) respectively. Under TÜFTA, any claim is extinguished if not filed within four years. The general consensus among the courts,-however, is that the limitations period of § 546 "preempts” a state’s statute of limitations (or repose). Rund v. Bank of America Corp. (In re EPD Inv. Co., LLC), 523 B.R. 680, 692 (9th Cir. BAP 2015) (<HOLDING>); Gibbons v. First Fidelity Bank, N.A. (In re Options: A. holding on facts similar to those in dmart that the 546a limitation period runs from appointment of chapter 7 trustee after case was converted from chapter 11 B. holding the trustee may bring the avoidance action under 544b provided it is filed within the limitations period in 546a C. holding that a chapter 7 trustee was the only person with authority to bring a cause of action after the appointment of a trustee D. holding that the charge was timely when filed within the statute of limitations period even though served after the period E. holding that chapter 13 debtors have standing to bring avoidance actions by reasoning that chapter 13 trustee has standing but little incentive to bring avoidance actions that will result in benefit to debtors of recovering exempt assets

assistant: The best answer is B. holding the trustee may bring the avoidance action under 544b provided it is filed within the limitations period in 546a
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) With respect to any owned real property or fixtures thereon, in each case with a purchase price or a fair market value at the time of acquisition of at least $ 2,000,000 7,500,000 , in which any Loan Party acquires ownership rights at any time after the Closing Date, promptly grant to the Collateral Agent for the benefit of the Secured Parties, a Lien of record on all such owned real property and fixtures, upon terms reasonably satisfactory in form and substance to the Collateral Agent and in accordance with any applicable requirements of any Governmental Authority (including any required appraisals of such property under FIRREA or flood determinations under Regulation H of the Board); provided that (i) nothing in this Subsection 7.9 shall defer or impair the attachment or perfection of any security interest in any Collateral covered by any of the Security Documents which would attach or be perfected pursuant to the terms thereof without action by the Parent Borrower, any of its Restricted Subsidiaries or any other Person and (ii) no such Lien shall be required to be granted as contemplated by this Subsection 7.9 on any owned real property or fixtures the acquisition of which is, or is to be, financed or refinanced, in whole or in part through the incurrence of Indebtedness, until such Indebtedness is repaid in full (and not refinanced) or, as the case may be, the Parent Borrower determines not to proceed with such financing or refinancing. In connection with any such grant to the Collateral Agent, for the benefit of the Secured Parties, of a Lien of record on any such real property in accordance with this Subsection 7.9 , the Parent Borrower or such Restricted Subsidiary shall deliver or cause to be delivered to the Collateral Agent any surveys, title insurance policies, environmental reports and other documents in connection with such grant of such Lien obtained by it in connection with the acquisition of such ownership rights in such real property or as the Collateral Agent shall reasonably request (in light of the value of such real property and the cost and availability of such surveys, title insurance policies, environmental reports and other documents and whether the delivery of such surveys, title insurance policies, environmental reports and other documents would be customary in connection with such grant of such Lien in similar circumstances).

assistant: Subsidiaries
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, requests and other communications hereunder shall be in writing and shall be delivered by courier or other means of personal service (including by means of a nationally recognized courier service or professional messenger service), or sent by telex or telecopy or mailed first class, postage prepaid, by certified mail, return receipt requested, in all cases, addressed to the Company or the Board at the Company’s principal executive office and to Employee at the most recent address on the Company’s payroll records. All notices, requests and other communications shall be deemed given on the date of actual receipt or delivery as evidenced by written receipt, acknowledgement or other evidence of actual receipt or delivery to the address. In case of service by telecopy, a copy of such notice shall be personally delivered or sent by registered or certified mail, in the manner set forth above, within three business days thereafter. Any party hereto may from time to time by notice in writing served as set forth above designate a different address or a different or additional person to which all such notices or communications thereafter are to be given.

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: the assignment of antitrust claims. See Gulfstream III Associates, Inc. v. Gulfstream Aerospace Corp., 995 F.2d 425, 431, 438-439 (3d Cir.1993). The assignment agreement in Gulfstream “sold, assigned, transferred and set over ... all of the rights, title, and interest in and to” an aircraft and the related Purchase Agreement. Id. The assignment did not mention the transfer of any rights in and to legal claims, let alone claims specifically arising under the antitrust laws. See id. Shortly after Gulfstream was decided, the Third Circuit clarified that for an assignment to be express, it need not name the type of claims included in the assignment (e.g. antitrust or RICO) but rather must be "unambiguous and all-inclusive.” See Lerman v. Joyce Intern., Inc., 10 F.3d 106, 112 (3d Cir.1993) (<HOLDING>); accord In re Linerboard Antitrust Litigation, Options: A. holdingthat the language of an arbitration clause applying to all claims demands disputes or controversies of every kind or nature that may arise concerning the vehicle was not ambiguous and was broad enough to encompass the claims at issue B. holding that state courts have concurrent jurisdiction over rico claims and that plaintiffs federal rico claim was barred by res judicata since he failed to bring his rico claim along with his state fraud claims in prior state court action C. holding that a preliminary injunction was a reasonable means of preserving the status quo and was of the same character as the ultimate relief sought when a few but not all of the causes of action in the complaint were of an equitable nature including causes of action for unjust enrichment and imposition of constructive trust D. holding that an assignment of all causes of action claims and demands of whatsoever nature constituted an express assignment of rico claims E. holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan

assistant: The best answer is D. holding that an assignment of all causes of action claims and demands of whatsoever nature constituted an express assignment of rico claims
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 his injuries. The second impairment that could potentially support a claim of disability under the ADA is the shoulder injury that William sustained in the second accident. From March through June of 1998, William was released for employment by his physician despite his still-injured shoulder. Although this is a physical impairment, there is insufficient evidence to suggest that any of his major life activities were substantially limited by the injury. As before, there is no evidence that this injury prevented William from performing “a class of jobs” or a “broad range of jobs in various classes.” William has therefore failed to establish that any major life activities were substantially limited by his shoulder impairment. See Kelly v. Drexel Univ., 94 F.3d 102, 105 (3d Cir.1996) (<HOLDING>). Accordingly, because William is unable to Options: A. holding that the scope of crossexamination did not extend to any bad acts committed by the defendant during his life where defendant presented evidence of adverse circumstances that he experienced in his early childhood rather than evidence of his general good character B. holding that the district court did not err in finding the record sufficient to conclude prior conviction qualified as a violent felony for purposes of the acca as the evidence was sufficient to conclude the criminal action charged in one court was the basis for a judgment against the defendant in a different court C. holding that the test for harmless error is whether in the mind of the average juror the prosecutions case would have been significantly less persuasive had the improper evidence been excluded citations and internal quotation marks omitted D. holding that the question presented is whether he adduced sufficient evidence from which a factfinder reasonably could conclude that the nature and severity of his injury significantly restricted his ability to walk as compared with an average person in the general population E. holding that nonexpert evidence of the plaintiffs state of general health before the wreck as compared to his physical condition afterwards was sufficient to allow a layperson of common knowledge and experience to conclude that his wreck made it necessary to transport the plaintiff to an emergency room and be physically examined while there

assistant: The best answer is D. holding that the question presented is whether he adduced sufficient evidence from which a factfinder reasonably could conclude that the nature and severity of his injury significantly restricted his ability to walk as compared with an average person in the general population
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: trustee of a trust. 7 . While Bainbridge focused on whether an express trust had been pled, its holding also implicitly precluded the possibility that a statutory trust had been pled. Bainbridge affirmed the lower court’s order sustaining Stoner's demurrer based on the conclusion that plaintiffs complaint had alleged a cause of action for constructive trust, and that the limitations period for bringing an action based on a constructive trust had run before the filing of the complaint. Id. at 429, 106 P.2d 423. If a statutory trust had been sufficiently pled, the Bainbridge court presumably could not have affirmed the order on the demurrer based on the running of the constructive trust limitations period. 8 . Fanners' & Merchants' Bank of Los Angeles v. Downey, 53 Cal. 466, 468 (1879) (<HOLDING>); Interactive Multimedia Artists, Inc. v. Options: A. holding that a real estate partnership involved commerce within the meaning of the act where the real estate at issue was located in texas and the partners lived in illinois maintained a bank account in illinois and borrowed money from an illinois bank B. holding that bank was equitably estopped from recovering against stock broker for conversion of stock certificates that were assigned in blank and that broker had sold for a bank employee who misappropriated the stock certificates from the bank C. holding that a bank officer who obtained for his own benefit a profit participation in a real estate venture in exchange for loaning bank money misappropriated a corporate asset D. holding a bank officer who informed a third party that it would be safe to extend 8000 credit to bank customer although customer did not have an open account at the bank could be held liable for the material misrepresentation E. holding a bank liable where a bank officer held checks that were intended to pay the irs for withheld taxes

assistant: The best answer is C. holding that a bank officer who obtained for his own benefit a profit participation in a real estate venture in exchange for loaning bank money misappropriated a corporate asset
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: CHS will establish and maintain at all times, true and accurate books, records and accounts consistent with good industry practices distinguishable from all of its other books and records, in respect of all prices paid, payments, statements, charges and computations made under this Agreement and will preserve these books, records and accounts for a period of at least two (2) years after their creation. During normal business hours Customer, at its sole cost and expense, shall have the right to inspect, examine and audit, or cause its representatives (including without limitation a third-party auditor) to inspect, examine and audit books and records of CHS to the extent necessary in order to verify the accuracy of any statement, charge, computation or demand made under or pursuant to any of the provisions of this Agreement. CHS shall provide all customary and commercially reasonable grain accounting and bookkeeping services consistent with good industry practices to Customer for the Grain purchased by or on behalf of CHS hereunder and sold to Customer hereunder, including without limitation, preparation of daily cash position reports, delivery sheets, and grain settlements. All grain settlements, delivery reports and other reports and documents related to the Grain purchased by CHS hereunder and sold to Customer hereunder shall be in a form that is mutually acceptable to CHS and Customer as agreed to from time to time during the term of this Agreement.

assistant: Records