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: people.” (PL’s Ex. K.) The Court disregards this letter realizing it was written, in part, to ensure a congenial departure and the prospect of favorable recommendation letters, yet conversely, there has been no evidence provided that could reasonably lead to the conclusion that HP’s actions were carried out with the specific intent of inducing Victory’s resignation. Thus, where an employee is not satisfied with the terms a 6 F.Supp. 218, 228-29 (S.D.N.Y.1997) (upholding arbitrators’ decision that no constructive discharge occurred where employee’s responsibilities were diminished by over 20 percent and no bonus was paid which represented 40-50 percent of prior two years gross earnings); Bauman v. North Am. Graphics, Inc., No. 94 Civ. 5975, 1997 WL 278057, at *4 (S.D.N.Y. May 22, 1997) (<HOLDING>). Accordingly, Plaintiffs claim of constructive Options: A. holding that employee who resigned left voluntarily where employer accepted resignation told employee not to come to work anymore and paid employee through end of notice period B. holding employee resigned and was not constructively discharged because there was no evidence that employer deliberately created working conditions that led to her resignation C. holding that although there was evidence of discrimination by the employer based on race there was insufficient evidence to support a finding that the employer had constructively discharged the plaintiff D. recognizing constructive discharge where employer rather than acting directly deliberately makes employees working conditions so intolerable that a reasonable employee would be forced into involuntary resignation E. holding that defendant interfered with plaintiffs right when the employer forced her to choose between resignation and working without leave

assistant: The best answer is B. holding employee resigned and was not constructively discharged because there was no evidence that employer deliberately created working conditions that led to her resignation
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: Reinsurance Co., 868 F.2d 52, 58 (3d Cir. 1989) (stating ‘[a] district court itself should not clarify an ambiguous arbitration award but should remand it to the arbitration panel for clarification’); Bell Aerospace Co. Div. of Textron Inc. v. Local 516, 500 F.2d 921, 923 (2d Cir. 1974) (stating ‘[cjonstruing ambiguous provisions of an arbitration award is the proper province of the arbitrator, not the courts’); American Postal Workers v. U.S. Postal Serv., 254 F. Supp.2d 12, 15 (D.D.C. 2003) (remanding for clarification where the arbitrator’s award was ‘susceptible to more than one interpretation’). Such remands, however, are to be used sparingly in order not to thwart the interest of achieving finality. See Fischer v. CGA Computer Assoc. Inc., 612 F. Supp. 1038, 1041 (S.D.N.Y. 1985) (<HOLDING>).” (footnote omitted) The following cases Options: A. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence B. holding that even an order that establishes entitlement to a judgment is not final unless it actually enters or renders a judgment or includes specific language of finality necessary for a judgment to be considered final for purposes of an appeal C. recognizing remand frustrates the basic purposes of arbitration because it delays execution of the final judgment D. holding that an order not denominated a judgment is not final for purposes of appeal E. recognizing that a final judgment may provide for a particular standard upon which to modify a final judgment

assistant: The best answer is C. recognizing remand frustrates the basic purposes of arbitration because it delays execution of the final judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court have jurisdiction to review a claim by employees that their union violated the NLRA by charging agency fees for nonrepresentational purposes, which also is arguably an unfair labor practice. Communications Workers of Am. v. Beck, 487 U.S. 735, 742-43, 108 S.Ct. 2641, 101 L.Ed.2d 634 (1988); see also Breininger v. Sheet Metal Workers Int’l Ass’n Local Union No. 6, 493 U.S. 67, 74, 110 S.Ct. 424, 107 L.Ed.2d 388 (1989); Storey v. Local 327, Int’l Bhd. of Teamsters, 759 F.2d 517, 520 (6th Cir.1985) (when Garmon applies, “neither state nor federal courts have subject matter jurisdiction”); id. at 522 (“Though state interference ... was involved in Garmon, the Supreme Court made it clear that pre-emption applies to federal district c me); Hardeman, 401 U.S. at 237-39, 91 S.Ct. 609 (<HOLDING>); Serrano v. Jones & Laughlin Steel Co., 790 Options: A. holding that congress referred claims under the labormanagement reporting and disclosures act not to the nlrb but to the federal courts even when the conduct at issue is also an arguably unfair labor practice B. holding that the nlrb general counsels decision to issue an unfair labor practice complaint is unreviewable because inter alia review would invade the realm of prosecutorial discretion C. holding that gannon preemption does not constitute complete preemption for removal purposes because 7 and 8 of the nlra do not create jurisdiction in the federal district courts instead those provisions vest jurisdiction in the nlrb to determine unfair labor practices and state courts are as able to determine if jurisdiction belongs in the nlrb as are the federal district courts D. holding that federal district courts have jurisdiction over violations of collective bargaining contracts even if such violations are also unfair labor practices subject to nlrb jurisdiction E. holding that a federal district court may decide whether an activity is an unfair labor practice under the nlra when the matter is raised as a defense to a claim under an independent federal remedy over which the federal district courts do have jurisdiction

assistant: The best answer is A. holding that congress referred claims under the labormanagement reporting and disclosures act not to the nlrb but to the federal courts even when the conduct at issue is also an arguably unfair labor practice
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) Keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect and (b) maintain with financially sound and reputable insurance companies insurance on all its property in at least such amounts and against at least such risks (but including in any event public liability, product liability and business interruption) as are usually insured against in the same general area by companies engaged in the same or a similar business.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of personnel management ... with proper regard for their... constitutional rights.” See 5 U.S.C. §§ 2301(b)(2), 2302(b)(12); See Saul v. United States, 928 F.2d 829, 834 (9th Cir.1991) (citing H.R. Rep. No. 95-1717 (1978), as reprinted- in 1978 U.S.C.C.A.N, 2860, 2865) (“Congress did expect ‘prohibited personnel practices’ to cover supervisors’ violations of employees’ constitutional and privacy rights.”); Spagnola v. Mathis, 859 F.2d 223, 225 n. 3 (D.C.Cir.1988); Jarvis v. Cardillo, No. 98 CIV. 5793, 1999 WL 187205, at *9 (S.D.N.Y, Apr. 6, 1999) (observing that the CSRA has been interpreted “flexibly to cast a wide net over constitutional challenges arising from federal employment”); Porter v. U.S. Dep’t of Army, No. 93 C 6900, 1995 WL 461898, at *6 & n. 4 (N.D.Ill. July 17, 1995) (<HOLDING>). The question presented by Defendants’ motion Options: A. holding that admiralty and general maritime claims fall within the category of any other civil action governed by the second sentence of 1441b B. recognizing that claims alleging due process violations arising out of employment actions fall under the catchall category of prohibited personnel practices C. holding that disparate impact analysis may be applied to subjective employment practices in employment discrimination actions D. holding that claims arising under the age discrimination in employment act may be subject to arbitration E. holding that claims arising under the sixth amendment fall outside the jurisdiction of the court of federal claims

assistant: The best answer is B. recognizing that claims alleging due process violations arising out of employment actions fall under the catchall category of prohibited personnel practices
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 Issuer is duly organized and validly existing as a statutory trust and is in good standing under the laws of the State of Delaware, with power and authority to own its properties and to conduct its business as such properties are currently owned and such business is presently conducted. The Issuer has appointed the Administrator as the Issuer’s agent where notices and demands to or upon the Issuer in respect of the Notes of this Base Indenture may be served.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subscriber agrees to maintain in confidence all information furnished by the Company or its agents that may be deemed to be material nonpublic information, including, but not limited to the fact that the Offering is being made and the terms and conditions of this Offering.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 358 U.S. 49 79 S.Ct. 94 3 L.Ed.2d 47 SANGAMON VALLEY TELEVISION CORPORATION, petitioner,v.UNITED STATES of America, Federal Communications Commission, Signal Hill Telecasting Corporation, et al. No. 235. Supreme Court of the United States October 20, 1958 Messrs. D. M. Patrick and E. Barrett Prettyman, Jr., for petitioner. 1 Solicitor General Rankin, Assistant Attorney General Hansen, Messrs. Warren E. Baker and Richard A. Solomon, for the United States and Federal Communications Commission. 2 Messrs. Monroe Oppenheimer and James H. Heller, for respondent Signal Hill Telecasting Corporation. 3 Messrs. James A. McKenna, Jr. and Vernon L. Wilkinson, for respondents American Broadcasting-Paramount Theatres, Inc. and others. 4 On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. 5 PER CURIAM. 6 The petition for writ of certiorari is granted. In view of the representations in the Solicitor General's brief on pages 7 and 8, concerning testimony given before the Subcommittee of Legislative Oversight of the House Committee on Interstate and Foreign Commerce subsequent to the decision by the Court of Appeals in this case, the judgment of the Court of Appeals is vacated and the case is remanded to the Court of Appeals for such action as it may deem appropriate. 7 Mr. Justice CLARK and Mr. Justice HARLAN dissent. The matters referred to by the Court were not presented in the Court of Appeals and are not presented by this petition. Agreeing with the Solicitor General that denial of the petition for writ of certiorari would not foreclose appropriate consideration thereof by the Court of Appeals, we see no reason for vacating the Court of Appeals' judgments and, therefore, dissent from this disposition of the matter by the Court.

assistant: 8
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: Stream Capital Partners, LLC (“Seller’s Broker”) represents the Seller. Seller shall pay Seller’s Broker a fee at Closing pursuant to separate agreement. Purchaser and Seller represent and warrant to each other that, except for the Seller’s Broker and Purchaser’s Broker listed above, there are no brokers connected with the sale of the Property. To the extent Seller or Purchaser have an obligation to pay any broker, Seller and Purchaser will hold each other harmless and indemnify the other party from any liability related to the payment of any commission or fee such party may owe to a broker or the Broker or any other party related to the sale of the Property.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT MAY BE ENFORCED IN ANY FEDERAL COURT OR NEW YORK STATE COURT SITTING IN NEW YORK, NEW YORK; AND THE SUBORDINATED CREDITOR CONSENTS TO THE JURISDICTION AND VENUE OF ANY SUCH COURT AND WAIVES ANY ARGUMENT THAT VENUE IN SUCH FORUMS IS NOT CONVENIENT. IN THE EVENT THE SUBORDINATED CREDITOR COMMENCES ANY ACTION IN ANOTHER JURISDICTION OR VENUE UNDER ANY TORT OR CONTRACT THEORY ARISING DIRECTLY OR INDIRECTLY FROM THE RELATIONSHIP CREATED BY THIS AGREEMENT, THE SENIOR LENDER AT ITS OPTION SHALL BE ENTITLED TO HAVE THE CASE TRANSFERRED TO ONE OF THE JURISDICTIONS AND VENUES ABOVE-DESCRIBED, OR IF SUCH TRANSFER CANNOT BE ACCOMPLISHED UNDER APPLICABLE LAW, TO HAVE SUCH CASE DISMISSED WITHOUT PREJUDICE. NOTWITHSTANDING THE FOREGOING, PRIOR TO THE DATE THAT THE INDEBTEDNESS OF THE BORROWER IN FAVOR OF BURNLEY CAPITAL LLC ARISING UNDER THAT CERTAIN LOAN AND SECURITY AGREEMENT, DATED AS OF THE DATE HEREOF, IS INDEFEASABLY PAID IN FULL, THIS AGREEMENT SHALL BE ENFORCED IN ANY FEDERAL COURT OR MINNESOTA STATE COURT SITTING IN HENNEPIN COUNTY, MINNESOTA; AND THE SUBORDINATED CREDITOR CONSENTS TO THE JURISDICTION AND VENUE OF ANY SUCH COURT AND WAIVES ANY ARGUMENT THAT VENUE IN SUCH FORUMS IS NOT CONVENIENT .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the execution and delivery by such Member of this Agreement, nor the performance by such Member under this Agreement will (i) violate, conflict with or result in a breach of any provision of the governing documents of such Member; (ii) require any consent or approval of any counterparty to, or violate or result in any breach of or constitute a default (or an event that, with notice or lapse of time or both, would become a default) under, or give to others any right of termination, cancellation, amendment or acceleration of any obligation or the loss of any benefit under, any material agreement or arrangement to which it is a party or by which it is, or its assets are, bound; (iii) result in the creation of an Encumbrance (other than pursuant to Section 3.10) upon or require the sale or give any Person the right to acquire any of the assets of such Member; or (iv) violate or conflict with any law applicable to such Member.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Because of the highly personal and confidential nature of the Retention Award, it is important that you do not disclose the details of this Award Agreement to any other employee, or discuss its contents with anyone other than your supervisor, your Human Resources representative, your immediate family and your legal counsel and personal tax advisors. Failure to comply with this requirement may render you ineligible to receive the Retention Award.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower, each Lender and each Issuing Bank hereby acknowledges and agrees that each Lender, each Issuing Bank and their Affiliates from time to time may hold investments in, make other loans to or have other relationships with the Borrowers and their Affiliates.

assistant: Disclosures
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: consistent with this opinion. 1 . Blevins originally contracted with Morton & Furbish to rent a different cottage in Range-ley. However, after Morton & Furbish realized that they had inadvertently rented the same cottage to another individual for the same period, Morton & Furbish made a unilateral decision to substitute either the Caron cottage or another identified cottage. Blevins chose the Caron cottage. 2 . At oral argument, the parties also addressed several public policy concerns including whether, if the vacationing family overstayed the rental period, the Carons and Morton & Furbish could resort to self-help or would instead have to go through the process of forcible entry and detainer. See Sawyer v. Congress Square Hotel Co., 157 Me. 111, 115, 170 A.2d 645, 647 (1961) (<HOLDING>); 14 M.R.S. §§ 6001-6016 (2006). The parties Options: A. holding that a defendant is not entitled to relief from default judgment because notice to an attorney of filing of motions and orders is constructive notice to the client even when the client did not have actual notice B. holding that guest of hotel not entitled to notice of eviction C. holding that notice to supervisor is notice to city D. holding mere notice to quit followed by peaceful vacation of the premises is not sufficient to constitute a claim of constructive eviction E. holding that sublessee who vacated upon notice could not recover for constructive eviction in absence of showing that lessor acted in bad faith

assistant: The best answer is B. holding that guest of hotel not entitled to notice of eviction
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: 382 U.S. 159 86 S.Ct. 305 15 L.Ed.2d 227 MARYLAND for the Use of Nadine Y. LEVIN et al.v.UNITED STATES. No. 345. Supreme Court of the United States October Term, 1964. November 22, 1965 Theodore E. Wolcott, for petitioners. Solicitor General Marshall, former Solicitor General Cox, Assistant Attorney General Douglas, Morton Hollander, Nathan Lewin and David L. Rose, for the United States. Louis G. Davidson, Richard W. Galiher, William E. Stewart, Jr., and Peter J. McBreen, as amici curiae. On Petition for Rehearing. PER CURIAM. 1 The petition for rehearing and the motion to remand for trial on unresolved issues are granted as herein indicated. The judgment of this Court of May 3, 1965, 381 U.S. 41, 85 S.Ct. 1293, 14 L.Ed.2d 205, is vacated, and in lieu thereof the following judgment is entered: 'The judgment of the Court of Appeals for the Third Circuit is modified to direct that the case be remanded to the United States District Court for the Western District of Pennsylvania for further proceedings with respect to the unresolved issues tendered in petitioners' bill of complaint, and is in all other respects affirmed.' 2 It is so ordered. 3 Mr. Justice CLARK and Mr. Justice HARLAN, believing that a remand is legally unjustified, dissent from that part of the Court's order. 4 Mr. Justice FORTAS took no part in the consideration or decision of this case.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower agrees to pay to the Administrative Agent for the account of each Lender a commitment fee, which shall accrue at the Applicable Rate on the Available Revolving Commitment of such Lender during the period from and including the Effective Date to but excluding the date on which such Commitment terminates; provided that, if such Lender continues to have any Revolving Credit Exposure after its Commitment terminates, then such commitment fee shall continue to accrue on the daily amount of such Lender’s Revolving Credit Exposure from and including the date on which its Commitment terminates to but excluding the date on which such Lender ceases to have any Revolving Credit Exposure. Accrued commitment fees shall be payable in arrears on the last day of March, June, September and December of each year and on the date on which the Commitments terminate, commencing on the first such date to occur after the date hereof; provided that any commitment fees accruing after the date on which the Commitments terminate shall be payable on demand. All commitment fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

assistant: Fees
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 Note shall be construed and enforced in accordance with, and all questions concerning the construction, validity, interpretation and performance of this Note shall be governed by, the internal laws of the State of New York, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdictions) that would cause the application of the laws of any jurisdictions other than the State of New York. The Company hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in The City of New York, Borough of Manhattan, for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. Nothing contained herein (i) shall be deemed or operate to preclude the Holder from bringing suit or taking other legal action against the Company in any other jurisdiction to collect on the Company’s obligations to the Holder, to realize on any collateral or any other security for such obligations, or to enforce a judgment or other court ruling in favor of the Holder. THE COMPANY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THIS NOTE OR ANY TRANSACTION CONTEMPLATED HEREBY.

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 case excerpt and choose the best holding from the options. Case excerpt: Cardinal’s identification of Elliott as the perpetrator by having her concede that she told police that she could not give a positive identification of Elliott for various reasons including that she was unsure, had a bad memory, and did not look at Elliott’s face. N.T., Oct. 26,1994, at 90-99. Thus, Elliott brings to light no evidence that trial counsel would have been able to offer had he further investigated the prior bad acts relating to Berson, Gogos, or Cardinal, which would have altered the outcome of his trial. Finding no prejudice arising from trial counsel’s alleged failure to investigate the prior bad act witnesses, we conclude that appellate counsel cannot be deemed ineffective for failing to pursue such issue. See Commonwealth v. Jones, 590 Pa. 202, 912 A.2d 268, 278 (2006) (<HOLDING>). Accordingly, Elliott was properly denied Options: A. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel B. holding that an attorney is not ineffective for failing to make a meritless objection C. holding that counsel cannot be deemed ineffective for failure to present cumulative evidence D. holding trial counsel was not ineffective for failing to pursue a meritless issue E. holding that counsel cannot be deemed ineffective for failing to raise a meritless claim

assistant: The best answer is E. holding that counsel cannot be deemed ineffective for failing to raise a meritless claim
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: proves a violation under section 2000e-2(m) of this title and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court— (i) may grant declaratory relief, injunctive relief (except as provided in clause (ii) ), and attorney’s fees and costs d 1095, 1103-04 (11th Cir.2001) (same). The Sixth Circuit recently expressed doubt about whether it will continue to use the “background circumstances” test. See Pierce v. Commonwealth Life Ins. Co., 40 F.3d 796, 801 n. 7 (6th Cir.1994). The Second and Fourth Circuits also appear to have adopted the Fifth Circuit's approach although they have declined to explicitly address the issue. See Stem v. Trustees of Columbia Univ., 131 F.3d 305, 312 (2d Cir.1997) (<HOLDING>); Lucas v. Dole, 835 F.2d 532, 533-34 (4th Options: A. holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position B. holding that a prima facie case is subject to independent review C. holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case D. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1 E. holding that a white male made out a prima facie case on the basis of national origin and not discussing the need for him to show any background circumstances

assistant: The best answer is E. holding that a white male made out a prima facie case on the basis of national origin and not discussing the need for him to show any background circumstances
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: each other prior to trial is of no consequence. Under those circumstances, we are persuaded that there was manifest necessity to declare a mistrial, considering the “ends of justice for the defendant and the State.” Farmer, supra, 48 N.J. at 171, 224 A.2d 481. In our view, the trial court exercised sound discretion in declaring a mistrial and that decision is entitled to deference. Ibid, (noting that “appellate courts must realize that under our system the conduct of a trial is committed to the trial judge, and that in appraising the exercise of his discretionary action a wise and tolerant restraint must be practiced if the separate levels of the judicial process are to be maintained.”). See also Arizona v. Washington, supra, 434 U.S. at 515-16, 98 S.Ct. at 835-36, 54 L.Ed.2d at 734 (<HOLDING>); State v. Modell, 260 N.J.Super. 227, 239, 615 Options: A. holding plaintiff responsible for attorney error B. holding that the record supported the district courts award of damages C. holding the federal government responsible for the immediately foreseeable consequences of its actions D. holding defendant implicitly consented to trial courts declaration of a mistrial E. holding that trial courts responsible and deliberate actions supported mistrial declaration

assistant: The best answer is E. holding that trial courts responsible and deliberate actions supported mistrial declaration
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: or by failing to grant his motion for a judgment notwithstanding the verdict and for an extension of time. {91} We uphold the constitutionality of the Capital Felony Sentencing Act. The evidence supports the jury’s findings of the aggravating factors charged. The evidence also supports the jury’s findings that the aggravating circumstances outweighed the mitigating circumstances. The facts of Clark’s case support the conclusion that the jury did not impose his death sentence under the influence of passion, prejudice, or any other arbitrary factor. Taking Clark, the circumstances of the crime, and other similar New Mexico cases into consideration, Clark’s sentence of death was neither excessive nor disproportionate. We affirm Clark’s sentence. Finally, we conclude tha 91) (per curiam) (<HOLDING>). 3 . See State v. Dodd, 120 Wash.2d 1, 838 Options: A. holding the court lacked jurisdiction where the defendant failed to file a notice of appeal on the attorneys fee issue because a supplemental notice of appeal is required for us to have jurisdiction over an attorneys fees issue that becomes final subsequent to the initial notice of appeal B. holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence C. holding that a notice of appeal filed in an adversary proceeding could not appeal the main proceeding D. holding that a capital defendant must receive a meaningful appeal with the benefit of an adversary proceeding with diligent appellate advocacy addressed to both the judgment and the sentence but allowing the defendant to file a pro se supplemental brief setting forth his personal positions and interests with regard to the subject matter of this appeal E. holding defendants pro se motion to reduce sentence was not properly before the trial court when defendant was represented by counsel since defendant may not proceed both by counsel and pro se

assistant: The best answer is D. holding that a capital defendant must receive a meaningful appeal with the benefit of an adversary proceeding with diligent appellate advocacy addressed to both the judgment and the sentence but allowing the defendant to file a pro se supplemental brief setting forth his personal positions and interests with regard to the subject matter of this 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 case excerpt and choose the best holding from the options. Case excerpt: good faith in attempting to relet the premises, and second, any rentals received by the lessor as a result of the reletting must be deducted from the balance of rent due from the lessee. Coast Fed., 362 So.2d at 984. Biscayne retook the vacated premises, made good faith efforts to re-let on JPAY’s behalf, and deducted what it got from a partial sublet from JPAY’s unpaid rents due up to the date of the JPAY I final judgment. Its actions belie an intent to accelerate. RES JUDICATA ISSUE JPAY I is not res judicata as to JPAY II. Under the doctrine of res judica-ta, a final judgment or decree on the merits by a court of competent jurisdiction constitutes an absolute bar to a subsequent suit on the same cause of action and is conclusive of all issues which were rais (Fla. 1st DCA 1991) (<HOLDING>). The record clearly establishes that Biscayne Options: A. holding that a suit for one installment payment does not preclude suit for a later installment B. holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due C. holding a suit against an agency of the state is a suit against the state D. holding that twentythree purchase orders made up a single installment contract E. holding that a creditors pmsi in goods sold to debtors did not survive consolidation of the original installment contract with a later contract for the purchase of additional goods

assistant: The best answer is A. holding that a suit for one installment payment does not preclude suit for a later installment
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: engage in sexual acts, a prosecutor may charge that behavior as both luring and attempted sexual conduct with a minor, as happened in this case. See A.R.S. §§ 13-1001(A)(2), 13-1405(A), 13-3554. Indeed, the same evidence was marshalled to convict Farnsworth of both offenses. In describing the offense of luring, the legislature implicitly acknowledged that the crime might involve someone posing as a child under fifteen. See § 13-3554(A), (B) (“having reason to know that the other person is a minor” sufficient mental state for offense; no defense that actual person lured was not a minor). Yet it also expressly excluded DCAC enhancement when the target was not an actual minor under the age of fifteen. See § 13—3554(C); State v. Regenold, 227 Ariz. 224, ¶ 4, 255 P.3d 1028, 1030 (App. 2011) (<HOLDING>); State v. Villegas, 227 Ariz. 344, ¶ 3, 258 Options: A. holding plain language compelled that reading B. holding when ordinance language is clear courts must give language its plain meaning C. holding that in construing statute courts must first look to its plain language D. holding that a plain reading of section 1367 overrules zahn E. holding that general statement of intent does not override plain language of statute

assistant: The best answer is A. holding plain language compelled that reading
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 and all payments by Borrowers hereunder and under the other Loan Documents shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto, excluding taxes imposed on Agent’s or any Lender’s income, and franchise taxes imposed on Agent or any Lender by the law or regulation of any Governmental Authority (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings and liabilities being hereinafter referred to in this Section 10.24 as “ Applicable Taxes ”). If Borrowers shall be required by law to deduct any Applicable Taxes from or in respect of any sum payable hereunder to Agent (on behalf of Lenders), the following shall apply: (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 10.24 ), Agent receives an amount equal to the sum it would have received had no such deductions been made, (ii) Borrowers shall make such deductions and (iii) Borrowers shall pay the full amount deducted to the relevant taxation authority or other authority in accordance with applicable law. Payments pursuant to this Section 10.24 shall be made within ten (10) days after the date Agent makes written demand therefor.

assistant: Taxes
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 Employment Period, the Executive shall receive an annual base salary (“Annual Base Salary”), paid at a biweekly rate, at least equal to the highest annualized (for any fiscal year consisting of less than 12 full months or with respect to which the Executive has been employed by the Company for less than 12 full months) base salary paid or payable, including any Annual Base Salary that has been earned but deferred, to the Executive by the Company for any of the three fiscal years immediately preceding the fiscal year in which the Effective Date occurs. During the Employment Period, the Annual Base Salary shall be reviewed at least annually and shall be increased at any time and from time to time as shall be substantially consistent with increases in base salary generally awarded in the ordinary course of business to other peer executives of the Company. Any increase in Annual Base Salary shall not serve to limit or reduce any other obligation to the Executive under this Agreement. Annual Base Salary shall not be reduced after any such increase, and the term Annual Base Salary shall refer to the Annual Base Salary as so increased.

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: attaches to the improper contact, and the burden shifts to the Government to establish that the contact was harmless. Remmer, 347 U.S. at 229, 74 S.Ct. 450. The Court finds that the Government has not met this burden. The Government’s burden of overcoming the presumption of prejudice is a “heavy” one. Id.; Schaff v. Snyder, 190 F.3d 513, 533-34 (7th Cir.1999). The Government must demonstrate “that there exists no ‘reasonable possibility that the jury’s verdict was influenced by an improper communication.’ ” United States v. Cheek, 94 F.3d 136, 141 (4th Cir.1996), quoting Stephens v. South Atl. Canners, Inc., 848 F.2d 484, 488-89 (4th Cir.1988); see United States v. Carter, 973 F.2d 1509, 1515 (10th Cir.1992), quoting United States v. de Hernandez, 745 F.2d 1305, 1310 (10th Cir.1984)(<HOLDING>). Here, the Court has made a finding of fact Options: A. holding that any error was harmless and thus not plain error B. holding that plain error analysis is the proper standard for review of forfeited error in the rule 11 context C. holding that in order to avoid a new trial under the plain error analysis the record must completely negative any reasonable possibility of prejudice arising from such error D. holding that under the harmless error standard an appellate court must determine whether there is a reasonable possibility that the error complained of might have contributed to the conviction E. holding plain error analysis is the proper standard for review of forfeited error in the rule 11 context

assistant: The best answer is C. holding that in order to avoid a new trial under the plain error analysis the record must completely negative any reasonable possibility of prejudice arising from such error
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: by using the services , you represent that you have either reached the age of `` majority '' where you live or have valid parent or legal guardian consent to be bound by these terms .

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 case excerpt and choose the best holding from the options. Case excerpt: Id. at 629-30,632. Indeed, according to the SAB Report, the Ecochlor, BalPure, and PeraClean systems can meet 100 times IMO for medium organisms, and Ecochlor can meet 10 times IMO for large organisms. EPA should not have adhered to the IMO Standard without explanation when technologies could have exceeded IMO. Indeed, seeking to find systems that are capable of doing better than the current standard is in keeping with the technology-forcing aspect of the CWA. See NRDC, 822 F.2d at 124. EPA should have first looked at the available ballast water technologies as identified by the SAB Report. Then, finding that those technologies could exceed the IMO Standard, EPA should have adjusted its standard accordingly, or explained why it would not. See Islander E. Pipeline, 525 F.3d at 151 (<HOLDING>). EPA’s counterargument that no more was Options: A. holding that agency must examine the relevant data and articulate a satisfactory explanation for its action quoting state farm 463 us at 43 103 sct 2856alterations omitted B. holding that final agency action under the apa 5 usc 704 must be the consummation of the agencys decisionmaking process must not be of a merely tentative or interlocutory nature and must be one by which rights or obligations have been determined or from which legal consequences will flow first quoting chi s air lines inc v waterman ss corp 333 us 103 113 68 sct 431 92 led 568 1948 and then quoting port of bos marine terminal assn v rederiaktiebolaget transatlantic 400 us 62 71 91 sct 203 27 led2d 203 1970 C. holding that in order to present a federal question a right or immunity created by the constitution or laws of the united states must be an element and an essential one of the plaintiffs cause of action quoting franchise tax bd v constr laborers vacation trust 463 us 1 1011 103 sct 2841 77 led2d 420 1983 D. holding that an attorneys fee award must be reasonable in relation to the success achieved quoting hensley v eckerhart 461 us 424 436 103 sct 1933 76 led2d 40 1983 E. holding that the state police is a state agency

assistant: The best answer is A. holding that agency must examine the relevant data and articulate a satisfactory explanation for its action quoting state farm 463 us at 43 103 sct 2856alterations omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Co., 157 F.R.D. 61, 64 (D.Kan.1994)). See Fed.R.Civ.P. 55(b)(2)(B) (“The court may conduct hearings or make referrals ... when, to enter or effectuate judgment, it needs to ... determine the amount of damages.”). “In the absence of genuine issues of fact material to a plaintiffs damages showing, a court may appropriately address damages through summary judgment, including in cases where facts have been determined by the entry of default judgment.” Default MOO at 1233 n. 5 (citing Trustees of Const. Indus. and Laborers Health and Welfare Trust v. Hartford Fire Ins. Co., 578 F.3d 1126, 1127, 1130 (9th Cir.2009) (affirming in part district court’s award of damages in summary judgment based on default judgment); J.R. Simplot v. Chevron Pipeline Co., 563 F.3d 1102, 1117 (10th Cir.2009) (<HOLDING>); Mid-Continent Cas. Co. v. JHP Dev., 557 F.3d Options: A. recognizing that summary judgment on any and all aspects of a partys claim including damages is proper if there are no genuine issues of material fact B. holding that when there are no genuine issues of material fact summary judgment is appropriate C. holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues D. holding that summary judgment is not appropriate if there is a genuine dispute about a material fact E. holding that there was a genuine issue of material fact precluding summary judgment

assistant: The best answer is A. recognizing that summary judgment on any and all aspects of a partys claim including damages is proper if there are no genuine issues of material fact
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: you agree that you will respect the intellectual property rights of others , and represent and warrant that you have all of the necessary rights to grant under armour a license ( described further in part ( d ) below ) for all user-generated content you submit in connection with the services .

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 case excerpt and choose the best holding from the options. Case excerpt: See In re Russell C., 120 N.H. at 268; cf. State v. Bernaby, 139 N.H. 420, 423 (1995) (concluding that trial court did not deny defendant his right to a speedy trial where delay was due, in part, to defendant’s waiver of right and request for continuances because a “defendant cannot take advantage of a delay he has caused”). In this case, the juvenile moved to dismiss at the original adjudicatory hearing because none of the State’s witnesses was present and, therefore, the State could not go forward with the hearing. The State acknowledged that it could'not go forward with the hearing and did not object to dismissal of the petition. The State did not request a continuance or that it be given a fourteen day extension under RSA 169-B:14, II. Cf. In re Juvenile 2007-150, 156 N.H. at 802 (<HOLDING>). Rather, the only relief the State requested Options: A. holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing B. holding that trial court did not err in denying juveniles motion to dismiss for failing to complete adjudicatory hearing within statutory time limit where adjudicatory hearing began within thirty days of arraignment but prosecutor requested a continuance when one of his subpoenaed witnesses did not appear C. holding trial court did not err in failing to conduct a hearing on motion for reinstatement when appellants failed to call to the trial courts attention the need for a hearing D. holding that trial court did not err E. holding that the trial court did not err by failing to hold an oral hearing on a motion to dismiss an appeal because the appellant was afforded a full opportunity to respond to the motion

assistant: The best answer is B. holding that trial court did not err in denying juveniles motion to dismiss for failing to complete adjudicatory hearing within statutory time limit where adjudicatory hearing began within thirty days of arraignment but prosecutor requested a continuance when one of his subpoenaed witnesses did not appear