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: use herein, which allows for the fact that, just because something is quantifiable in principle, the quantity need not be ascertainable in precise terms in a given case to maintain its character as pecuniary. 21 . See United States v. Blagojevich, 794 F.3d 729, 734-39 (7th Cir. 2015) (discussing, in the context of a Hobbs Act bribery prosecution of the then-Governor of Illinois, the distinction between accepting something of value for an official act and "logrolling,” the solicitation of political favors in exchange for same; observing that, for example, under an expansive interpretation, it would be criminal for a sitting governor to solicit federal funds for public works projects in exchange for appointing a particular individual to a vacant Senate seat); cf. Moran, 104 A.3d at 1147 (<HOLDING>). 22 . For reasons set forth at greater length Options: A. holding that defense of fraud was waived where no special issue was submitted and there was disputed evidence B. holding that a tortfeasor is required to pay the expenses of over treatment or unnecessary medical treatment unless such treatment was incurred by the victim in bad faith C. holding that imposition occurs at time of oral pronouncement D. holding that imposition occurs at time of entry of judgment E. holding that bribery only occurs where there is some offer of special treatment in exchange for something of value

assistant: The best answer is E. holding that bribery only occurs where there is some offer of special treatment in exchange for something of value
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: Executive shall be paid an annual salary in the amount of $320,000 (less applicable withholdings), which shall be payable in accordance with the then-current payroll schedule of the Company (the “ Base Salary ”). The Executive’s salary will be reviewed periodically and may be increased from time to time by the Company at its discretion.

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 legal provision and list the applicable contract clause categories. Provision: During the Period of Employment, the Company shall pay the Executive a base salary (the “ Base Salary ”), which shall be paid biweekly or in such other installments as shall be consistent with the Company’s regular payroll practices in effect from time to time. The Executive’s Base Salary shall be at an annualized rate of Six Hundred thousand dollars ($600,000.00). The Compensation Committee of the Board (the “ Compensation Committee ”) will review the Executive’s rate of Base Salary on an annual basis and may, in its sole discretion, increase (but not decrease) the rate then in effect.

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 legal provision and list the applicable contract clause categories. Provision: The Executive acknowledges and agrees that there are certain trade secrets and confidential and proprietary information (collectively, “ Confidential Information ”) which have been developed by the Corporation and which are used by the Corporation in its business. Confidential Information shall include, without limitation: (i) customer lists and supplier lists; (ii) the details of the Corporation’s relationships with its customers, including, without limitation, the financial relationship with a customer, knowledge of the internal “politics”/workings of a customer organization, a customer’s technical needs and job specifications, knowledge of a customer’s strategic plans and the identities of contact persons within a customer’s organization; (iii) the Corporation’s marketing and development plans, business plans; and (iv) other information proprietary to the Corporation’s business. The Executive shall not, at any time during or after his employment hereunder, use or disclose such Confidential Information, except to authorized representatives of the Corporation or the customer or as required in the performance of his duties and responsibilities hereunder. The Executive shall return all customer and/or Corporation property, such as computers, software and cell phones, and documents (and any copies including, without limitation, in machine or human-readable form), to the Corporation when his employment terminates. The Executive shall not be required to keep confidential any Confidential Information which (x) is or becomes publicly available through no fault of the Executive, (y) is already in his possession (unless obtained from the Corporation or one of its customers) or (z) is required to be disclosed by applicable law or regulation, or pursuant to the valid order of a court of competent jurisdiction or an authorized government agency, provided that the Executive shall provide the Corporation written notice of any such order prior to such disclosure to the extent practicable under the circumstances and permitted by applicable law. Further, the Executive shall be free to use and employ his general skills, know-how and expertise, and to use, disclose and employ any generalized ideas, concepts, know-how, methods, techniques or skills, including, without limitation, those gained or learned during the course of the performance of his duties and responsibilities hereunder, so long as he applies such information without disclosure or use of any Confidential Information.

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: This Amendment No. 1 will inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers, directors, employees, agents and controlling persons referred to in Section 7 of the Agreement, and no other person will have any right or obligation hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute but one contract, and shall become effective as provided in Section 10.03. Delivery of an executed counterpart to this Agreement by facsimile or other electronic transmission (e.g., “PDF” or “TIFF”) shall be as effective as delivery of a manually signed original.

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: motion to reduce his sentence, pursuant to Amendment 706 of the Sentencing Guidelines. After careful review, we affirm. We review jurisdictional issues de novo. United States v. Lopez, 562 F.3d 1309, 1311 (11th Cir.2009). In § 3582(c)(2) proceedings, we review a district court’s conclusions about the scope of its legal authority de novo. United States v. James, 548 F.3d 983, 984 (11th Cir.2008). As an initial matter, we reject the government’s claim that because Carter’s notice of appeal was untimely, we do not have jurisdiction over this appeal. A defendant’s notice of appeal in a criminal case must be filed in the district court no later than 14 days after the challenged order is entered. Fed.R.App.P. 4(b)(1)(A); see United States v. Fair, 326 F.3d 1317, 1318 (11th Cir.2003) (<HOLDING>). Unlike civil appeal rules, the deadline in Options: A. holding that proceedings under 3582c2 do not constitute a full resentencing of the defendant B. holding that 3582c2 does not authorize a resentencing but merely provides for a sentence reduction within the bounds established by the sentencing commission and that booker does not apply to 3582c2 proceedings C. holding that booker and kimbrough do not apply at resentencing proceedings under 3582c2 D. holding that the rules governing criminal cases apply to 3582c2 proceedings E. holding discovery rules apply to civil forfeiture proceedings

assistant: The best answer is D. holding that the rules governing criminal cases apply to 3582c2 proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in Section 9 above, the execution of this Amendment and the acceptance of all other agreements and instruments related hereto shall not be deemed to be a waiver of any Default or Event of Default, whether or not known to Lender and whether or not existing on the date of this Amendment.

assistant: No Waivers
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 regulating the commerce in agricultural commodities itself. But because futures contracts do conLain a provision for delivery as an optional mode of compliance with obligations created by such contracts, rare as the exercise of that option is, it isn’t always easy to determine just from the language of a contract for the sale of a commodity whether it is a futures contract or a forward contract. Nagel, 217 F.3d at 440. 11 . The quoted language appears identically in each of the Producers’ affidavits. 12 . This court is no stranger to either the Eighth Circuit's decision in Camfield nor its application. This court has applied the Cam-field decision in several of its prior published decisions. See generally Waitek v. Dalkon Shield Claimants Trust, 908 F.Supp. 672 (N.D.Iowa 1995) (<HOLDING>); Kunzman v. Enron Corp., 902 F.Supp. 882 Options: A. holding that waterhouse cannot generate a genuine issue of material fact by making statements in an affidavit that directly contradict his sworn deposition testimony given in the case B. holding that subsequent affidavit contradicting prior sworn testimony does not create genuine issue of fact C. holding that physicians affidavit created genuine issue of material fact even though it directly contradicted his prior deposition testimony where physician offered a plausible explanation for the change in his testimony D. holding that the court may disregard an affidavit submitted solely for the purpose of opposing a motion for summary judgment when that affidavit is directly contradicted by deposition testimony and the nonmovant does not explain the discrepancies E. holding nonmoving partys affidavit created genuine issue of material fact as to the existence of an employment relationship

assistant: The best answer is C. holding that physicians affidavit created genuine issue of material fact even though it directly contradicted his prior deposition testimony where physician offered a plausible explanation for the change in his testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Ayles, 784 F.2d 1275 (5th Cir.1986); Thornbrough v. Columbus & Greenville R.R. Co., 760 F.2d 633, 639 (5th Cir.1985). The defendant must respond with non-discriminatory reasons for taking such action against the plaintiff. Thereafter, the plaintiff must show that defendant’s offered reasons are merely pretex-tual and that a discriminatory reason (age) more than likely underlies the actions taken by the defendant. Harpring v. Continental Oil Co., 628 F.2d 406, 409 (5th Cir.1980), cert. denied, 454 U.S. 819, 102 S.Ct. 100, 70 L.Ed.2d 90 (1981). As in a Title VII case, the plaintiff has the burden of proof on all elements of an age discrimination cause of action. Powell v. Rockwell Int’l Corp., 788 F.2d 279 (5th Cir.1986). See also Laurence v. Chevron, U.S.A., 885 F.2d 280 (5th Cir. 1989) (<HOLDING>). To ultimately prevail on an age Options: A. holding that plaintiff bears burden of production as well as persuasion B. holding plaintiff to his burden of persuasion on appeal of summary judgment C. holding that a debtor bears the burden of persuasion under 1325a D. holding that the defendants burden at this stage is one of production not one of persuasion E. holding that employer bears the full burden of persuasion for the facts requisite to an exemption

assistant: The best answer is A. holding that plaintiff bears burden of production as well as persuasion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents and any claims, controversy, dispute or cause of action (whether in contract or tort or otherwise) based upon, arising out of or relating to this Agreement or any other Loan Document (except, as to any other Loan Document, as expressly set forth therein) and the transactions contemplated hereby and thereby shall be governed by, and construed in accordance with, the law of the State of NEW yORK .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From and after the Effective Date, the Administrative Agent shall make all payments in respect of [the][each] Assigned Interest (including payments of principal, interest, fees and other amounts) to [the][the relevant] Assignor for amounts which have accrued to but excluding the Effective Date and to [the][the relevant] Assignee for amounts which have accrued from and after the Effective Date. Notwithstanding the foregoing, the Administrative Agent shall make all payments of interest, fees or other amounts paid or payable in kind from and after the Effective Date to [the][the relevant] Assignee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the business of insurance.” Second, the state law — here, the RIIIFA— must have been enacted “for the purpose of regulating the business of insurance.” Third, the MSP provision must “invalidate, impair, or supersede” the RIIIFA provisions which purport to make the United States the “primary” insurer. See United States Dep’t of the Treasury v. Fabe, 508 U.S. 491, 500-02, 113 S.Ct. 2202, 2208, 124 L.Ed.2d 449 (1993); Villafane-Neriz v. FDIC, 75 F.3d 727, 735 (1st Cir.1996). The district court ruled the McCarran-Ferguson Act .inapplicable because the first precondition recited above was not met; that is, it found that the MSP provision does “specifically relat[e] to the business of insurance.” See Barnett Bank of Marion County v. Nelson, — U.S.-, 116 S.Ct. 1103, 134 L.Ed.2d 237 (1996) (<HOLDING>). On appeal, the Fund argues that the MSP Options: A. holding that comptroller of currencys holding that annuities both fixed and variable are not insurance within the meaning of 12 usc 92 2000 a provision allowing banks to sell insurance products in towns with less than 5000 inhabitants was a reasonable interpretation of the statute and stating that fixed annuities more closely resemble insurance than do variable annuities B. holding that the mccarranferguson act which bars application of a federal law in the face of a state law enacted for the purpose of regulating the business of insurance did not preclude the concurrent assertion of the federal rico statute and nevada insurance law C. holding that an iowa statute requiring a foreign corporation to hold a certificate of authority to transact business in the state was preempted by the nba as the statute pertained to national banks because it infringed on the powers provided to national banks by the nba D. holding a federal law permitting national banks to sell insurance in towns with less than 5000 residents preempted a state statute prohibiting banks from selling most types of insurance E. holding that a federal statute 12 usc 92 which expressly permits national banks to sell insurance in small towns is a statute which specifically relates to the business of insurance and preempts a state statute which prohibits banks from selling insurance

assistant: The best answer is E. holding that a federal statute 12 usc 92 which expressly permits national banks to sell insurance in small towns is a statute which specifically relates to the business of insurance and preempts a state statute which prohibits banks from selling insurance
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 substantive laws of the State of Texas will govern the validity, construction and enforcement of this Agreement. Venue for any action arising under or in connection with this Agreement shall be in the state and federal courts in Harris County, Texas.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided in Schedule 3.1(g) , the capitalization of the Company immediately prior to the Closing is, in all material respects, as set forth in the SEC Reports. Except as provided in Schedule 3.1(g) , no Person has (i) any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents except for such, if any, as will have been validly waived before the Closing and (ii) except pursuant to the operation of agreements filed as exhibits to the SEC Reports before the date of this Agreement, the issuance and sale of the Securities will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Purchaser) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. All of the outstanding shares of capital stock of the Company are validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. Except as filed as exhibits to the SEC Reports, there are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

assistant: Capitalization
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 particular import to the present case, the Home Builders Court addressed Public Citizen, a NEPA case, directly: We do not suggest that Public Citizen controls the outcome here; § 7(a)(2), unlike NEPA, imposes a substantive (and not just a procedural) statutory requirement, and these cases involve agency action more directly related to environmental concerns than- the FMCSA’s truck safety regulations.. But the basic principle announced in Public Citizen— that an. agency cannot be considered the legal “cause” of an action that it has no statutory discretion- not to take — supports the reasonableness of the FWS’ interpretation of § 7(a)(2) as reaching only discretionary agency actions. See also California v. United States, 438 U.S. 645, 668, n.21 [98 S.Ct. 2985, 57 L.Ed.2d 1018] (1978) (<HOLDING>). Id. at 667-68, 98 S.Ct. 2985. Contrary to Options: A. recognizing that administrative agencies are not bound by rules of evidence B. holding that where state rules of civil procedure apply to courts of the state they do not apply to adjudicatory proceedings before state agencies C. holding that a statutory requirement that federal operating agencies conform to state water usage rules applied only to the extent that it was not inconsistent with other congressional directives D. holding that a state election law is preempted only to the extent that it conflicts with federal law E. recognizing that state agencies which are independent of the state are citizens of the state

assistant: The best answer is C. holding that a statutory requirement that federal operating agencies conform to state water usage rules applied only to the extent that it was not inconsistent with other congressional directives
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless this Agreement is terminated under Section 9.k , the representations and warranties of the Company and the Buyers contained in Sections 2 and 3 , the agreements and covenants set forth in Sections 4 and 5 and this Section 9 , and the indemnification provisions set forth in Section 8 , shall survive the Closing. Each Buyer shall be responsible only for its own representations, warranties, agreements and covenants hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company’s rights and obligations under this Agreement shall not be assignable by the Company, except that the Company may assign this Agreement in connection with the sale of all or substantially all of its assets. Neither this Agreement nor any rights hereunder shall be assignable or otherwise subject to hypothecation by the Executive. Notwithstanding this provision and anything else contained herein to the contrary, in the event that this Agreement is assigned in connection with a sale of the Company and the Executive terminates the Executive’s employment with the Company following the six (6) month anniversary of the completion of the Company’s sale transaction, the Executive shall be entitled to receive severance pursuant to Section 5.1.1 of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the collateral agreements executed in connection with the consummation of the transactions contemplated herein contain the entire agreement among the parties with respect to the Exchange and related transactions, and supersede all prior agreements, written or oral, with respect thereto.

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: The Administrative Agent shall have received evidence of insurance coverage in form, scope, and substance reasonably satisfactory to the Administrative Agent and otherwise in compliance with the terms of Section 5.10 hereof and Section 4.12 of each of the U.S. Security Agreement and each applicable Canadian Security Document.

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: district court’s statement that Carrera’s “criminal history up to [the commission of the 1997 offense] was violent.” The presentence investigation report (PSR) for the 1997 offense reported a prior criminal conviction of aggravated assault. See PSR, p. 8. There was no abuse of discretion in the sentencing court’s consideration of that criminal history or the violent nature of the car-jacking offense in determining the length of the revocation sentence. In imposing a consecutive sentence, the district court correctly stated that it was following the policy (rather than mandate) of the Sentencing Commission. See Sent. Tr., p. 13. There is no suggestion that the court misinterpreted the guidelines to require a consecutive sentence. Cf. United States v. Crudup, 375 F.3d 5, 8 (1st Cir.2004) (<HOLDING>). Carrera objected at the revocation sentencing Options: A. holding in assault and involun tary manslaughter case that district court has discretion to impose concurrent or consecutive sentences based on finding of whether multiple counts involved the same harm B. holding that the federal constitutional right to a jury trial does not apply to decisions to impose consecutive sentences C. holding that the guidelines did not strip the sentencing court of its discretion to impose a concurrent sentence D. holding in agreement with fourth fifth seventh eighth ninth and eleventh circuits that courts general sentencing discretion under 18 usc 3584 authorizes district courts revoking supervised release to impose consecutive or concurrent sentences E. holding that 2003 amendment to ussg 5g13 worked a substantive change to that guideline by eneouraging district courts to impose consecutive sentences while at the same time permitting them in the exercise of their sound discretion to make the federal sentence concurrent

assistant: The best answer is E. holding that 2003 amendment to ussg 5g13 worked a substantive change to that guideline by eneouraging district courts to impose consecutive sentences while at the same time permitting them in the exercise of their sound discretion to make the federal sentence concurrent
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 damage ... is satisfied by ... proof of some damage flowing from the unlawful conspiracy; inquiry beyond this minimum point goes only to the amount and not the fact of damage” (emphasis added)). In sum, Dr. Beyer’s declaration provides a reasonable basis and a feasible means for plaintiffs to prove impact on a class-wide basis. At the class certification stage, the court’s task is not to determine whether his opinion will ultimately be persuasive, but rather to evaluate whether his declaration is sufficient to demonstrate common questions of fact warranting class certification. See In re Visa Check/MasterMoney Antitrust Lit., 280 F.3d 124, 135 (2d Cir.2001). The court is satisfied that his declaration satisfies this criteria. See, e.g., Linerboard Antitrust Lit., 203 F.R.D. at 220 (<HOLDING>); In re Vitamins Antitrust Lit., 209 F.R.D. Options: A. holding that claims must put parties on sufficient notice of underlying arguments or arguments are deemed waived B. holding that where counsel failed to articulate below the arguments they urged on appeal regarding sufficiency of the evidence the arguments were waived C. holding arguments not raised on appeal waived D. recognizing products liability and products actions based on negligence as part of the general maritime law E. holding plaintiffs demonstrated a means of proving impact on a classwide basis despite defendants arguments regarding variations in products and pricing

assistant: The best answer is E. holding plaintiffs demonstrated a means of proving impact on a classwide basis despite defendants arguments regarding variations in products and pricing
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: notwithstanding, Plaintiffs have not moved to amend the Complaint and, except as discussed above, their opposition brief barely elaborates on the breach of contract claim. 19 . The Court notes that this quote is essentially identical to the brief quoted in Rivera, 637 F.Supp.2d at 269. 20 . See Restatement (Second) of Contracts § 353 and comment a (“Recovery for emotional disturbance will be excluded unless the breach also caused bodily harm or the contract or the breach is of such a kind that serious emotional disturbance was a particularly likely result.... Damages for emotional disturbance are not ordinarily allowed.”). 21 . See Ogbin v. Fein, Such, Kahn & Shepard, PC, No. 08-4138, 2009 WL 1587896 at *3-4, 2009 U.S. Dist. LEXIS 46954 at *9-10 (D.N.J. May 29, 2009) (Cavanaugh, D J.) (<HOLDING>). 22 .Moreover, as already explained, no error Options: A. holding that plaintiffs law firm was subject to disqualifica tion when after unsuccessful mediation the plaintiffs firm hired the mediator appointed to settle the case B. holding that the plaintiffs state law claims are preempted by federal law C. holding that the plaintiffs met their burden by highlighting the experience and qualifications of plaintiffs counsels firm and the firms long history of practice in this area of law D. holding that law firm who was plaintiffs adversary in foreclosure proceeding owed no duty to plaintiffs as law firm could not have expected that plaintiffs would rely on law firms representations about payoff amounts E. holding that punitive damages award against vicariously liable law firm was not excessive in part because the award is proportionate to the law firms financial position

assistant: The best answer is D. holding that law firm who was plaintiffs adversary in foreclosure proceeding owed no duty to plaintiffs as law firm could not have expected that plaintiffs would rely on law firms representations about payoff amounts
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: CANTERO, J., specially concurring. I agree with the majority that any violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), or Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), would be harmless error in this case. I write to express my belief that whether Apprendi and Blakely can even be applied at the resentencing of a defendant whose conviction and original sentence became final before those cases were decided depends on whether a new jury can be empaneled to decide facts relevant to sentencing. We already have held that Apprendi does not apply retroactively. See Hughes v. State, 901 So.2d 837 (Fla.2005). Presumably, neither does its offspring, Blakely. See, e.g., Hicks v. State, 905 So.2d 990, 991 (Fla. 3d DCA) (<HOLDING>), review denied, 917 So.2d 193 (Fla.2005); Options: A. holding that apprendi does not apply retroactively to claims raised in a 2255 motion B. holding that apprendi does not retroactively apply to 2241 petitions C. holding that because apprendi does not apply retroactively neither does blakely D. holding that blakely does not apply retroactively to 2255 motions E. holding that apprendi does not retroactively apply to 2255 motions

assistant: The best answer is C. holding that because apprendi does not apply retroactively neither does blakely
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: 392 U.S. 657 88 S.Ct. 2279 20 L.Ed.2d 1346 Paul E. SULLIVAN et al.v.LITTLE HUNTING PARK, INC., et al. No. 1188. Supreme Court of the United States October Term, 1967. June 17, 1968 Allison W. Brown, Jr., Robert M. Alexander, Jack Greenberg and James M. Nabrit III, for petitioners. John Chas. Harris, for respondents. On Petition for Writ of Certiorari to the Supreme Court of Appeals of Virginia. PER CURIAM. 1 The petition for a writ of certiorari is granted and the judgment is vacated. The case is remanded to the Supreme Court of Appeals of Virginia for further consideration in light of Jones v. Alfred H. Mayer Co., 392 U.S. 409, 88 S.Ct. 2186, 20 L.Ed.2d 1189. 2 Mr. Justice HARLAN and Mr. Justice WHITE dissent for the reasons stated in Mr. Justice Harlan's dissenting opinion in Jones v. Alfred H. Mayer Co., 392 U.S. 409, 449, 88 S.Ct. 2186, 2208, 20 L.Ed.2d 1189.

assistant: 2
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: 68,096-01 at 287-89. After describing the graphic and offensive nature of the defendants’ actions, the state habeas corpus court agreed with Thibodeaux that “a rationale jury would not have convicted [Schultze] of the lesser included offense of sexual assault.” Id. at 290 (emphasis in original). Based on these facts, which Schultze does not refute, the state habeas corpus court concluded further that Thibodeaux was not deficient for failing to request a jury instruction on the lesser included offense of sexual assault: 63. Counsel cannot be considered ineffective for failing to request a jury instruction for a lesser included offense which would either counteract the defensive theory or which would be damaging to [Schultze]. See Ex parte Ewing, 570 S.W.2d 941, 945 (Tex.Crim.App.1978) (<HOLDING>). 64. When evidence against a defendant is Options: A. holding that trial strategy will be reviewed by appellate courts only if the record demonstrates that action was without any plausible basis B. holding that a trial courts hearsay ruling will be affirmed on any legal basis apparent in the record C. holding that where both the appellate and trial courts are reviewing the paper record there is no reason for the appellate courts to defer to the trial courts finding D. holding that a district courts factfindings must be upheld if plausible in light of the entire record E. holding that if a trial court reaches the right result but for the wrong reasons it will be upheld if there is any basis which would support the judgment in the record

assistant: The best answer is A. holding that trial strategy will be reviewed by appellate courts only if the record demonstrates that action was without any plausible basis
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: With effect as of the Effective Date, Section 1.01 of the Credit Agreement is hereby amended by replacing the date “February 28, 2019” in the definition of “Maturity Date” therein with “March 7, 2019”.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 31 L.Ed.2d 104 (1972) (refusing to distinguish between exculpatory and impeachment evidence in the Brady context); Napue v. Illinois, 360 U.S. 264, 269, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959) (refusing to distinguish between exculpatory and impeachment evidence in cases involving prosecutorial misconduct). Accordingly, we recognized in Davis that sometimes, newly-discovered impeachment evidence may be so powerful that, if it were to be believed by the trier of fact, it could render the witness’ testimony totally incredible. In such a case, if the witness’ testimony were uncorroborated and provided the only evidence of an essential element of the government’s case, the impeachment evidence would be ‘material’ under [the Harrington test]. 960 F.2d at 825; see also Taglia, 922 F.2d at 415 (<HOLDING>); 3 Wright et al., supra, § 557, at 560, 563 Options: A. holding that the movant was not entitled to new trial under rule 59 based on a defense which if properly placed in issue would have affected the course of the jury trial B. holding that a new trial would be warranted under rule 33 if it were discovered after trial that the governments star witness was utterly unworthy of being believed because he had lied consistently in a string of previous cases C. holding that there is a presumption that new evidence discovered by criminal defendant after trial is over would not change outcome of trial D. holding that upon remand if the trial court determined that the testimony in a newly discovered evidence claim was reliable the trial court must review that new evidence as well as brady claims that were previously rejected in a prior postconviction motion because the evidence was equally accessible to the defense and there was no reasonable probability that the result of the trial would have been different had the evidence been disclosed E. holding that affidavit from a new witness was not newly discovered evidence because trial counsel knew of the existence of the witness before trial trial counsel with due diligence could have discovered the evidence

assistant: The best answer is B. holding that a new trial would be warranted under rule 33 if it were discovered after trial that the governments star witness was utterly unworthy of being believed because he had lied consistently in a string of previous cases
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: consequences of his own wrongful acts. It grants him the privilege of being confronted with the witnesses against him; but if he voluntarily keeps the witnesses away, he cannot insist on his privilege. If, therefore, when absent by his procurement, their evidence is supplied in some lawful way, he is in no condition to assert that his constitutional rights have been violated. Id. at 158. In other words, while the Constitution does grant a privilege of confronting ones accusers, that privilege is lost if the accuser causes the witness's unavailability at trial. ¶ 40. Since the Reynolds decision, the Court has continued to acknowledge the concept that a defendant can forfeit through misconduct his or her confrontation rights. See, e.g., Diaz v. United States, 223 U.S. 442, 451-53 (1912) (<HOLDING>); Snyder v. Massachusetts, 291 U.S. 97, 106 Options: A. holding that a hearsay statement can itself be considered in first determining if a conspiracy existed when the statement was made B. holding that defendant who introduced hearsay statement waived objection to admission of another part of same statement C. holding that a defendant waives right to object to a hearsay statement on confrontation grounds when he or she offers the statement D. holding that a statement implying that the defendant was guilty of the crime for which he was on trial was inadmissible hearsay E. holding prior statement subject to crossexamination when made does not violate confrontation clause

assistant: The best answer is C. holding that a defendant waives right to object to a hearsay statement on confrontation grounds when he or she offers the statement
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 for any Marketing Authorizations, Regulatory Filings, manufacturing approvals or similar approvals necessary for the Development, Manufacture or Commercialization of the Products, all necessary consents, approvals and authorizations of all Governmental Authorities and other Persons required to be obtained by it in connection with the execution, delivery and performance of this Agreement have been obtained.

assistant: Consents
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: after a debtor is granted a discharge. This argument is without merit. Rule 4004 specifies when complaints objecting to discharge may be filed and when the court may grant a discharge; it does not limit the trustee’s ability to administer the estate after discharge or otherwise modify a trustee's duty to collect estate property in a Chapter 7 bankruptcy. See 11 U.S.C. § 704(a)(1) (requiring trustee to “collect and reduce to money the property of the estate”); see also id. § 542(a) (requiring turnover of estate property to trustee); id. § 554(d) (stating that property that is not abandoned or administered remains estate property). 3 . In addition to revoking the debtors’ discharge, the court can impose sanctions for civil contempt. See In re Skinner, 917 F.2d 444, 447 (10th Cir.1990) (<HOLDING>). In this case, the trustee filed a motion for Options: A. holding that civil contempt is designed to coerce the defendant into compliance with the courts order or compensate the complainant for losses sustained B. recognizing power of bankruptcy court under 105 of the code and bankruptcy rule 9020 to impose contempt sanctions for violations of automatic stay C. holding that 105 authorizes bankruptcy courts to impose sanctions for civil contempt to compel compliance with a court order or compensate parties for losses caused by noncompliance D. holding that section 105a facilitates compliance with the bankruptcy code and the bankruptcy courts orders and compliance is one of the central goals of civil contempt sanctions E. recognizing power of bankruptcy court to impose sanctions on parties and counsel who willfully abuse the judicial process but not finding sanctions appropriate against debtor and his attorney for their repeated bankruptcy filings

assistant: The best answer is C. holding that 105 authorizes bankruptcy courts to impose sanctions for civil contempt to compel compliance with a court order or compensate parties for losses caused by noncompliance
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: Mondelēz International agrees to pay on demand (i) all reasonable costs and expenses in connection with the preparation, execution, delivery, administration (excluding any cost or expenses for administration related to the overhead of the Administrative Agent), modification and amendment of this Agreement and the documents to be delivered hereunder, including, without limitation, the reasonable fees and out-of-pocket expenses of counsel for the Administrative Agent and the Joint Lead Arrangers with respect thereto and with respect to advising the Administrative Agent as to its rights and responsibilities under this Agreement (which, insofar as such costs and expenses relate to the preparation, execution and delivery of this Agreement and the closing hereunder, shall be limited to the reasonable fees and expenses of Cravath, Swaine & Moore LLP), and (ii) all costs and expenses of the Lenders and the Administrative Agent, if any (including, without limitation, reasonable counsel fees and expenses of the Lenders and the Administrative Agent), in connection with the enforcement (whether through negotiations, legal proceedings or otherwise) of this Agreement and the other documents to be delivered hereunder.

assistant: Enforcements
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: From and after the Effective Date, Agent shall make all payments in respect of [the][each] Assigned Interest (including payments of principal, interest, fees and other amounts) to [the][the relevant] Assignor for amounts which have accrued to but excluding the Effective Date and to [the][the relevant] Assignee for amounts which have accrued from and after the Effective Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The agreements in this Section shall survive the resignation of the Administrative Agent and the L/C Issuer, the replacement of any Lender, the termination of the Total Revolving Credit Commitments and the repayment, satisfaction or discharge of all the other Obligations.

assistant: Survival