flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto hereby consents to the jurisdiction of all state and federal courts located in San Diego County, California, as well as to the jurisdiction of all courts to which an appeal may be taken from such courts, for the purpose of any suit, action, or other proceeding arising out of, or in connection with, this Agreement or any of the transactions contemplated hereby, including any proceeding relating to ancillary measures in aid of arbitration, provisional remedies, and interim relief, or any proceeding to enforce any arbitral decision or award. Each party hereby expressly waives any and all rights to bring any suit, action, or other proceeding in or before any court or tribunal other than the courts described above and covenants that it shall not seek in any manner to resolve any dispute other than as set forth in this section, or to challenge or set aside any decision, award, or judgment obtained in accordance with the provisions hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall (A) execute and deliver to the Administrative Agent an Assignment and Acceptance via an electronic settlement platform or manually, if previously confirmed, together with a processing and recordation fee of $3,500 unless waived in the sole discretion of the Administrative Agent, (B) deliver an Administrative Questionnaire unless the assignee is already a Lender and (C) deliver the documents required under Section 2.19 .

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 case excerpt and choose the best holding from the options. Case excerpt: take much to establish probable cause”). Given everything that Raisbeck knew at the time of the arrest, it was reasonable for him to believe that Miller had sold 2317, 76 L.Ed.2d 527 (1983) (same). The phone calls that Detective Raisbeck had overheard and the surveillance of the restaurant provided even more corroboration. Although the detectives had not witnessed Miller do or say anything overtly incriminating on the day of the controlled buy, his actions were suspicious when considered in context. For example, Miller entered the restaurant with no apparent legitimate purpose only moments after Nicole had told him she “needed a hundred,” a phrase Raisbeck interpreted as a request to purchase $100 worth of crack cocaine. See United States v. Burnside, 588 F.3d 511, 518 (7th Cir. 2009) (<HOLDING>); United States v. Funches, 327 F.3d 582, 586 Options: A. holding that while some conduct consistent with drug activity may not arouse suspicion in an average citizen an officers training and experience of how drug crimes are committed may provide the officer with a different perspective and should factor into the rubric when determining the reasonableness of the officers suspicion B. holding that a police officers opinion that a defendant was most definitely engaged in drug dealing was not proper lay testimony because it was based on the officers specialized training in narcotics and extensive experience in methamphetamine cases C. recognizing officers qualification to offer nonscientific expert opinion of intoxication based on training and experience D. recognizing that officers are entitled to rely on training and experience in forming belief that drug transaction has occurred E. holding experts experience knowledge and training is considered in determining reliability

assistant: The best answer is D. recognizing that officers are entitled to rely on training and experience in forming belief that drug transaction has occurred
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: at 634, the Supreme Court made a similar observation about the offending portion of the Violence Against Women Act, noting further that “Lopez makes clear” that such a jurisdictional element would have lent support to the constitutionality of the Act. Morrison, 529 U.S. at 613, 120 S.Ct. 1740. The felon-in-possession statute, on the other hand, has a jurisdictional element that has been considered by the Supreme Court in United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971), and Scarborough v. United States, 431 U.S. 563, 97 S.Ct. 1963, 52 L.Ed.2d 582 (1977), the latter case holding that only a minimal nexus with interstate commerce satisfies the interstate commerce requirement of the felon-in-possession statute (then 18 U.S.C. § 1202). See Lemons, 302 F.3d at 770-71 (<HOLDING>). Wolvin asks us to read the holding of Lopez Options: A. recognizing application of the doctrines may involve a fact question for the jury but not finding such a question in the case before it B. recognizing that the supreme court maintained the trial courts fact finding authority without setting a new standard in booker C. recognizing that the supreme court in those cases was principally concerned with congressional intent but finding that the constitutional question was not far from the courts mind D. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record E. holding that although not essential to the outcomes of two previous cases the court of appeals should have followed the texas supreme courts statements in those cases

assistant: The best answer is C. recognizing that the supreme court in those cases was principally concerned with congressional intent but finding that the constitutional question was not far from the courts mind
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: Immediately when all conditions set forth in Section II.C have been fully satisfied, Company will issue and sell to Investor and Investor will purchase the Debenture by payment to Company of $500,000.00 in cash, by wire transfer of immediately available funds to an account designated by Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: We review the WCC’s conclusions of law to determine whether they are correct. Van Vleet v. Montana Ass’n of Counties Workers’ Comp. Trust, 2004 MT 367, ¶ 9, 324 Mont. 517, ¶ 9, 103 P.3d 544, ¶ 9. We review the WCC’s findings of fact to determine whether they are supported by substantial credible evidence. Van Vleet, ¶ 9. DISCUSSION ISSUE ONE ¶12 Whether the rule announced in Schmill I applies retroactively. ¶13 In Dempsey we concluded that the opinions of this Court regarding questions of state law are presumptively retroactive. We allowed for an exception to this presumption when an opinion satisfies all three of the Chevron factors. Dempsey, ¶ 31. This conclusion was consistent with our prior holdings, although admittedly not consistent with some of our prior dicta. See Dempsey, ¶ 30 (<HOLDING>). The Chevron factors originate from Chevron Options: A. holding that only relevant factors must be considered B. recognizing same factors C. holding regulations entitled to chevron deference D. holding that chevron deference is due only to a reasonable interpretation made by the administrator of an agency E. recognizing dicta from poppleton v rollins 1987 226 mont 267 271 735 p2d 286 289 indicating that only one of the chevron factors must be satisfied

assistant: The best answer is E. recognizing dicta from poppleton v rollins 1987 226 mont 267 271 735 p2d 286 289 indicating that only one of the chevron factors must be satisfied
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, all of which shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party; provided that a facsimile, electronic or .pdf signature shall be considered due execution and shall be binding upon the signatory thereto with the same force and effect as if the signature were an original, not a facsimile, electronic or .pdf signature.

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: [he] thought would have bearing on that motion to suppress [he] would have put [Everett] on [the stand].” At the postconviction evidentiary hearing, Everett testified that while still in Alabama custody, he made statements to Detective John Murphy—an investigator with the Baldwin County Sheriffs Office—in between Everett’s statements to Sergeant Rodney Tilley, which were never presented to the trial court or jury. The postconviction court determined that attorney Smith was not ineffective. It found that Everett’s “version of what took place [was] not credible” and that nothing established that if Everett had testified at the suppression hearing, the trial court would have reached a different result. We agree that Everett did not establish that counsel was ineffective. This Court has co (<HOLDING>). Attorney Smith testified at the Options: A. holding that trial counsels failure to call defendants family members as witnesses during penalty phase was reasonable trial strategy and not ineffective assistance of counsel B. holding that counsels failure to investigate the defendants personal and psychiatric history constituted ineffective assistance during the penalty phase but not during the guilt phase C. holding trial counsels failure to investigate and present substantial mitigation evidence during the sentencing phase can constitute ineffective assistance of counsel D. holding the failure to call alibi witnesses promised during opening statement was not ineffective assistance of counsel E. holding counsels failure to object to victim impact testimony and evidence was not ineffective assistance of counsel when the trial record was silent as to counsels strategy

assistant: The best answer is A. holding that trial counsels failure to call defendants family members as witnesses during penalty phase was reasonable trial strategy and not ineffective assistance of counsel
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: as appellate courts in reviewing sufficiency challenges to such awards: (1) whether the plaintiff lost the esteem of his/her peers; (2) whether the plaintiff suffered physical injury as a consequence of her emotional distress; (3) whether the plaintiff received psychological counseling or other medical treatment; (4) whether the plaintiff suffered a loss of income; (5) the degree of emotional distress; (6) the context of the events surrounding the emotional distress; (7) the evidence tending to corroborate the plaintiff’s testimony; (8) the nexus between the challenged conduct and the emotional distress; and (9) any mitigating circumstances. Price, 93 F.3d at 1254 (citing Spence v. Board of Educ. of Christina Sch. Dist., 806 F.2d 1198, 1201 (3d C ., 375 F.3d 1228, 1233 (11th Cir.2004) (<HOLDING>). 9 . The DOT contended that Akouri did not Options: A. holding that almendareztorres remains binding despite apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 B. holding that the supreme courts opinion in reeves v sanderson plumbing prods inc 530 us 133 120 sct 2097 147 led2d 105 2000 does not require a pretext instruction to be given in employment discrimination cases and thus does not affect the holding in palmer C. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 was not violated where the sentence did not exceed the applicable statutory maximum D. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 did not overrule almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 E. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 does not apply to a judges exercise of discretion within a statutory range so long as a defendants sentence is not set beyond the maximum term specified in the substantive statute

assistant: The best answer is B. holding that the supreme courts opinion in reeves v sanderson plumbing prods inc 530 us 133 120 sct 2097 147 led2d 105 2000 does not require a pretext instruction to be given in employment discrimination cases and thus does not affect the holding in palmer
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 execution, delivery, and performance by Seller of this Agreement, any Transaction Request and Confirmation hereunder, and the Program Agreements do not conflict with any term or provision of the organizational documents of Seller or any law, rule, regulation, order, judgment, writ, injunction, or decree applicable to Seller of any court, regulatory body, administrative agency, or governmental body having jurisdiction over Seller, which conflict would have a Material Adverse Effect and will not result in any violation of any such mortgage, instrument, agreement, or obligation to which Seller is a party.

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: This Note will be governed by, construed and enforced in accordance with the substantive laws of the State of Nevada (including any rights to specific relief provided for under Nevada statutes), without regard to the conflict of laws principles thereof. The parties hereby warrant and represent that the selection of Nevada law as governing under this Note (i) has a reasonable nexus to each of the Parties and to the transactions contemplated by the Note; and (ii) does not offend any public policy of Nevada, Florida, or of any other state, federal, or other jurisdiction.

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: law restricting its jurisdiction. Where a court is authorized by statute to entertain jurisdiction in a particular case only, and it undertakes to exercise the power and jurisdiction conferred in a case to which the statute has no application, in so doing it will not acquire jurisdiction and its judgment will be a nullity and subject to collateral attack. Chickamauga Trust Co. v. Lonas, 139 Tenn. 228, 201 S.W. 777, 778-79 (1918). With this distinction in mind, the Receiver cites a number of Tennessee cases suggesting that although Surety Bank may attack the Chancery Court’s subject matter jurisdiction to appoint a receiver, it may not collaterally attack the scope of the receiver’s authority. See, e.g., Slaughter v. Louisville & Nashville R. Co., 125 Tenn. 292, 143 S.W. 603, 605 (1911)(<HOLDING>); Roberison v. Davis, 169 Tenn. 659, 90 S.W.2d Options: A. holding that while a magistrate lacked the authority to enter an order granting a motion to correct error and thus that the order was defective for failing to contain the judges signature or another indication it was approved or adopted by the trial court the city waived any challenge to the validity of the order by failing to make a timely objection and observing that the indiana supreme court has long held that defects in the authority of a court officer as opposed to the jurisdiction of the trial court itself to enter a final order will be waived if not raised through a timely objection and more recently this court has applied the same principle to civil proceedings and clarified that any objection to the authority of an adjudicative officer must be raised at the first instance the irregularity occurs or at least within such time as the tribunal is able to remedy the defect B. holding that a void decree has no legal effect C. holding that the scope of the receivers authority prescribed in the order of his appointment cannot be questioned in another tribunal unless the order or decree was void D. holding that void order must exceed courts authority to act and not be merely erroneous E. holding that an order granted simultaneously with a recusal order is void unless the trial judges written order was but a reduction of an earlier adverse oral ruling made prior to the recusal

assistant: The best answer is C. holding that the scope of the receivers authority prescribed in the order of his appointment cannot be questioned in another tribunal unless the order or decree was void
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: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, would reasonably be expected to result in a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of such Plan by an amount that would reasonably be expected to result in a Material Adverse Effect.

assistant: Erisa
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: Drapeau’s cohorts, the cohort would be a “victim” of making the bomb. Further, firebombs are inherently dangerous. There is no peaceful purpose for making a bomb. Felony offenses that involve explosives qualify as “violent crimes” for purposes of enhancing the sentences of career offenders. See 18 U.S.C. § 924(e)(2)(B)(ii) (defining a “violent felony” as: “any crime punishable by imprisonment for a term exceeding one year ... that ... involves use of explosives”). Courts have found possession of a'bomb to be a crime of violence based on the lack of a nonviolent purpose for a bomb and the fact that, by its very nature, there is a substantial risk that the bomb would be used against the person or property of another. See United States v. Newman, 125 F.3d 863 (10th Cir.1997) (unpublished) (<HOLDING>); United States v. Dodge, 846 F.Supp. 181, Options: A. holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1 B. holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence C. holding that sexual assault of a child qualified as crime of violence under 18 usc 16 D. holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b E. holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16

assistant: The best answer is A. holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1
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: Purchaser agrees to indemnify and hold harmless the Company and each director, officer or agent thereof from and against any and all losses, damages, liabilities and expenses arising out of or in connection with any breach of, or inaccuracy in, any representation or warranty of the undersigned, whether contained in this Agreement or otherwise.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: J. Phillip Alexander Goolsby appeals the denial of his motion for relief from judgment pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm because no error has been shown. We write only to point out that a defendant’s speedy trial rights with respect to charges in one jurisdiction are not implicated when the defendant is being held pending a trial in another jurisdiction. See Hill v. Wainwright, 617 F.2d 375, n. 1 (5th Cir.1980) (<HOLDING>). AFFIRMED. SHARP, W. and ORFINGER, JJ„ Options: A. holding the defendant did not demonstrate a denial of his sixth amendment right to a speedy trial where even though the delay was substantial and the defendant was detained pretrial for three years the fault for the delay was shared and the defendant continued to request continuances following his assertion for the right to a speedy trial B. holding that when determining whether a delay in prosecution violates a defendants right to a speedy trial courts must consider the length of the delay the reason for the delay whether the defendant asserted his rights and the resulting prejudice to the defendant C. holding that the state could not under any circumstances be charged for the delay during the period the defendant was held after his arrest for and until his conviction on felony charges in another jurisdiction D. holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction E. holding that felony conviction for which imposition of sentence was stayed could be counted as prior felony conviction under sentencing guidelines

assistant: The best answer is C. holding that the state could not under any circumstances be charged for the delay during the period the defendant was held after his arrest for and until his conviction on felony charges in another 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 case excerpt and choose the best holding from the options. Case excerpt: States v. Sekhar, 683 F.3d 436, 440-41 (2d Cir.2012). Petitioner’s allegation that counsel failed to use the absence of mens rea as a defense does not prove ineffective assistance of counsel. 5. Misinterpretation of Laws Feldman further contends counsel was ineffective because he misunderstood the doctrines of specialty and dual criminality, which impacted the outcome of the case. The doctrine of specialty is a principal of international law requiring that a defendant be tried only for those crimes for which he is extradited. United States v. Yousef, 327 F.3d 56, 115 (2d Cir.2003). This doctrine limits a court’s personal jurisdiction over a defendant, and is thus forfeited if not timely raised. Id. (citing Ford v. United States, 273 U.S. 593, 606, 47 S.Ct. 531, 535, 71 L.Ed. 793 (1927) (<HOLDING>)). The doctrine of dual criminality requires Options: A. holding that appellant forfeited his complaint regarding his sentence because he did not object at trial B. holding that defendants objection to personal jurisdiction was forfeited where defendant did not object before he entered his plea C. holding that a defendant must show reasonable probability that but for the error he would not have entered the plea D. holding that appellant forfeited his complaint regarding his postadjudication sentence because he did not object at trial or present his motion for new trial E. holding that defendant did not preserve his challenge to alleged prosecutorial misconduct where he did not timely object

assistant: The best answer is B. holding that defendants objection to personal jurisdiction was forfeited where defendant did not object before he entered his plea
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: DMV’s stated purpose in issuing license plates. We are not persuaded. As the District Court correctly concluded, Vermont’s restriction on scatological terms — what the Vermont statute describes as “offensive”— reasonably serves legitimate governmental interests. Automobile license plates are governmental property intended primarily to serve a governmental purpose, and inevitably they will be associated with the state that issues them. Although the owner of a vehicle chooses the characters that appear on a vanity plate, the Vermont DMV must approve of a vanity plate before issuing it. The state has a legitimate interest in not communicating the message that it approves of the public display of offensive scatological terms on state license plates. See General Media, 131 F.3d at 283-284 (<HOLDING>). The fact that Perry’s plates do not actually Options: A. holding where 1 the government provided the defendant with all the necessary drugmaking materials 2 the government provided instructions on how to make the drugs and 3 the defendant sought out the materials and help from the undercover government agents the case set the outer limits to which the government may go in the quest to ferret out and prosecute crimes but the governments conduct did not rise to the level of a due process violation B. holding that the government has a legitimate interest in not appearing to endorse lascivious materials on a military base and that banning such materials is a reasonable way to serve that interest C. holding that defendants interest in preventing the impairment of its performance outweighed plaintiffs interest in disseminating racist materials anonymously through the mail D. holding that applicants for welfare benefits had a property interest or legitimate claim of entitlement and were entitled to due process to protect that interest E. holding on summary judgment that a regulation is narrowly tailored to serve a significant government interest

assistant: The best answer is B. holding that the government has a legitimate interest in not appearing to endorse lascivious materials on a military base and that banning such materials is a reasonable way to serve that interest
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: No Seller Party or any Subsidiaries thereof nor, to the knowledge of any Seller Party, any Affiliates thereof (a) is a Sanctioned Target, (b) is controlled by or is acting on behalf of a Sanctioned Target, or (c) to the best knowledge of Seller Parties after due inquiry, is under investigation for an alleged breach of Sanctions by a governmental authority that enforces Sanctions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: gas as it emerges at the wellhead”); Piney Woods Country Life Sch. v. Shell Oil Co., 726 F.2d 225, 230-31 (5th Cir.1984) (interpreting Mississippi law and stating that “[t]he royalty compensates the lessor for the value of the gas at the well: that is, the value of the gas after the lessee fulfills its obligation under the lease to produce the gas at the surface, but before the lessee adds to the value of the gas by processing or transporting it”); Atlantic Richfield Co. v. State, 214 Cal.App.3d 533, 262 Cal.Rptr. 683, 688 (1989) (“When the term ‘at the well’ is used in connection with ‘market price’ ... the lessor, such as [the] State, bears its proportionate share of processing costs incurred downstream of the well.”); Babin v. First Energy Corp., 693 So.2d 813, 815 (La.Ct.App.1997) (<HOLDING>); Schroeder v. Terra Energy, Ltd., 223 Options: A. holding that investigatory costs are considered costs of response under cercla B. holding that costs are not fixed until judgment is entered and interest can only run on costs when due C. holding that the pricereceived basis for payment in the lease is sufficient in itself to excuse the hyders from bearing postproduction costs D. holding that the costs of severance taxes transportation processing and treatment are considered to be postproduction costs and are therefore borne proportionately by the lessee and the royalty owner E. holding that courier and messenger costs are not taxable costs

assistant: The best answer is D. holding that the costs of severance taxes transportation processing and treatment are considered to be postproduction costs and are therefore borne proportionately by the lessee and the royalty owner
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 be true by the first jury. When a jury acquits a person of one offense but finds the person guilty of a lesser-included offense, and the verdict is overturned or a new trial granted for a reason other than insufficiency of the evidence, double-jeopardy principles do not bar a second prosecution for the lesser-included offense. Green v. United States, 355 U.S. 184, 78 S.Ct. 221, 2 L.Ed.2d 199 (1957), cited in Stine v. State, 935 S.W.2d 443, 445 (Tex. App.-Waco 1996, pet. refd) (first verdict overturned on appeal for jurisdictional er ror); Konchar v. State, 938 S.W.2d 500, 502 (Tex.App.-Tyler 1996, no pet.) (new trial granted based on procedural error); see also Ex parte Queen, 877 S.W.2d 752, 754-55 (Tex.Crim.App.1994) (citing Lofton v. State, 111 S.W.2d 96 (Tex.Crim.App. 1989) (<HOLDING>)). Because the homicide offenses were either Options: A. holding that remand for new trial is remedy for factual insufficiency of evidence B. holding that the double jeopardy clause precludes a second trial once the reviewing court has found the evidence legally insufficient C. holding double jeopardy does not bar second trial after granting of new trial for reason other than insufficiency of evidence D. holding that where a conviction is reversed after trial the double jeopardy clause does not bar a government appeal that if successful would only reinstate the conviction and would not subject defendant to a second trial E. holding that the dismissal of criminal charges for evidentiary insufficiency is an acquittal for purposes of the double jeopardy clause

assistant: The best answer is C. holding double jeopardy does not bar second trial after granting of new trial for reason other than insufficiency of evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, except to the extent that failure to do so could not, in the aggregate, reasonably be expected to have a Material Adverse Effect, and (b) maintain with financially sound and reputable insurance companies insurance on all its material property in at least such amounts and against at least such risks as are usually insured against in the same general area by companies engaged in the same or a similar business of comparable size and financial strength and owning similar properties in the same general areas in which the Borrower operates, which may include self-insurance, if determined by the Borrower to be reasonably prudent.

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 legal provision and list the applicable contract clause categories. Provision: Comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property (including ERISA, FCPA, OFAC, the Proceeds of Crime Act and the PATRIOT Act), except where the failure to do so, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect; provided that this Section 5.06 will not apply to laws related to Taxes, which are the subject of Section 5.03. The Borrower will maintain in effect and enforce policies and procedures designed to reasonably ensure compliance by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions in all material respects.

assistant: Compliance With 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: the broad power of the Courts of Criminal Appeals to protect an accused. See United States v. Parker, 36 MJ 269, 271 (CMA 1993). We have consistently recognized that the charter of Courts of Criminal Appeals on sentence review is to “do justice.” United States v. Claxton, 32 MJ 159, 162 (CMA 1991); United States v. Healy, 26 MJ 394, 395-96 (CMA 1988). Finally, we have consistently recognized the “broad power” of a Court of Criminal Appeals “to moot claims of prejudice by ‘affirming] only such findings of guilty and the sentence or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved.’” Wheelus, 49 MJ at 288, quoting Art. 66(c); see also United States v. Higbie, 12 USCMA 298, 30 CMR 298 (1961) (<HOLDING>). However, the power of the Courts of Criminal Options: A. recognizing power of board of review to reduce sentence in order to moot issue whether convening authority considered a dismissed charge and specification in his review of the adjudged sentence B. holding no jurisdiction to review order raising amount of bail and questioning jurisdiction to review denial of motion to reduce bond C. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard D. holding that a sentence imposed for a violation of supervised release will be upheld where 1 the district court considered the applicable policy statements 2 the sentence is within the statutory maximum and 3 the sentence is reasonable E. holding that when a sentencing issue centers upon a courts statutory authority to impose a sentence rather than the courts exercise of discretion in fashioning the sentence the issue raised implicates the legality of the sentence imposed

assistant: The best answer is A. recognizing power of board of review to reduce sentence in order to moot issue whether convening authority considered a dismissed charge and specification in his review of the adjudged sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The three-judge panel found that, in addition to complying with federal and state law, the General Assembly desired to create districts “more competitive for” the majority party. The panel noted the “undisputed” fact that in North Carolina “racial identification correlates highly with political affiliation.” The desire to create districts more competitive for the majority party had to occur within the requirements of the state constitution’s Whole County Provision. Thus, while the three-judge panel noted the General Assembly’s desire “to equalize population among the districts,” for state redistricting purposes, this finding must be viewed in the context of the Whole County Provision, which recognizes political subdivisions. See Stephenson I, 355 N.C. at 366, 562 S.E.2d at 386 (<HOLDING>). In light of the Whole County Provision, Options: A. holding that despite district courts restriction on crossexamination of government witness concerning the sentencing benefits he would earn through testifying for the government it did not violate defendants confrontation rights because of defense counsels effective impeachment of the government witnesses credibility and sentence reduction B. holding that amtrak is an agency of the government for purposes of the constitutional obligations of government C. recognizing the importance of the county to our system of government and that it is through counties mainly that the powers of government reach and operate directly upon the people quoting white v commrs of chowan cty 90 nc 437 438 1884 D. holding that whether error in failing to ask a question about bias in favor of law enforcement testimony requires reversal hinges on such factors as the importance of the government agents testimony to the case as a whole the extent to which the question concerning the venire persons attitude toward government agents is covered in other questions the extent to which the credibility of the government agentwitness is put into issue and the extent to which the testimony of the government agent is corroborated by nonagent witnesses internal quotation marks and citation omitted E. recognizing the importance of the employers knowledge of the disability

assistant: The best answer is C. recognizing the importance of the county to our system of government and that it is through counties mainly that the powers of government reach and operate directly upon the people quoting white v commrs of chowan cty 90 nc 437 438 1884
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: who published defamatory electronic messages, with knowledge that the messages would be published in New Jersey and could influence a claimant’s efforts to seek a remedy under New Jersey’s Law Against Discrimination, may properly be subject to the State’s jurisdiction”); Lebel, supra, 115 N.J. at 320, 558 A.2d 1252 (considering that the defendant actively solicited the business of a New Jersey plaintiff); Goldhaber v. Kohlenberg, 395 N.J.Super. 380, 389-90, 928 A.2d 948 (App. Div. 2007) (recognizing that the defendant “not only knew that plaintiffs resided in New Jersey, he knew the municipality in which they resided and made specific disparaging references to that municipality in many of his postings”); cf. Matsumoto v. Matsumoto, 335 N.J.Super. 174, 180-85, 762 A.2d 224 (App. Div.) (<HOLDING>), aff'd in part, mod. in part on other grounds, Options: A. recognizing new jerseys interest in deterrence of tortious misconduct as a relevant factor in choice of law decisions applicable where two of defendants were new jersey residents from whom damages were sought for their negligent acts in new jersey B. holding there was no personal jurisdiction over a foreign national who helped her son in an outofstate conspiracy to violate his former wifes custody rights under their new jersey divorce decree even if she had retained title to the new jersey marital home C. holding purposeful and deliberate omission on enactment of new jersey sales and use tax of exemption found in new york counterpart act which served as the model for new jersey act D. recognizing that pennsylvania had no interest in denying its residents the greater damages available under new jersey consumer fraud statutes for claims against a new jersey seller E. recognizing israel had no interest in denying its citizens the substantive advantages of new jersey defamation law in new jersey residents claims for defamation published in new jersey

assistant: The best answer is B. holding there was no personal jurisdiction over a foreign national who helped her son in an outofstate conspiracy to violate his former wifes custody rights under their new jersey divorce decree even if she had retained title to the new jersey marital home
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 term of this Agreement shall commence on the Effective Date and shall expire on the seventh (7 th ) annual anniversary of the first Delivery Date (the “ Initial Term ”) unless terminated earlier pursuant to the terms hereof. This Agreement shall be automatically renewed for successive additional two (2) year terms after the end of the Initial Term (each a “ Renewal Term ”) , unless either Party provides written notice to the other at least twenty-four (24) months prior to the end of the Initial Term or twenty-four (24) months prior to the end of the Renewal Term, as the case may be, that this Agreement shall expire at the end of the Initial Term or such Renewal Term. The Initial Term and all Renewal Terms shall be collectively referred to herein as the “ Term ”.

assistant: Terms
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 with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Purchasers or their agents or counsel with any information that it believes constitutes or might constitute material, non-public information which is not otherwise disclosed in the Prospectus Supplement or the Disclosure Package. The Company understands and confirms that the Purchasers will rely on the foregoing representation in effecting transactions in securities of the Company. The disclosure furnished by or on behalf of the Company to the Purchasers regarding the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby in the Disclosure Package does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made and when made, not misleading. The Company acknowledges and agrees that no Purchaser makes or has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3.2 hereof.

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 legal provision and list the applicable contract clause categories. Provision: The Company and the Bank agree to employ Executive and Executive accepts employment by the Company and the Bank on the terms and conditions set forth in this Agreement. Executive’s title will be Executive Vice President and Chief Administrative Officer of the Company and the Bank. During the term of this Agreement, Executive will serve as a director of the Bank.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, this Agreement has been duly authorized, executed and delivered by Licensee and constitutes a legal, valid and binding agreement of Licensee, enforceable in accordance with its terms, except to the extent that enforcement hereof may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or other Laws affecting enforcement of creditors’ rights or by general equitable principles.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests and other communications hereunder shall be in writing and shall be deemed to have been duly given at the time of receipt if delivered by hand or communicated by electronic transmission, or, if mailed, three days after deposit in the United States mail, registered or certified, return receipt requested, with postage prepaid and addressed to the party to receive same, if to the Company, addressed to Mr. Rich Kaiser, CGO, at 590 York Road, Unit 3, Niagara On The Lake, Ontario, CANADA L0S 1J0, telephone (716) 803-0621, and e-mail XXXXX and if to the Employee, addressed to Mr. Paul Parliament at P.O. Box XXX Post Office, St. David’s Ontario, XXXXX. telephone (905)-324-XXXX and e-mail XXXXX ; provided, however, that if either party shall have designated a different address by notice to the other given as provided above, then any subsequent notice shall be addressed to such party at the last address so designated.

assistant: Notices