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: of this new judge-made rule suggests a return to the former hostility of judges to contracts to arbitrate as attempts to oust courts of their jurisdiction. 5. Engaged in settlement negotiations for years without raising the arbitration clause Finally, the majority argue that arbitration may be waived simply by taking part in settlement discussions. This may be the most insidious part of the majority’s decision on a waiver of arbitration. Allowing mere attempts to settle to have the effect of waiving arbitration is a very pernicious holding. It is also incoherent with essential law and policy. So preferred is settlement of commercial disputes that the supreme court has forcefully articulated a strong public policy encouraging it. See Robbie v. City of Miami, 469 So.2d 1384 (Fla.1985) (<HOLDING>). And when parties attempt to effect a private Options: A. holding that property settlement agreements may be specifically enforced B. recognizing that a contract which is incomplete uncertain or indefinite in its material terms will not be specifically enforced in equity C. holding that restrictive covenants are not favored by the law and should be strictly construed as they are an interference with an owners free and full enjoyment of his property D. recognizing that an insurance contract will generally be enforced as written unless to do so would violate the law or public policy E. holding settlements are highly favored and will be enforced whenever possible

assistant: The best answer is E. holding settlements are highly favored and will be enforced whenever possible
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in those cases violated the ex post facto clause. As noted, that language has been withdrawn, and is not the proper test to use in this ex post facto analysis. See Collins, 497 U.S. at 50; State v. Thiel, 188 Wis. 2d 695, 702-03, 524 N.W.2d 641 (1994)(withdrawing Mueller's language that ex post facto test reviews whether new law "disadvantages" a defendant). ¶ 244. It is also worth noting that the punishment for Singh's crime — a class H felony — has not changed. It was six years with up to a maximum of three years' confinement plus up to a $10,000 fine in 2008, 2009, 2010 and 2011. 2011 Wis. Act 38 did not change the punishment annexed to the crime Singh committed at the time he committed it. See State ex rel. Britt v. Gamble, 2002 WI App 238, ¶ 24, 257 Wis. 2d 689, 653 N.W.2d 143 (<HOLDING>). The 2011 law did not change the punishment Options: A. holding no ex post facto violation because enhancement provision was already on the books when the defendant committed the 1985 firearm offense B. holding that the supreme courts ex post facto precedents do not clearly establish that amended section 29336 violates the ex post facto clause C. holding that the ex post facto clause did not apply because the civil contempt citation was not punitive D. holding that state work release regulation was not an ex post facto law E. holding that subsequently repealing the law in existence at the time the crime was committed that gave defendant the opportunity to ask for early release was not ex post facto because the sentence imposed was not extended

assistant: The best answer is E. holding that subsequently repealing the law in existence at the time the crime was committed that gave defendant the opportunity to ask for early release was not ex post facto because the sentence imposed was not extended
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in uniform in television advertisements advocating a position on a political issue). In the instant case, Defendants contend that Section 4.13 of the Code serves to maintain order and discipline among its officers and ensures that the Department remains unbiased and impartial to bolster public confidence in the fact that it administers the law in a fair and impartial manner. See Defs.’ Mem. of Law at 2-3. Defendants further highlight the fact that the state has a strong interest in controlling official speech. See id: As noted above, allowing police officers to speak publicly on partisan political matters while appearing to have the official support of the department leads to both internal unrest and public relations problems. See, e.g., Letter Carriers, 413 U.S. at 564, 93 S.Ct. 2880 (<HOLDING>); Sector Enterprises, Inc. v. DiPaleramo, 779 Options: A. holding that corporate officer and majority shareholder could be held liable for acting in a manner that served his interests at the expense of the other shareholders because his interests and the corporations were not necessarily aligned B. recognizing that a redistricting plan can be driven at least to some extent by partisan interests C. recognizing the obviously important government interests sought to be served by the limitations on partisan political activities contained in the hatch act D. holding that the most important factor in the preservation hierarchy is whether the relevant issue was raised in the trial court and the least important factor is whether the appellant alerted the trial court to the specific argument raised on appeal E. recognizing that admission is important to the evaluation of witness credibility

assistant: The best answer is C. recognizing the obviously important government interests sought to be served by the limitations on partisan political activities contained in the hatch act
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 be deemed an original, but all of which together shall constitute one and the same instrument. Signature and delivery by facsimile or other electronic method such as transfer of a PDF file by electronic mail shall be sufficient to evidence a party’s intention to be bound hereby.

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: to demonstrate that he was persecuted or tortured. Although he sought medical attention each time he was released, the BIA reasoned that Arshad did not show he suffered any harm greater than the denial of proper food and sleep, as opposed to cmy food or sleep, consistent with his claim that doctors told him to merely eat well and rest. Although the experiences Ar-shad claims to have suffered are troubling, we are not compelled to disagree with the BIA’s determination that the conditions of his detentions did not rise to the level of severity described in Fatin, for purposes of withholding of removal, or to the level of torture. Likewise, we agree that Arshad’s letter of resignation does not demonstrate past persecution entitling him to withholding of removal. See Li, 400 F.3d at 168 (<HOLDING>). As the BIA and IJ noted, the letter itself Options: A. holding that the deliberate imposition of severe economic disadvantage may constitute persecution if it threatens a petitioners life or freedom B. holding that recidivism may support the imposition of a severe penalty C. holding that to constitute persecution the harm must be sufficiently severe rising above mere harassment D. holding that an asylum applicant must show at least a deliberate imposition of a substantial economic disadvantage in order for the harm to constitute economic persecution E. holding that harm must be sufficiently severe rising above mere harassment to constitute persecution

assistant: The best answer is A. holding that the deliberate imposition of severe economic disadvantage may constitute persecution if it threatens a petitioners life or freedom
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: it returns a special verdict.” Williams v. Warden, 422 F.3d 1006, 1009 (9th Cir.2005) (quoting Zhang v. Am. Gem Seafoods, Inc., 339 F.3d 1020, 1031 (9th Cir.2003)). 6 . Under Nevada law, in cases imposing the death penalty the jury must return a "written verdict.” Nev.Rev.Stat. § 175.554(4) ("If a jury imposes a sentence of death, the jury shall render a written verdict signed by the foreman.”). 7 . The parties may poll the jury in order "to ascertain for a certainty that each of the jurors approves of the verdict as returned.” Humphries v. Dist. of Columbia, 174 U.S. 190, 194, 19 S.Ct. 637, 43 L.Ed. 944 (1899). Such a poll exists primarily to dispel uncertainty about the jury's verdict. See, e.g., Nelson, 692 F.2d at 84-85; United States v. Lustig, 555 F.2d 737, 746 (9th Cir.1977) (<HOLDING>). 8 . If the sentence is death, however, the Options: A. holding trial court did not abuse its discretion by ruling based only on affidavits B. holding that trial court did not abuse its discretion by not conducting multiple polls of jury where none of the jurors expressed uncertainty or disagreement about the verdict C. holding that trial court abused its discretion in failing to make a proper inquiry of jurors andor failing to strike jurors for cause after jurors explicitly expressed bias D. holding that trial court did not abuse its discretion by granting such a temporary injunction E. holding that the trial court did not abuse its discretion in refusing to strike for cause two potential jurors who had heard andor read about the case but indicated that they could render a fair and impartial verdict based on the evidence presented

assistant: The best answer is B. holding that trial court did not abuse its discretion by not conducting multiple polls of jury where none of the jurors expressed uncertainty or disagreement about the verdict
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: Amendment limits on secular court jurisdiction over religious disputes even though a church “entity” was not a party to the litigation. See, e.g., Downs v. Roman Catholic Archbishop of Baltimore, 111 Md.App. 616, 683 A.2d 808 (Md.1996); Marshall v. Munro, 845 P.2d 424 (Alaska 1993); Gipson v. Brown, 295 Ark. 371, 749 S.W.2d 297 (1988); Heard v. Johnson, 810 A.2d 871 (D.C.App.2002); Vukovich v. Radulovich, 235 Cal.App.3d 281, 286 Cal.Rptr. 547 (Cal.App.1991); Galich v. Catholic Bishop of Chicago, 75 Ill.App.3d 538, 31 Ill.Dec. 370, 394 N.E.2d 572 (1979). As to the alleged pleading difference, none exists. Plaintiffs incorporated the subject letter into their pleadings, and the letter was clearly signed by Defendants in their role as pastors of the Church. See Heard, 810 A.2d at 878 (<HOLDING>). Second, Plaintiffs argue Gaydos is Options: A. holding that members of a church congregation lacked sufficient interest to support intervention in an action by the church itself challenging the designation of the church as a landmark B. holding even though trustees of church were sued in individual capacities facts clearly demonstrated that the individuals named in the complaint were named precisely because they were trustees of the church and were being sued as trustees not as individuals C. holding that tolling does not apply to additional defendants who were not named in the class action D. holding that after a class is certified the controversy may exist between a named defendant and a member of the class represented by the named plaintiff even though the claim of the named plaintiff has become moot E. holding that courts can adjudicate property disputes as well as exercise jurisdiction over the narrow issue of whether bylaws of the church were properly adopted

assistant: The best answer is B. holding even though trustees of church were sued in individual capacities facts clearly demonstrated that the individuals named in the complaint were named precisely because they were trustees of the church and were being sued as trustees not as individuals
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: Exch., Inc., 831 F.2d 1339 (7th Cir.1987), cert. denied, 485 U.S. 906, 108 S.Ct. 1077, 99 L.Ed.2d 237 (1988) (applying both Illinois and Indiana law). The Sixth and Eighth Circuits, however, disagree. Both courts denied the corporation in bankruptcy the right to bring alter ego claims on behalf of its creditors. See Spartan Tube and Steel, Inc. v. Himmelspach (In re RCS Engineered Prods. Co.), 102 F.3d 223 (6th Cir.1996) (applying Michigan law); Mixon v. Anderson (In re Ozark Restaurant Equip. Co.), 816 F.2d 1222 (8th Cir.) (applying Arkansas law), cert. denied sub. nom., Jacoway v. Anderson, 484 U.S. 848, 108 S.Ct. 147, 98 L.Ed.2d 102 (1987). 18 . To ascertain the property ownership of a foreign bankruptcy estate, the law of the jurisdiction where the section 304 proceeding is p (<HOLDING>), cert. denied, 516 U.S. 1028, 116 S.Ct. 673, Options: A. holding appellate courts cannot reverse judgment on grounds not raised on appeal B. holding that we will not reverse in the absence of prejudice C. recognizing that appellate court may reverse trial courts judgment when it is based on an erroneous conclusion of law D. recognizing reverse piercing ordinarily in oneman corporations E. recognizing appellate court may not reverse a summary judgment on a basis not raised by the appellant on appeal

assistant: The best answer is D. recognizing reverse piercing ordinarily in oneman corporations
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: In the event that any provision or any portion of any provision hereof or any surviving agreement made a part hereof becomes or is declared by a court of competent jurisdiction or arbitrator to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without the invalid provision or portion of provision.

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: Inc., 911 F.2d 1082, 1083 (5th Cir.1990) (stating "the 'correct' interpretation of the life of Christ ... is not a justiciable question before a federal court”). Some treat the matter as an affirmative defense to liability. See In re: Roman Catholic Archbishop of Portland in Or., 335 B.R. 842, 849, 853 (Bankr.Or.2005) (granting summary judgment on affirmative defense of lack of subject-matter jurisdiction); Brazauskas v. Fort Wayne-South Bend Diocese, Inc., 796 N.E.2d 286, 290 (Ind.2003) (stating "pleading an affirmative defense like the Free Exercise Clause may under certain facts entitle a party to summary judgment”). But the majority of courts broadly conceptualize the prohibition as a subject-matter bar to jurisdiction. See, e.g., Tilton v. Marshall, 925 S.W.2d 672, 682 (Tex.1996) (<HOLDING>); Bell v. Presbyterian Church, 126 F.3d 328, Options: A. holding that act did not bar intentional infliction of emotional distress claim B. holding trial court abused its discretion in refusing to dismiss plaintiffs intentional infliction of emotional distress and related conspiracy claims and prohibiting court from exercising jurisdiction over them except to dismiss C. recognizing torts of intentional and negligent infliction of emotional distress D. recognizing the tort of intentional infliction of emotional distress E. holding that intentional infliction of emotional distress is a personal injury tort

assistant: The best answer is B. holding trial court abused its discretion in refusing to dismiss plaintiffs intentional infliction of emotional distress and related conspiracy claims and prohibiting court from exercising jurisdiction over them except to dismiss
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no actions, suits or proceedings (including Environmental Claims) pending or, to the knowledge of any Credit Party, threatened in writing with respect to any the Parent Guarantor, the Borrower or any of the Restricted Subsidiaries that could reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall commence on the Effective Date and continue until terminated in accordance with the provisions hereof (the “Term”). The Executive’s employment with the Company will continue to be “at will,” meaning that the Executive’s employment may be terminated by the Company or the Executive at any time and for any reason subject to the terms of this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: linkedin , slideshare , and `` in '' logos and other linkedin trademarks , service marks , graphics , and logos used for our services are trademarks or registered trademarks of linkedin .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment No. 3 may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Amendment No. 3 by telecopier or by electronic transmission of a pdf formatted counterpart shall be effective as delivery of a manually executed counterpart of this Amendment No. 3.

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: be limited to newly discovered evidence. Scroggins based his motion on the interest of justice and not expressly upon newly discovered evidence. Therefore, the district court erred in limiting its analysis of the motion, and the exercise of its discretion, to newly discovered evidence while not considering the primary basis of Scroggins’s motion— the interest of justice. Further, the district court’s failure to analyze the motion based on the interest of justice was not harmless to Scroggins. In contrast to motions made within the seven-day period, new trial motions based on newly discovered evidence are subjected “to an unusually stringent substantive test.” United States v. Ugalde, 861 F.2d 802, 808 (5th Cir.1988). See also United States v. Rachal, 473 F.2d 1338, 1343 (5th Cir.1973) (<HOLDING>); 3 Chaeles ÁLAN WRIGHT, ET AL., FEDERAL Options: A. holding that the district court did not abuse its discretion in denying motion for new trial based on newly discovered evidence where the evidence would serve only to impeach testimony B. holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly filed C. recognizing the heavier burden which the movant must carry in a new trial motion based on newly discovered evidence in contrast to motions based on other grounds which must be made within seven days after verdict D. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted E. holding that to obtain a new trial based on newly discovered evidence the defendant must allege facts from which the court may infer diligence on the part of the defendant

assistant: The best answer is C. recognizing the heavier burden which the movant must carry in a new trial motion based on newly discovered evidence in contrast to motions based on other grounds which must be made within seven days after verdict
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: reproducing a user video embodying an sr sample on your own mobile device or distributing such user video with private or public audiences via the service , provided such distribution is in strict compliance with this eula and the functionalities of the applicable app .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 10, the Committee shall adjust equitably the terms of this Award in accordance with Section 5.4 of the Plan, if applicable. Subject to the terms of this Award Agreement, the Restricted Stock shall be subject to the terms of the Plan, including, but not limited to, the provisions of Section 8.4 related to dividends and voting rights. Cash dividends paid on the Restricted Stock and on all of the Common Stock that may be subsequently acquired with such cash dividends, will be invested in the purchase of additional shares of Common Stock of the Corporation in accordance with the Popular, Inc. Dividend Reinvestment and Stock Purchase Plan (DRIP); such shares are not subject to the restrictions and are immediately vested.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his or her own statement concerning the lawsuit, which is in the possession, custody or control of any party. Tex.R.Civ.P. 192.3(h). 8 . This was the point at which Madden entered Hilbrich's room and found him deceased. Madden’s statement does not refer to the four calls for assistance contained in Schmidt's statement. 9 . The MLIIA limits liability in any health care liability claim where final judgment is rendered against a physician or health care provider to an amount not to exceed $500,000; however, this limit is adjusted for inflation, or deflation, under a formula based on the consumer price index. Tex.Rev.Civ.Stat.Ann. art 4590i §§ 11.02(a), 11.04 (Vernon Supp.2001). 10 . See Columbia Hosp. Corp. of Houston v. Moore, 43 S.W.3d 553, 558 (Tex.App.-Houston [1st Dist.] no pet.) (<HOLDING>). 11 . Because this case is not subject to Options: A. holding that prejudgment interest may inelude compound interest B. holding that prejudgment interest in suit filed before september 2 1987 not governed by article 5069105 section 6 C. holding that award and rate of prejudgment interest are within trial courts discretion D. holding that section 1602 of the mliia which became effective september 1 1995 requires that judgments include prejudgment interest E. holding that prejudgment interest may include compound interest

assistant: The best answer is D. holding that section 1602 of the mliia which became effective september 1 1995 requires that judgments include prejudgment 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: This Amendment No. 4 and Waiver may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Waiver. Delivery of an executed counterpart of this Amendment No. 4 and Waiver by telefacsimile or other electronic method of transmission shall be equally as effective as delivery of an original executed counterpart of this Amendment No. 4 and Waiver. Any party delivering an executed counterpart of this Amendment No. 4 and Waiver by telefacsimile or other electronic method of transmission also shall deliver an original executed counterpart of this Amendment No. 4 and Waiver, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment No. 4 and Waiver.

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 or she had racial prejudices against black people or would credit a white person’s testimony over that of a black person. Second, Appellant argues trial counsel was ineffective for failing to rehabilitate jurors who showed they were hesitant to impose the death penalty when the prosecutor was “death qualifying” them. Appellant asserts that the prosecutor challenged for cause eleven jurors who initially stated some form of opposition to the death penalty, and trial counsel failed to object or attempt to elicit more detailed information about whether the particular jurors were so predisposed that their personal beliefs would substantially impair their ability to judge the sentencing proceeding fairly. See Witherspoon v. Illinois, 391 U.S. 510, 522, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968) (<HOLDING>). The decision to disqualify a juror is within Options: A. holding prospective jurors may not be excused from jury service in a capital case because based on religious beliefs they voice general objections to the death penalty B. holding that trial court is not required to poll the jurors regarding possible acquittal on death penalty C. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty D. holding that defendant may be subject to death penalty on resentencing E. holding that potential jurors may not be excluded merely because they voice general moral or philosophical reservations about the death penalty

assistant: The best answer is E. holding that potential jurors may not be excluded merely because they voice general moral or philosophical reservations about the death penalty
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise determined by the Committee in its sole discretion (subject to Section 23 of the Plan) or as otherwise provided in this Section 3 or Section 9, the vesting of RSs covered hereby shall be subject to the Employee’s continued employment with the Company or a subsidiary or affiliate through the applicable vesting date indicated on the Award Summary (each, a “Vesting Date”). The Employee shall be eligible to vest on each Vesting Date in the applicable percentage of the shares of Common Stock covered by this Agreement set forth in the Award Summary.

assistant: Vesting
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 time to time, as and when requested by any Party, the Parties shall execute and deliver, or cause to be executed and delivered, all such documents and instruments and shall take, or cause to be taken, all such further or other actions as a Party may reasonably deem necessary or desirable in order to carry out the intent and accomplish the purposes of this Agreement and, subject to the conditions of this Agreement, the consummation of the transactions contemplated hereunder.

assistant: Further Assurances
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: “important factor” in the imposition of a sentence. Id. at 224. In assessing the sentencing transcript in this case, we consider those factors that the judge deemed important or salient in reaching his decision. We must conclude on the record before us that the district court, although certainly very cognizant of the need to protect the public and promote deterrence, nevertheless gave significant weight to its misapprehension of the defendant’s removal and reentry in order to commit drug trafficking offenses. Therefore, it simply is “not improbable that the trial judge was influenced by improper factors in imposing sentence.” Rizzo v. United States, 821 F.2d 1271, 1274 (7th Cir.1987) (internal quotation marks omitted); see also United States v. Barnes, 907 F.2d 693, 696 (7th Cir.1990) (<HOLDING>); United States v. Gomer, 764 F.2d 1221, 1223 Options: A. recognizing that it is difficult to discern what factors district judges rely on during sentencing B. recognizing same factors C. holding that sentence is reasonable when the district court properly addresses sentencing factors of 3553a D. recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so E. holding that where the aggravating circumstances are overwhelming it is particularly difficult to show prejudice at sentencing due to the alleged failure to present mitigation evidence

assistant: The best answer is A. recognizing that it is difficult to discern what factors district judges rely on during sentencing
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: Tenant acknowledges that the content of this Lease and any related documents are confidential information. Tenant shall keep such confidential information strictly confidential and shall not disclose such confidential information to any person or entity other than Tenant’s financial, legal, and space planning consultants, provided that the foregoing shall not apply to the extent Tenant is legally compelled (by oral questions, interrogatories, request for information or documents, subpoena, civil investigative demand or similar process) or by law or regulation to disclose any such confidential information. In addition, neither party will publish, release or publicize in any medium, print or electronic, or otherwise disclose anything about this Lease or the negotiations regarding the Lease without the express written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Landlord and Tenant shall reasonably cooperate in good faith in order to mutually issue a press release, and a notice to the Mayor of San Francisco’s office, with respect to the execution of this Lease and, when applicable, with respect to the commencement of business from the Premises by Tenant.

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 case excerpt and choose the best holding from the options. Case excerpt: taxpayers should be allowed to conduct their own midcycle revaluations of their property whenever they believe that their property values have declined since the last time the county revalued their property according to the legislatively sanctioned program. But if ASiMI is correct, counties would have to conduct out-of-cycle revaluations every time a taxpayer alleged a declination in property value during a midcycle year, unless they simply acquiesced to every allegation. Such a system is unsupported by statute and would render meaningless the uniformity goals of cyclical revaluation programs. Not only are ASiMI’s arguments unsupported by the language of RCW 84.36.005 and RCW 84.40.020, they are also unreasonable in light of chapter 84.41 RCW. See Campbell & Gwinn, 146 Wn.2d at 11-12 (<HOLDING>). IV. CONCLUSION ¶18 ASiMI has cited to no Options: A. holding that a statute should where possible be construed according to its plain meaning and as a whole giving meaning to all its parts B. holding that the plain meaning of a statute is ascertained by looking at all related statutes C. holding that an appellate court must give a statute its clear and plain meaning when the statute is unambiguous D. holding that we must give effect to the plain and ordinary meaning of a statutes language E. holding that we must give the words in statutes their plain and ordinary meaning

assistant: The best answer is B. holding that the plain meaning of a statute is ascertained by looking at all related statutes
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 of the Subsidiaries of the Company are disclosed on Schedule 3.1(a) . The Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities. If the Company has no subsidiaries, all other references to the Subsidiaries or any of them in the Transaction Documents shall be disregarded.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is not excluded by the hearsay rule. Tex.R. Evid. 803(1). The record does not reflect how long it took to walk from Carolina’s apartment to Carless’ and Carlos’ apartment, but it does reflect the two apartments were in close proximity and suggests the walk from one to the other was at best one minute. Given the close proximity between the two apartments, it is apparent Carolina’s first statement was made immediately after the con dition was perceived. We therefore hold Carolina’s first statement that Gizmo was upstairs in her apartment qualifies as a present sense impression because it was a statement describing a condition — Gizmo being in Carolina’s apartment — made by Carolina immediately after she perceived it. See Rabbani v. State, 847 S.W.2d 555, 560 (Tex.Crim.App.1992) (<HOLDING>), cert. denied, 509 U.S. 926, 113 S.Ct. 3047, Options: A. holding that an inculpatory statement by a declarant was not reliable when he viewed the defendant like an older brother providing a motivation to lie the statement was made only to defense investigators and not to prosecutors the declarant was not under oath had not been read his miranda rights and was not represented by counsel and the declarant ultimately recanted his admission B. holding in a criminal case that a statement by an unavailable declarant was not admissible as a declaration against his penal interest and was not admissible under rule 804b5 either C. holding that statement that declarant saw defendant outside was admissible under rule 8081 because the statement explained an event or condition D. holding appellate argument that statement violated rule 404b was improper because it was the defendant who elicited the statement at trial E. holding that a prior inconsistent statement was admissible and the defendant failed to ask for a limiting instruction that the jury could not use the statement as substantive evidence

assistant: The best answer is C. holding that statement that declarant saw defendant outside was admissible under rule 8081 because the statement explained an event or condition
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: Isienyi contends that the sentencing court erred in denying his request for a mitigating role adjustment pursuant to § 3B1.2. Second, he contends that the sentencing court erred in ordering the $2,000 fine. Discussion A. Isienyi argues that he should have been awarded a two- to four-level downward adjustment in his offense level because his role in the offense was minimal or at least minor. Section 3B1.2 of the Sentencing Guidelines provides a range of adjustments based on an individual’s miti gating role in the offense. Subsection (a) instructs the sentencing court to decrease an individual’s offense level by four levels if the individual “was a minimal participant” in the criminal activity. U.S.S.G. § 3B1.2(a). The commentary explains that subsection (a) applies to (9th Cir.1994) (<HOLDING>). We believe, nonetheless, that this Circuit’s Options: A. holding that a courier convicted of possession with intent to distribute may be entitled to a mitigating role reduction even if his base offense level did not account for the amount of drugs involved in the larger trafficking scheme B. holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment C. holding that a reduction for minor role in an offense cannot be awarded when the larger offense was not taken into account in setting the base level D. holding that something more than mere presence in the car in which drugs are found is required to sustain a conviction for the substantive offense of possession with intent to distribute E. holding that possession with intent to distribute and simple possession are the same offense under blockburger

assistant: The best answer is A. holding that a courier convicted of possession with intent to distribute may be entitled to a mitigating role reduction even if his base offense level did not account for the amount of drugs involved in the larger trafficking scheme
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 Trusts are duly formed and validly existing under the laws of the State of New York. Other than (i) The Michael Novogratz 2008 Annuity Trust Agreement dated October 10, 2008, The Novogratz Family 2008 Annuity Trust Agreement dated October 10, 2008, The Novogratz Family 2009 Annuity Trust Agreement dated December 31, 2009 and The 2012 Novogratz GST Trust Agreement, in each case between Novogratz as grantor and Novogratz as trustee (collectively, the “ Trust Agreement ”), true, correct and complete copies of which have been provided to the Company, and (ii) the documents related to the Trust Agreements, true, correct and complete copies of which have been provided to the Companies, there are no agreements or other documents that govern operation of the Trusts.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties of the Seller made in connection herewith, including, without limitation, those in Article 5 and Section 8.1 hereof, shall be continuing representations and warranties, shall not merge with or into any deed of conveyance or other document or instrument delivered at or in connection with the Closing and shall survive the Closing for a period of one (1) year; provided, however, that such limitation shall not apply to (i) any fraud; or (ii) any claim or cause of action initiated prior to the end of such one (1) year period but not settled prior to the end of such period.

assistant: Warranties
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 a single conspiracy involving 1,000 kilograms or more of marijuana. In part, this evidence included testimony by co-defendants Park, Swift, Bauman, Alarcon, Villareal, and Mussat. Their testimony was corroborated by recorded conversations, surveillance, seizures, and business records. Together, this evidence showed that Los and others had traveled to California to purchase marijuana, joined efforts to transport the marijuana to Kansas, and coordinated the delivery of marijuana after returning to Kansas. This evidence was sufficient to show formation of a conspiracy with a common goal between all of the participants to acquire and distribute marijuana. See United States v. Dickey, 736 F.2d 571, 582 (10th Cir. 1984); cf. United States v. Edwards, 69 F.3d 419, 431 (10th Cir. 1995) (<HOLDING>). Los counters that the government failed to Options: A. holding that a reasonable jury could have concluded based on repeated references to the substance as cocaine and testimony from witnesses who had used the substances which they believed to be cocaine that substance was cocaine B. holding that district court did not err in determining that cocaine base was crack cocaine based on chemical analysis identifying cocaine base together with competent lay testimony bridging the evidentiary gap between cocaine base and crack cocaine and refusing to require showing of smokeability ie water solubility or melting point for purposes of establishing crack cocaine under the guidelines since smokeability distinguishes cocaine base from powder cocaine not from crack C. holding that a prior conviction for using a communications device to facilitate the distribution of cocaine was admissible under rule 404b to prove that the defendant had the requisite intent to distribute cocaine D. holding that the term cocaine base in 21 usc 841b1 refers to cocaine in its chemically basic form which includes but is not limited to crack cocaine E. holding that unity of purpose was proven by evidence that the defendants had pooled resources to periodically travel to houston to purchase cocaine and divide the cocaine among the defendants upon return to tulsa

assistant: The best answer is E. holding that unity of purpose was proven by evidence that the defendants had pooled resources to periodically travel to houston to purchase cocaine and divide the cocaine among the defendants upon return to tulsa
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: may bring an action on the contract if the parties to the agreement intended to benefit the non-party, provided that the benefit claimed is a direct and not merely an incidental benefit of the contract. E.B. Roberts Constr. Co. v. Concrete Contractors, Inc., 704 P.2d 859, 865 (Colo.1985). While the intent to benefit the non-party need not be expressly recited in the contract, the intent must be apparent from the terms of the agreement, the surrounding circumstances, or both. Id. In this case, Parrish was only one of many health care providers from which Progressive’s insureds could have chosen for treatment of injuries resulting from automobile accidents covered by that policy. See Kelly Health Care, Inc. v. Prudential Ins. Co. of America, Inc., 226 Va. 376, 309 S.E.2d 305, 307 (1983) (<HOLDING>). Parrish argues that it is nevertheless an Options: A. holding that an incidental beneficiary does not have standing to sue for breach of a contract B. holding that health care providers could pursuant to 1983 enforce the boren amendment to the medicaid act C. holding that boren amendment created substantive federal right enforceable by health care providers to reasonable and adequate rates D. holding that even though certain corporate formalities had not been complied with in the execution of the subject contract the corporation had knowledge of the existence of the contract and treated it as a valid and binding contract and thus ratified the contract by accepting the benefits thereunder E. holding that member of a large class of health care providers available to the insured was only a potential and incidental beneficiary of the contract and thus not entitled to recover thereunder

assistant: The best answer is E. holding that member of a large class of health care providers available to the insured was only a potential and incidental beneficiary of the contract and thus not entitled to recover thereunder
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: however , if you are a subscriber for evernote plus , evernote premium , evernote business or another paid version of the service ( each a `` paid service '' ) and find that any such modifications or interruption of the paid service adversely affects you , you may notify our customer support team , explain the adverse impact the modification has created and , if you desire , request a termination of your paid service .

assistant: None