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: I Ejercicio del poder disciplinario El Tribunal tiene ante su consideración una propuesta de reglamento para el ejercicio de su jurisdicción disciplinaria sobre el cual dictaminará a la brevedad posible y determi-nará si resulta necesario recomendar cambios en la legisla-ción vigente. ) — I I — I I — I Término de nombramiento de jueces 1. La fijación por ley de términos de limitada duración en los cargos judiciales en el Tribunal de Primera Instancia y los Jueces Municipales, por la combinación de diversos fac-tores, no propicia el ideal de excelencia en el reclutamiento y retención de jueces y tiende a debilitar la independencia judicial. Bajo el sistema actual de nombramiento a término, man-tener por tiempo innecesario un juez cuyo término ha ven-cido bajo la cláusula de continuidad (<HOLDING>) constituye una amenaza evidente a la Options: A. holding that directors who sat on over fifteen boards and received over 50000 in compensation were not interested B. holding that personal jurisdiction over partner did not follow from jurisdiction over partnership citing sher C. holding express language of government code and constitution provides trial court has jurisdiction over case in which amount in controversy was over 20000 D. holding over E. recognizing that enhancement requires control over a participant in the scheme not only control over the scheme itself

assistant: The best answer is D. holding over
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither Party may assign its rights under this Agreement to, nor have its obligations assumed by, any person without the prior written consent of the other Party hereto, such consent not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, either Party may assign its rights, duties or obligations hereunder to an affiliate of such Party without the prior written consent of the other Party; provided, however, that no such assignment shall relieve the assigning Party of its obligations hereunder or affect Supplier’s right to eliminate the Discount as set forth in Section 9.7.4 of that certain Asset Purchase Agreement between PTL Prop Solutions, L.L.C., as seller, and Supplier, as buyer, dated September 17, 2015.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall afford the Investor and its counsel with the opportunity to review and comment upon, shall consult with the Investor and its counsel on the form and substance of, and shall give due consideration to all such comments from the Investor or its counsel on, any press release, SEC filing or any other public disclosure by or on behalf of the Company relating to the Investor, its purchases hereunder or any aspect of the Transaction Documents or the transactions contemplated thereby, not less than 24 hours prior to the issuance, filing or public disclosure thereof; provided, however, that the Company’s obligations pursuant to this Section 12(i) shall not apply if the form and substance of such press release, SEC filing, or other public disclosure relating to the Investor, its purchases hereunder or any aspect of the Transaction Documents or the transactions contemplated thereby previously have been publicly disclosed by the Company in accordance with this Section 12(i) . The Investor must be provided with a final version of any such press release, SEC filing or other public disclosure at least 24 hours prior to any release, filing or use by the Company thereof. The Company agrees and acknowledges that its failure to fully comply with this provision constitutes a Material Adverse Effect.

assistant: Publicity
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 described in the SEC Reports, each of the Company and the Company’s subsidiary, Gold Acquisition Corp., a Nevada corporation (“GAC”) has record title to the unpatented mining claims (“Mining Claims”) and unpatented millsites (“Millsites”) it owns, and record title to its leasehold and subleasehold interests in real property (the “Leasehold Estates”), in each case subject to no Encumbrances, other than (a) the production royalties listed in Schedule 3.15 , (b) Encumbrances those resulting from taxes which have not yet become delinquent; and (c) Encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (d) those that have otherwise arisen in the ordinary course of business, none of which are material; and, with respect to the Mining Claims and Millsites, subject to the paramount title of the United States of America and the statutory rights of third parties to use the surface of the Mining Claims and Millsites and to explore for and develop federal leasable minerals. Except as set forth in Schedule 3.15 , each of the Company and GAC are in compliance with all material terms of each lease or sublease of real property to which it is a party or is otherwise bound. Nothing in this Section 3.15 , however, shall be deemed to be a representation or a warranty that any of the Mining Claims contains a discovery of valuable minerals.

assistant: Liens
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 Article VII of the Separation and Distribution Agreement, in the event of any actual or threatened default in, or breach of, any of the terms, conditions and provisions of this Agreement, the Party or Parties who are, or are to be, thereby aggrieved shall have the right to specific performance and injunctive or other equitable relief (on an interim or permanent basis) in respect of its rights or their rights under this Agreement, in addition to any and all other rights and remedies at Law or in equity, and all such rights and remedies shall be cumulative. The Parties agree that the remedies at law for any breach or threatened breach, including monetary damages, may be inadequate compensation for any loss and that any defense in any Action for specific performance that a remedy at law would be adequate is waived. Any requirements for the securing or posting of any bond with such remedy are hereby waived by each of the Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the bankruptcy court has jurisdiction to hear this case. The case must be dismissed for lack of subject matter jurisdiction. III. Whether Appellee has stated a claim upon which relief can be granted. Even if Appellee had shown that the bankruptcy court has jurisdiction, the case would still’ be dismissed. In their complaint, Appellee asserted that the fee violates the automatic stay and is therefore subject to turnover. The automatic stay, however, only applies if the fee is property of the estate. See 11 U.S.C. § 362(a) (1999). As discussed above, this fee is not property of the estate. See supra Part II.A.1. Therefore, Appellee is not entitled to the relief he seeks in his complaint. See Hope v. General Finance Corp. of Georgia (In re Kahihikolo), 807 F.2d 1540, 1543 (11th Cir.1987) (<HOLDING>). Ap-pellee has not amended his complaint or Options: A. holding that the debtor could retain exempt property because it was not property of the estate B. holding that because property was no longer property of the estate the court could not order turnover C. holding that monies were not property of the estate once the irrevocable election had been made and thus were not subject to turnover D. recognizing that exempt property ceases to be property of the estate E. holding that spouse could not claim exemption in property that was only property of other spouses estate

assistant: The best answer is B. holding that because property was no longer property of the estate the court could not order turnover
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: GMAC’s standing to foreclose on their home in the proper venue. However, for the purposes of the RESPA claim we find that GMAC was the appropriate party, but that the McLeans were unable to articulate any specific injury that was caused by GMAC’s failure to respond to their request for information. Further, Ms. McLean was capable of handling her affairs without the aid of a guardian ad litem, especially in light of the fact that Mr. McLean was a party to the suit. Therefore, we affirm the summary judgment of the district court. AFFIRMED. 1 . Although the McLeans asserted other claims below, which the court denied, they do not raise these claims on appeal, and, therefore, have abandoned them. See Timson v. Sampson, 518 F.3d 870, 874 (11th Cir.2008) (per curiam) (citation omitted) (<HOLDING>). In addition, we are cognizant of the fact Options: A. holding that issues not briefed are deemed abandoned B. holding that generally arguments not briefed on appeal are deemed abandoned or waived C. holding that issues not argued on appeal are deemed abandoned D. holding issues not adequately briefed on appeal are abandoned E. holding that issues not briefed on appeal even by a pro se litigant are deemed abandoned

assistant: The best answer is E. holding that issues not briefed on appeal even by a pro se litigant are deemed abandoned
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: misdemeanor in superior court is entitled to appeal as a matter of right the issue of whether the sentence imposed: (1) Results from an incorrect finding of the defendant’s prior record level under G.S. 15A-1340.14 or the defendant’s prior conviction level under G.S. 15A-1340.21; (2) Contains a type of sentence disposition that is not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant’s class of offense and prior record or conviction level; or (3) Contains a term of imprisonment that is for a duration not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defenda fendant essentially stipulated to matters that moot the issues he could have raised under subsection (a2), his appeal should be dismissed. See State v. Simmons, 64 N.C. App. 727, 308 S.E.2d 95 (1983) (<HOLDING>), disc. review denied, 310 N.C. 310, 312 S.E.2d Options: A. holding that the sentence entered by the circuit court was illegal because the court had no authority to impose a sentence that exceeded the punishment fixed by the jury B. holding that under subsection al as then written the defendant had no right to appeal whether his sentence was supported by evidence presented because he entered into a plea agreement as to the sentence C. holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement D. holding that the defendant waived the right to appeal his sentence including the terms and conditions of his supervised release when he agreed to a plea agreement that said he expressly waives his right to appeal the conviction and sentence imposed on any ground emphasis added E. holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence

assistant: The best answer is B. holding that under subsection al as then written the defendant had no right to appeal whether his sentence was supported by evidence presented because he entered into a plea agreement as to the 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: that the debtors filed the functional equiv alent of a monthly net income statement in the form of Schedule J. This is too little and too late. Schedule J deals with a debtor’s current expenditures. In the process, it responds to a different filing requirement, contained in 11 U.S.C. § 521(a)(l)(B)(ii). Although line 20 of Schedule J is called a “Statement of Monthly Net Income” and the advisory committee note to the official bankruptcy forms states that this line was added to Schedule J in 2005 “as required by § 521(a)(l)(B)(v),” there is no reason to think that Schedule J is a proxy for the statement of current monthly income required by section 521(a)(l)(B)(v). In fact, the case law suggests the opposite conclusion. See, e.g., In re Turner, 384 B.R. 852, 856 (Bankr.D.Colo.2008) (<HOLDING>). We need not probe this point too deeply. Options: A. holding debtors who devoted twothirds of their net disposable income to housing expenses did not propose a chapter 13 plan in good faith B. holding that the statement of current monthly income was the presumptive amount of projected disposable income but presumption could be rebutted by the debt or upon a showing of substantial change of circumstances C. holding that net farm income when applied to a producer in the fishing industry means net income from all fishing activity not just that income from a particular commodity and further providing that the regulations make it reasonably clear that the determination of net fishing income is not to be made solely on the basis of tax return information if other information is relevant to determining the producers net income from all fishing sources D. holding that a chapter 7 debtors duty to file a section 521albv statement of monthly net income can only be fulfilled by filing form b22a E. holding in prebapcpa case that chapter 7 filing was not a substantial abuse simply because debtors made unwise financial decisions that increased their monthly living expenses

assistant: The best answer is D. holding that a chapter 7 debtors duty to file a section 521albv statement of monthly net income can only be fulfilled by filing form b22a
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: 8, 2005, which was undisputedly after his causes of action accrued. Therefore, at the moment of his Chapter 7 filing, the lawsuit became an asset of his bankruptcy estate to be administered by the trustee. 11 U.S.C. § 541(a)(1) (2007). Mason contends, however, that, because he scheduled the lawsuit as an asset in his Chapter 7 bankruptcy, and the bankruptcy was later closed without the suit having been administered, the suit was “abandoned” to him. See 11 U.S.C. § 554(c) (2007) (providing that, when a Chapter 7 estate is closed and scheduled property has not been administered, the property is abandoned to the debtor). We decline to consider this argument. First, Mason makes the argument for the first time in his reply brief. See Abdin v. Abdin, 94 Ark. App. 12, 223 S.W.3d 60 (2006) (<HOLDING>). Secondly, Mason did not raise his section Options: A. holding that arguments raised for the first time in a reply brief are forfeited B. holding arguments first raised in reply brief are forfeited C. holding that courts of appeals will generally not consider arguments raised on appeal for first time in reply brief D. holding that we do not consider arguments raised for the first time in a reply brief E. holding that we do not address an argument raised for the first time in a litigants reply brief

assistant: The best answer is D. holding that we do not consider arguments raised for the first time in a reply brief
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: To the extent not inconsistent with this Exhibit, Section 6 of this Lease shall govern the performance of the Work and Landlord’s and Tenant’s respective rights and obligations regarding the improvements installed pursuant thereto.

assistant: Miscellaneous
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: Engstrom pushed Hoffman away from the toilet. He reached into the toilet and retrieved a baggie. It was later determined the baggie contained crack cocaine. Corporal Engstrom testified he had participated in the execution of numerous search warrants where drugs were retrieved from toilets. He further testified that after seeing Hoffman standing over the toilet and flushing it, he entered the room because he feared she was destroying evidence. Investigator Geske also testified he thought Hoffman was destroying evidence and stated it was uncommon for a person to see him with a motel manager and then “immediately run into the room and flush the toilet.” The trial court ultimat L.Ed.2d 573 (1988); see also Illinois v. Wardlow, 528 U.S. 119, 122, 124-5, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000) (<HOLDING>). The circumstances may also include attempts Options: A. holding that a defendants unprovoked flight upon noticing the police in a highcrime area was suggestive of wrongdoing and therefore provided reasonable suspicion justifying an investigatory detention B. holding that unprovoked flight is not necessarily indicative of wrongdoing but it is certainly suggestive of such C. holding that there was reasonable suspicion to stop the defendant based on his presence in an area known for heavy narcotics trafficking and his flight upon seeing police officers D. holding defendants unprovoked flight from area of heavy narcotic trafficking after noticing uniformed officers provided reasonable suspicion to detain and stating headlong flight wherever it occurs is the consummate act of evasion it is not necessarily indicative of wrongdoing but it is certainly suggestive of such E. holding that in a high crime area unprovoked headlong flight from police can form the basis for reasonable suspicion under terry

assistant: The best answer is D. holding defendants unprovoked flight from area of heavy narcotic trafficking after noticing uniformed officers provided reasonable suspicion to detain and stating headlong flight wherever it occurs is the consummate act of evasion it is not necessarily indicative of wrongdoing but it is certainly suggestive of such
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: records do relate to the “physical or mental health or condition” of the student, they are created for the purpose of tailoring an educational program that will best accommodate the child’s disability. The formulation of an educational plan for students with disabilities in a school setting is not the same as the diagnosis or treatment of a person with disabilities in a medical setting. Some of the records in the educational setting may be privileged and some may not. However, the participation of a school psychologist or therapist in the process does not alter the fact that much of the special education records are maintained for the purpose of education and not treatment. See J.N. By and Through Hager v. Bellingham Sch. Dist. No. 501, 74 Wash.App. 49, 871 P.2d 1106, 1115 (1994) (<HOLDING>). ¶ 15 Accordingly, we hold that special Options: A. holding that the defendant school officials did not create the students danger or increase their risk of harm where female students were physically verbally and sexually molested by male students in a unisex bathroom and in a darkroom B. holding that a school districts policy requiring fulltime attendance by all students did not establish a system of individualized exceptions that give rise to the application of a subjective test when the exceptions to the policy were confined to strict categories of students such as fifthyear seniors and special education students C. holding that records of students evaluation by school psychologist were not subject to the psychologistpatient privilege because the student and his mother did not expect the communications to remain confidential and because the purpose of the interview was to assess the students need for special education services not for the purpose of treatment or counseling D. holding that records relating to a student court were not education records E. holding that university students redacted disciplinary records were not education records

assistant: The best answer is C. holding that records of students evaluation by school psychologist were not subject to the psychologistpatient privilege because the student and his mother did not expect the communications to remain confidential and because the purpose of the interview was to assess the students need for special education services not for the purpose of treatment or counseling
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive expressly agrees that during his employment by the Company and for two (2) years following the termination of such employment for any reason, he will make no statement and take no actions of any kind, verbal or written, that directly or indirectly disparages the Company or the Related Parties, injures their general reputation or interferes with the Company’s or its Affiliates’ operations, except as required by applicable law. Nothing in this Section 10 shall restrict Executive from cooperating or communicating with any government or listing entity.

assistant: Non-Disparagement
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: requirement. Its allegation of decreased competition in the terminalling market is the type of harm targeted by the antitrust laws. Brunswick’s second prong is where IRM falters. IRM bases its claim upon the alleged cartelization of the international soda ash market, even though it is not a participant in this market. Because ÍRM is neither a competitor nor a consumer in the relevant market, it must allege a significant causal connection between the alleged soda ash conspiracy and the alleged anti-competitive effects in the terminalling market such that the harm to the terminalling market can be said to be “inextricably intertwined” with the alleged soda ash cartel. McCready, 457 U.S. at 484, 102 S.Ct. at 2551. See also Associated Gen. Contractors, 459 U.S. at 538, 103 S.Ct. at 908 (<HOLDING>); Gregory Marketing Corp. v. Wakefern Food Options: A. recognizing the sherman acts central interest in protecting the economic freedom of participants in the relevant market B. holding that information and documents that relate to among other things the nonu s manufacture sale and distribution of aspartame may prove relevant to establishing the existence of a global conspiracy to allocate the market for aspartame the ability of market participants to engage in domestic price fixing and the mechanisms employed by market participants in price fixing C. holding that governments asserted interest in protecting the privacy of arrestees is substantial under central hudson D. holding elements of attempted monopolization claim under 2 of sherman act are intent anticompetitive conduct and dangerous probability of success in a relevant market E. recognizing minnesotas interest in protecting the interests of the child

assistant: The best answer is A. recognizing the sherman acts central interest in protecting the economic freedom of participants in the relevant market
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 382 U.S. 283 86 S.Ct. 429 15 L.Ed.2d 327 Anthony ALBANESEv.N. V. NEDERL. AMERIK STOOMV. MAATS. et al. No. 523. INTERNATIONAL TERMINAL OPERATING CO., INC. v. N. V. NEDERL. AMERIK STOOMV. MAATS. et al. No. 557. N. V. NEDERL. AMERIK STOOMV. MAATS. v. Anthony ALBANESE et al. No. 654. Supreme Court of the United States December 13, 1965 Rehearing Denied No. 557 Jan. 31, 1966. See 382 U.S. 1030, 86 S.Ct. 644. Rehearing Denied No. 523 Jan. 17, 1966. See 382 U.S. 100, 86 S.Ct. 534. Philip F. DiCostanzo and Robert Klonsky, for petitioner Albanese. Sidney A. Schwartz and Joseph Arthur Cohen, for petitioner International Terminal Operating Co. Edmund F. Lamb, for N. V. Nederl. Amerik Stoomv. Maats. Arthur J. Mandell, for American Trial Lawyers Ass'n, Admiralty Section, as amicus curiae. On Petitions for Writs of Certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The motion of the American Trial Lawyers Association for leave to file a brief, as amicus curiae, is granted. The petition for certiorari in No. 523, Albanese v. N. V. Nederl. Amerik Stoomv. Maats., is also granted. 2 We believe that the judgment of the Court of Appeals setting aside the judgment for petitioner Albanese on the ground that the trial court incorrectly charged the jury on the issue of negligence is erroneous. Gutierrez v. Waterman S. S. Corp., 373 U.S. 206, 83 S.Ct. 1185, 10 L.Ed.2d 297. 3 In its opinion the Court of Appeals also stated that the District Court incorrectly instructed the jury as to the applicability of the Safety and Health Regulations for Longshoring1 on the question of the shipowner's liability. But we do not read that court's opinion as making this an independent ground for ordering a new trial. So we not only reverse the judgment of the Court of Appeals in the case of Albanese but reinstate the District Court's judgment in his favor. 4 The petitions in No. 557, International Terminal Operating Co. v. N. V. Nederl. Amerik Stoomv. Maats.; and No. 654, N. V. Nederl. Amerik Stoomv. Maats. v. Albanese, are denied. It is so ordered. 5 Petitions denied. 6 Mr. Justice HARLAN would have denied certiorari in No. 523, Albanese v. N. V. Nederl. Amerik Stoomv. Maats., but the writ having been granted, he would have set the issues for plenary consideration. He concurs in the denial of certiorari in No. 557, International Terminal Operating Co. v. N. V. Nederl. Amerik Stoomv. Maats., and No. 654, N. V. Nederl, Amerik Stoomv. Maats. v. Albanese. 1 29 CFR § 9.1 et seq. (1963), now 29 CFR § 1504.1 (1965), promulgated by the Secretary of Labor under the authority of Public Law 85-742, 72 Stat. 835, 33 U.S.C. § 941 (1964 ed.).

assistant: 8
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: That conduct constituted a separate and distinct statutory offense from the alleged penetration of the child’s sexual organ by appellee’s sexual organ, despite the fact both are violations of a single statute. Vick, 991 S.W.2d at 833 (emphasis supplied). Thus, we determined that there was no difficulty in concluding that the Legislature authorized two punishments when the accused violated different subsections of the same statute, in the same transaction, because the gravamen of the statute was to proscribe certain specific types of conduct (i.e., the nature of the appellee’s conduct). Id. We reached this conclusion because the level of detail in the statute reflected the Legislature’s intent that discreet acts constitute separate offenses. Id. at 849; see also Haight, 137 S.W.3d at 51 (<HOLDING>). Turning to this case, the gravamen of the Options: A. holding that the legislature can define separate offenses within the same statutory subsection even if the acts are in close temporal proximity B. holding that three phrases contained within the same subsection of the indecencywithaehild statute defined three separate offenses for juryunanimity purposes when separated in the disjunctive C. recognizing that the legislature is free to define statutory elements as it wishes D. holding that multiple sentences for offenses under 18 usc 924c are appropriate when multiple separate acts of firearm use have occurred even if they are related to the same underlying offense E. holding that when the legislature intends to punish separate acts even ones in close temporal proximity the blockburger test does not apply because the precondition for employing that test that the two offenses involve the same conduct is absent

assistant: The best answer is A. holding that the legislature can define separate offenses within the same statutory subsection even if the acts are in close temporal proximity
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: (1) the age of his 1991 conviction and corresponding prison sentence, (2) the de mini-mus risk that his criminal conduct in a school zone actually presented to children given the time of the crime (1:45 in the morning) and (3) the so-called “parsimony” principle. The first two claims amount to little more than disagreeing with the weight that the sentencing judge afforded to certain aspects of the sentencing factors. This exercise, however, is peculiarly within the sentencing court’s discretion, and Gallardo offers no meritorious reason to interfere with that judgment. See Gall, 552 U.S. at 51-52, 128 S.Ct. 586 (noting that sentencing judge has a judicial vantage point superior to that of the reviewing appellate court); United States v. Madera-Ortiz, 637 F.3d 26, 31 (1st Cir.2011) (<HOLDING>); see also Davila-Gonzalez, 595 F.3d at 49 Options: A. holding that only relevant factors must be considered B. recognizing that the weight to be afforded any given argument made pursuant to one of the section 3553a factors is a matter firmly committed to the discretion of the sentencing judge C. holding that a district court is entitled to give more weight to the seriousness of the offense than to other factors D. holding the question of whether an accomplice is credible and the weight to be given to the testimony are issues for the jury to determine E. holding that judgment calls on the weight to be given various relevant factors are for the sentencing court not for this court

assistant: The best answer is E. holding that judgment calls on the weight to be given various relevant factors are for the sentencing court not for this court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have no basis for evaluating this claim ... [whether the denial of the permit will] prevent economically viable uses ... or frustrate reasonable investment-backed expectations.” The Court, however, held that the requirement by the Corp of Engineers that the landowner obtain a permit before filling wetlands did not amount to a taking because even if the permit is denied, there may be other viable uses available to the owner. Only when a permit is denied and the effect of the denial is to prevent “economically viable” use of the land in question can it be said that a taking has occurred. Riverside Bayview Homes, 474 U.S. at 127, 106 S.Ct. at 459. See also Whitney Benefits, Inc. v. United States, 926 F.2d 1169, 1174 (Fed.Cir.1991), cert. denied, — U.S. — , 112 S.Ct. 406, 116 L.Ed.2d 354 (<HOLDING>). (Emphasis added, brackets in original.) The Options: A. holding that there was no presumption of a gift where the wifes money was used to make the purchase but title was placed in the name of the husband and finding the facts sufficient to establish a purchase money resulting trust in favor of the wife B. holding that where a purchase of the parcel to facilitate mining was clearly a part of the investment backing for benefits expectations and where the diminution in value of whitney coal was total there was a taking C. holding that there was no evidence of market value where owners testimony affirmatively showed that it was based on personal value D. holding that where purchaser had taken possession and paid part of the purchase price the statute of frauds did not bar enforcement of a purchase agreement E. holding there cannot be a complete restoration of the property unless it can be said that there has been no diminution of value after repair of the car and adding that the appropriate and fair measure of damages could be achieved by awarding either the difference between the fair cash value of the car before and after the collision or similarly the cost of repairs plus any diminution in value

assistant: The best answer is B. holding that where a purchase of the parcel to facilitate mining was clearly a part of the investment backing for benefits expectations and where the diminution in value of whitney coal was total there was a taking
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: Effective upon the Closing under the Business Combination Agreement, the Company hereby assigns and conveys to Avenue all of Company’s right, title and interest in and to the Boulevard IP and any and all goodwill included with the Boulevard IP. The Company agrees not to use any of the Boulevard IP following the Closing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties agrees that it will promptly execute and deliver all such documents and instruments as may be necessary and appropriate to effectuate the terms of this Agreement. The parties agree that monetary damages would be inadequate to remedy a breach of this provision and that specific performance is an appropriate remedy for the breach of this provision.

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 legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is invalid, illegal or unenforceable, the balance of this Agreement shall remain in effect. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement so as to effect, the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

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: Appeals docketed the case. After the case was submitted, it took over 654 days (approximately one year, nine months) to decide the case. 28 . Moreno, 63 M.J. at 136. 29 . Id. 30 . Appellate counsel was first assigned to Appellant’s case in June 1999. The first attorney assigned as appellate defense counsel requested a total of eighteen requests for enlargement of time. This attorney was transferred from the Appellate Defense Division. In August 2001 or thereabout, the next attorney took over Appellant’s case, and requested five enlargements of time. Thus, Appellant’s counsels requested a combined twenty-three enlargements of time pri- or to filing a brief. 31 . Id. at 137. 32 . See Article 70, UCMJ, 10 U.S.C. § 870 (2000); United States v. Dearing, 63 M.J. 478, 486 (C.A.A.F.2006) (<HOLDING>); see Diaz v. Judge Advocate General of the Options: A. recognizing that in the context of the open fields doctrine ajlthough the decisions in this state may be somewhat more restrictive than those in other states or than federal decisions no compelling reason has been demonstrated in this case for modifying or overruling them B. recognizing that we may not substitute our judgment for that of the alj C. holding that because the contract dispute between the parties in this case constitutes a justiciable matter that is cognizable in our trial courts our courts had subject matter jurisdiction D. holding that we lack jurisdiction to consider claims that have not been raised before the bia E. holding that cjonsistent with our decisions in diaz and moreno we decline to hold appellant responsible for the lack of institutional vigilance which should have been exercised in this case

assistant: The best answer is E. holding that cjonsistent with our decisions in diaz and moreno we decline to hold appellant responsible for the lack of institutional vigilance which should have been exercised in this case
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: (2008) (“The Eighth Amendment, applicable to the States through the Fourteenth Amendment, provides that ‘excessive bail shall not be required’....”); Schilb v. Kuebel, 404 U.S. 357, 365, 92 S.Ct. 479, 30 L.Ed.2d 502 (1971) (“[T]he Eighth Amendment’s proscription of excessive bail has been assumed to have application to the States through the Fourteenth Amendment.”). Excess bail is banned as part of the panoply of integrated constitutional limitations on both the states and the national government in criminal case 077-80 (D.Neb.2009) (same); United States v. Rueb, 612 F.Supp.2d 1068, 1074 (D.Neb.2009) (same); United States v. Vujnovich, No. 07-20126-01-CM-DJW, 2008 WL 687203, at *2-3 (D.Kan. Mar. 11, 2008) (same); United States v. Torres, 566 F.Supp.2d 591, 596-99, 601 (W.D.Tex.2008) (<HOLDING>); United States v. Arzberger, 592 F.Supp.2d Options: A. holding that the due process clause of the fourteenth amendment incorporates the eighth amendments guarantee against cruel and unusual punishment B. holding that adam walsh act does not prohibit inspection by defense expert C. holding that adam walsh act does not violate procedural due process require excessive bail or violate separation of powers D. holding that execution of juveniles violates the eighth and fourteenth amendments E. holding that adam walsh act violates the eighth amendments prohibition against excessive bail and the fifth amendments guarantee of procedural due process

assistant: The best answer is E. holding that adam walsh act violates the eighth amendments prohibition against excessive bail and the fifth amendments guarantee of procedural due process
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the identity of the defendant as the person formerly convicted beyond a reasonable doubt. Medrain, 143 Idaho at 332, 144 P.3d at 37; Martinez, 102 Idaho at 880, 643 P.2d at 560. Where a defendant is not sufficiently identified as the same individual who was previously convicted, the judgment of conviction finding him or her to be a persistent violator must be vacated. State v. Poison, 92 Idaho 615, 622, 448 P.2d 229, 236 (1968). The evidence presented by the state to establish that Lawyer had previously been convicted of felony DUI within fifteen years was a certified copy of a 2001 judgment of conviction with an attached criminal complaint, both bearing the name “Daniel J. Lawyer” with an accompanying birth date. The arresting officer testified this identifying data matched the dat (<HOLDING>); State v. Aime, 62 Utah 476, 220 P. 704, 705 Options: A. holding that evidence of the same name and that the former conviction was in same city and same court as the present case and the fact that the defendant did not offer any testimony to rebut the prima facie evidence of identity was sufficient to establish identity B. holding that where the court records in the present case and the records in a previous conviction reflected the same name and date of birth as well as a signature and the defendant did not object that he was not the same person as had been previously convicted the evidence was sufficient to support his conviction C. holding that evidence of the same name the fact that the previous conviction occurred in precinct of defendants residence and that although the defendant testified he did not deny that he was the person described in the record of the previous conviction was sufficient to establish identity D. holding that although the social security number in the information and the social security numbers in the previous convictions did not match the rest of the identifying information the first and last name and date of birth did match and was sufficient to establish the defendants identity particularly in light of the fact that the defendant did not claim he was not the individual named in the previous convictions E. holding a social security number is not private

assistant: The best answer is D. holding that although the social security number in the information and the social security numbers in the previous convictions did not match the rest of the identifying information the first and last name and date of birth did match and was sufficient to establish the defendants identity particularly in light of the fact that the defendant did not claim he was not the individual named in the previous convictions
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 termination of this Agreement shall relieve or discharge PFO of its respective duties, obligations and covenants under this Agreement until HCI Return has been fully and finally discharged and paid, and HCI’s continuing security interest in the Recovery, the Claim(s) and/or HCI Return and the rights and remedies of HCM and HCI hereunder, under applicable law, shall remain in effect until all such HCI Return has been fully and finally discharged and paid.

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: Subject to the terms of this Agreement and the Plan, Participant shall receive one share of Common Stock with respect to each vested Issued Restricted Stock Unit within thirty (30) days of the applicable Vesting Date (such date, the “ Payment Date ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The report concludes that PCR-systems, including the polymarker, are “ready to be used.” NRC Report, supra, at 119. The report further confirms that the polymarker has been “validated with tests for robustness with respect to environmental insults,” and that “substantial information on population frequencies” exists for the polymarker loci. Id. at 72. We conclude that existing literature, combined with research shared at lectures and symposia, supports a finding that the polymarker test is generally accepted as reliable by the forensic science community. c. Judicial Opinions At the time of the Rule 104 hearing, both the State and the defense were unaware of any judicial opinion discussing polymarker evidence. See Wilkerson v. Pearson, 210 N.J.Super. 333, 336, 509 A.2d 818 (Ch.Div.1985) (<HOLDING>). Before the Rule 104 hearing, however, a New Options: A. holding that performance may be valid acceptance B. holding that the doctrine of stare decisis applies to the issue of reliability of new scientific techniques the intoxilyzer in that case C. holding that absence of judicial opinions demonstrating acceptance by other courts of particular type of scientific technique should not by itself foreclose finding of general scientific acceptance and reliability D. holding that a valid contract requires acceptance of an offer E. holding that complete performance of contract constituted acceptance

assistant: The best answer is C. holding that absence of judicial opinions demonstrating acceptance by other courts of particular type of scientific technique should not by itself foreclose finding of general scientific acceptance and reliability
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 change or modification of this Agreement shall be valid or binding upon the parties unless the change or modification is in writing and signed by the parties. Notwithstanding the preceding sentence, the Company may amend the Plan to the extent permitted by the Plan.

assistant: Modifications
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: effectively vindicate the alleged harm. On this point, the government argues that the true harm from disqualification is grounded in separation of powers. It points out that Congress has mandated that the United States Attorney for each district represent the government in all cases occurring within that district. See 28 U-S-C. § 547. Further, although not noted by the government, the Constitution grants the Executive the power to “take care that the laws are faithfully executed.” U.S. Const, art. II, § 3. Although caselaw is admittedly vague on the exact scope of this power, it is clear that this constitutional provision vests the Executive with substantial discretion in choosing when and how to prosecute cases. See, e.g., United States v. Andersen, 940 F.2d 593, 596 (10th Cir.1991) (<HOLDING>); United States v. Cox, 342 F.2d 167, 171 (5th Options: A. recognizing that prosecutors are vested with wide discretion in determining how and when to file criminal charges B. holding the tca vests court with authority to grant mandamus relief C. holding the constitution vests the federal government with exclusive authority over relations with indian tribes D. recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution E. holding that the constitution vests prosecutors with significant discretion in choosing when and how to prosecute

assistant: The best answer is E. holding that the constitution vests prosecutors with significant discretion in choosing when and how to prosecute