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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Executive shall receive a base salary (the “ Base Salary ”) of $430,000 per annum, which amount reflects the Executive’s 2016 Base Salary and may be increased by the Compensation Committee, as provided below. The Base Salary shall be paid in installments at such intervals as the Company pays executive salaries generally, but not less often than monthly. During the Employment Period, the Base Salary shall be reviewed at least annually for possible increase (but not decrease) in the Company’s sole discretion, as determined by the compensation committee (the “ Compensation Committee ”) of the Board of Directors of the Company (the “ Board ”). The term “Base Salary” as utilized in this Agreement shall refer to Base Salary as so adjusted. Any increase in Base Salary shall not serve to limit or reduce any other obligation to the Executive under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: concession, the trial court immediately excluded Wiggins’ testimony and evidence without exploring what substantial procedural prejudice would accrue to the State if he testified. We are mindful that Florida Rule of Criminal Procedure 3.220(n)(1) authorizes a trial court to exclude evidence as a sanction for a violation of the discovery rules, but this sanction should only be imposed when there is no other adequate remedy. Furthermore, where as here the violation has not been- found to be willful or blatant, this sanction is generally too severe “when the only prejudice to the State is its inability to obtain evidence for impeachment of the witness.” Grace v. State, 832 So.2d 224, 227 (Fla. 2d DCA 2002); cf. Taylor v. Illinois, 484 U.S. 400, 415, 108 S.Ct. 646, 98 L.Ed.2d 798 (1988) (<HOLDING>). In this case, the trial court did not make a Options: A. holding that the district court erred in requiring the defense to disclose a report which the defense did not intend to introduce into evidence and which was merely designed to aid in the crossexamination of a witness for the state B. holding failure of prosecution to disclose evidence that may be favorable to the accused is a violation of the due process clause of the fourteenth amendment C. holding that if the failure to disclose a defense witness was willful and motivated by a desire to obtain a tactical advantage that would minimize the effectiveness of crossexamination and the ability to adduce rebuttal evidence it would be entirely consistent with the purposes of the compulsory process clause simply to exclude the witnesss testimony D. holding that the appropriate sanction was to require the defendant to disclose the nature of the agreement with the witness E. holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case

assistant: The best answer is C. holding that if the failure to disclose a defense witness was willful and motivated by a desire to obtain a tactical advantage that would minimize the effectiveness of crossexamination and the ability to adduce rebuttal evidence it would be entirely consistent with the purposes of the compulsory process clause simply to exclude the witnesss testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As a material part of the consideration for Lender entering into this Consent Letter, Borrower hereby releases and forever discharges Lender and Lender’s predecessors, successors, assigns, officers, managers, directors, shareholders, employees, agents, attorneys and other professionals, representatives, parent corporations, subsidiaries, and affiliates (hereinafter all of the above collectively referred to as the “ Lender Group ”), from (each, a “ Claim ”) any and all claims, counterclaims, demands, damages, debts, agreements, covenants, suits, contracts, obligations, liabilities, accounts, offsets, rights, actions, and causes of action of any nature whatsoever and whether arising at law or in equity, presently possessed, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, presently accrued, whether absolute or contingent, foreseen or unforeseen, and whether or not heretofore asserted arising out of, arising under or related to the Loan Documents, that Borrower may have or allege to have against any or all of the Lender Group and that arise from events occurring before the date hereof.

assistant: Releases
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 party's obligations under this Section 5.9 [Taxes] shall survive the resignation of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all Obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under a business interruption policy after destruction of one subsidiary’s manufacturing facility); see also 3 Couch on Insurance § 40:15 (3rd ed. 2003) (“Where a parent corporation and it subsidiaries are covered by the same policy, rights of subsidiaries are wholly separate and [the] parent has no right to recover for loss suffered by subsidiary.”); compare Wood Goods Galore, Inc. v. Reinsurance Ass’n of Minn., 478 N.W.2d 205, 210 (Minn.Ct.App.1991) (allowing insured to recover under business interruption policy for lost retail sales at one location after an accident at its remote manufacturing facility since both facilities were owned by a single corporate entity); contra Nat’l Union Fire Ins. Co. of Pittsburgh v. Anderson-Prichard Oil Corp., 141 F.2d 443, 446 (10th Cir.1944) (<HOLDING>). We agree with the district court that, under Options: A. holding that parent corporation could not recover for its lost profits incurred after subsidiary suffered a fire even though both were listed as named insured on the business interruption insurance policy B. holding that a close relationship between a parent corporation and a subsidiary may justify finding that the parent engages in business in the jurisdiction through the local activities of its subsidiary C. recognizing separate corporate identity of parent despite evidence that parent was alterego of its subsidiary and was being sued for acts of its subsidiary D. recognizing separate corporate identity of parent despite evidence that parent consolidated its profits and losses with that of its whollyowned subsidiary in presenting parents financial reports to shareholders that subsidiary was considered a division of parent and that subsidiary accounted for 60 of parents and subsidiarys combined operations E. holding that parent corporation could recover under business interruption policy for lost profits of one subsidiary resulting from accident at a separate subsidiary since the two were integrated operations

assistant: The best answer is E. holding that parent corporation could recover under business interruption policy for lost profits of one subsidiary resulting from accident at a separate subsidiary since the two were integrated operations
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: 818, 102 S.Ct 2727, 73 L.Ed.2d 396 (1982). 133 . See Siegert v. Gilley, 500 U.S. 226, 231, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991); and Sanchez v. Swyden, 131 F.3d 1144, 1147 (5th Cir.1998). 134 . Sanchez, 131 F.3d at 1147-48. 135 . Docket no. 49, Andrade's Declaration, at ¶¶ ir.1989), cert. denied, 493 U.S. 854, 110 S.Ct. 156, 107 L.Ed.2d 114 (1989); Palmer v. City of San Antonio, 810 F.2d 514, 516 (5th Cir.1987); Bennett v. City of Slidell, 728 F.2d 762, 768 n. 3 (5th Cir.1984), cert. denied, 472 U.S. 1016, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985): "Isolated violations are not the persistent, often repeated constant violations that constitute custom and policy.”; Languirand v. Hayden, 717 F.2d 220, 227 (5th Cir.1983), cert. denied, 467 U.S. 1215, 104 S.Ct. 2656, 81 L.Ed.2d 363 (1984), (<HOLDING>); and Berry v. McLemore, 670 F.2d 30, 33 (5th Options: A. holding that a section 1983 plaintiff asserting police misconduct must allege a pattern of similar incidents in which citizens were injured or endangered by policyconsistent misconduct or that serious incompetence or misbehavior was general or widespread throughout the police force B. holding the alleged misconduct taken together did not constitute a pattern of harassment or aggravating conditions C. holding that to state 1983 claim against defendant plaintiff must allege that defendant was personally involved in or had direct responsibility for incidents that resulted in injury D. holding that two instances of misconduct do not indicate a persistent and widespread pattern of misconduct that amounts to a city custom or policy of overlooking police misconduct E. holding that the prosecution must establish a reasonable probability that the evidence would have been discovered by lawful means that the leads making the discovery inevitable were possessed by the police prior to the misconduct and that the police were actively pursuing the alternate line of investigation prior to the misconduct

assistant: The best answer is A. holding that a section 1983 plaintiff asserting police misconduct must allege a pattern of similar incidents in which citizens were injured or endangered by policyconsistent misconduct or that serious incompetence or misbehavior was general or widespread throughout the police force
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 rights and remedies of the Parties are cumulative and not alternative. Neither the failure nor any delay by any Party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. To the maximum extent permitted by applicable law, (i) no claim or right arising out of this Agreement can be discharged by one Party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other Parties; (ii) no waiver that may be given by a Party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one Party will be deemed to be a waiver of any obligation of such Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Pursuant to Section 14.6 of the Agreement, Assignor hereby assigns, transfers and conveys to Assignee all of Assignor’s right, title, interest in, and delegates to Assignee all of Assignor’s duties, undertakings, agreements, obligations and covenants under, the Agreement, and Assignee hereby accepts such assignment, transfer and conveyance of the Agreement, and hereby assumes and agrees to be bound by and to perform and observe all of the duties, undertakings, agreements, obligations and covenants under the Agreement that are to be performed by Assignor thereunder in accordance with the terms of the Agreement, including without limitation, obligations that may arise due to conditions existing prior to the Effective Date. Assignor shall continue to remain primarily liable under the Agreement until the Closing under the Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall withhold from any payment of cash or Stock to a Participant or other person under this Plan an amount sufficient to cover any required withholding taxes, including the Participant’s social security and Medicare taxes (FICA) and federal, state and local income tax with respect to income arising from payment of the Award. The Company shall have the right to require the payment of any such taxes before issuing any Stock pursuant to the Award. In lieu of all or any part of a cash payment from a person receiving Stock under this Plan, the Committee may, in the applicable Agreement or otherwise, permit a person to cover all or any part of the required withholdings, and to cover any additional withholdings up to the amount needed to cover the person’s full FICA and federal, state and local income tax with respect to income arising from payment of the Award, through a reduction of the numbers of Shares delivered to such person or a delivery or tender to the Company of Shares held by such person, in each case valued in the same manner as used in computing the withholding taxes under applicable laws. Notwithstanding the foregoing, no Shares shall be withheld with a value exceeding the minimum amount of tax required to be withheld by law.

assistant: Tax Withholdings
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: You will receive a base salary (gross) at an annual rate of $410,000 in accordance with Ingredion’s US payroll procedures, which currently provide for semi-monthly payments, on the 15th and the last day of the month. Your base salary includes compensation for all time worked, as well as appropriate consideration for Company holidays and other time off. Your base salary will be considered for adjustment as part of our normal year-end performance management and compensation process. Your next salary review and adjustment will be in February 2019. Your position is grade level O and is exempt.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in several counterparts, and all counterparts so executed shall constitute one Agreement, binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the original or the same counterpart. To facilitate execution of this Agreement, the parties may execute and exchange by email in PDF format counterparts of the signature pages, which shall be deemed an original.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [of a statute increasing time between parole hearings] in his case would result in a significant risk of a longer period of incarceration.”); Pindle v. Poteat, 360 F.Supp.2d 17, 20 (D.D.C.2003) (addressing an ex post facto challenge of the same 1999 guidelines in this case and stating that the issue was whether these guidelines resulted in an “increase in the time in which petitioner is likely to spend in custody”). The answer to this question in Glascoe’s case makes it unnecessary for us to evaluate the government’s argument that the parole procedures under attack in this case are simply discretionary guidelines, unlike statutes or the “rules” addressed in Garner, and not within the ambit of the Ex Post Facto Clause. See Warren v. Baskerville, 233 F.3d 204, 208 (4th Cir.2000) (<HOLDING>); Pindle, 360 F.Supp.2d at 20 (collecting Options: A. holding that parole guidelines are subject to the ex post facto clause B. holding postgccraer that a change in administrative parole policy revoking previously earned good time credits was not subject to the ex post facto clause C. holding that a change in parole policies without altering the underlying substantive standards does not violate the ex post facto clause D. holding change in ultimate parole decisionmaker from board to governor does not violate ex post facto clause E. holding that the federal parole guidelines at issue were not laws within meaning of ex post facto clause

assistant: The best answer is B. holding postgccraer that a change in administrative parole policy revoking previously earned good time credits was not subject to the ex post facto clause
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: contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment.” SDCL 29A-2-804(b). Storsve argues that the retirement plan expressly designated himself as the beneficiary; therefore, the first exception applies. [¶ 14.] However, were we to adopt Storsve’s position that the beneficiary designation alone meets the “express terms of a governing instrument” exception, SDCL 29A-2-804 would never apply because every governing instrument contains this provision, and it is this provision that prompts the necessity of the statute. Thus, a beneficiary designation itself is not sufficient to invoke the express terms exception. See also Lincoln Benefit Life Co. v. Heitz, 468 F.Supp.2d 1062, 1066, 1069 (D.Minn.2007) (<HOLDING>). [¶ 15.] We hereby interpret the statute to Options: A. recognizing that a property settlement and divorce decree which provided for a certain party to be named the irrevocable beneficiary of a life insurance policy was valid and enforceable against anyone subsequently named as a beneficiary B. holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms C. holding that insureds widow as beneficiary of life insurance policy had standing as an injured person under the insurance code D. holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit E. recognizing the same express terms exception found in south dakotas redesignation statute and holding that the beneficiary designation automatically revoked upon divorce despite the life insurance policys designation of the former spouse as the beneficiary

assistant: The best answer is E. recognizing the same express terms exception found in south dakotas redesignation statute and holding that the beneficiary designation automatically revoked upon divorce despite the life insurance policys designation of the former spouse as the beneficiary
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 Party shall obtain the prior written consent of the other Party on all press releases or other public announcements relating to this Agreement, including its existence or its terms, provided that a Party is not required to obtain prior written consent of the other Party for press releases or public disclosures that repeat information that has been previously authorized for public disclosure pursuant to terms of this Agreement. Notwithstanding anything to the contrary in this Agreement, the Parties have mutually agreed on the form of the press release attached hereto as Schedule 6.4, and any Party may disclose free from confidentiality obligations the content of such press release, provided that, except as permitted hereunder, no more than one (1) press release may be issued by any Party in relation to the transactions contemplated by this Agreement and the Ancillary Agreements unless the other Party consents in writing to any additional press release, such consent to be given or withheld in such other Party’s sole and absolute discretion. Neither Party shall use the name or trademarks of the other Party without the express prior written consent of the other Party.

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 case excerpt and choose the best holding from the options. Case excerpt: recognized exemption from § 241(a)(5). In 2000, Congress specifically exempted certain aliens applying for adjustment of status from § 241(a)(5). See Pub.L. No. 106-554, App. D § 1505. The amendments revised section 202 of the Nicaraguan Adjustment and Central American Relief Act (“NACARA”) and section 902(a) of the Haitian Refugee Immigration Fairness Act (“HRIFA”). The House report accompanying those amendments states that their intended effect was “to permit Nicaraguans, Cubans, and Haitians eligible for adjustment of status ... to receive this relief despite having been previously removed under an order of removal.... ” H.R.Rep. No. 106-1048, at 231 (2001). These limited exemptions for NACARA and HRIFA eligible aliens strongly undermine Lino’s argument that Congress inten 4) (<HOLDING>); Warner v. Ashcroft, 381 F.3d 534, 540 (6th Options: A. holding that the substantive defenses to removal eliminated by 8 usc 1231a5 may not be retroactively denied to aliens who illegally reentered prior to enactment B. holding that zadvydas applies to inadmissible aliens who have illegally entered the united states C. holding that sjection 241a5 bars aliens who have illegally reentered the united states after having previously been deported from applying for relief D. holding that aliens whose prior orders of removal are reinstated under 241a5 should not be eligible for relief under 245i because 241a5 states that aliens who fall under this provision may not apply for any relief under this chapter E. recognizing that the plain language of 1326a establishes that a previously deported alien who illegally enters and remains in the united states can violate the statute at three different points in time namely when the alien 1 enters 2 attempts to enter or 3 is at any time found in the united states

assistant: The best answer is C. holding that sjection 241a5 bars aliens who have illegally reentered the united states after having previously been deported from applying for relief
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 Lenders shall have received and shall be satisfied with the form and substance of the financial statements described in Section 3.05 and with the forecasts of each of the Borrowing Bases and financial performance of Holdings, the Borrowers, and their respective Restricted Subsidiaries. For purposes of this Section 4.01(f) , any financial statements required to be delivered shall be deemed to have been received by the Administrative Agent and Lenders if such financial statements are filed on EDGAR. Notwithstanding anything to the contract contained herein, to the extent Holdings’ auditors have withdrawn, or advised Holdings that they intend to withdraw, any audit opinion with respect to any such financial statements, this Section 4.01(f) shall be deemed to be not satisfied with respect to such financial statements.

assistant: Financial Statements
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: there. Although the district court relied on McManus v. McManus, 354 F.Supp.2d 62 (D.Mass.2005), to support its acclimatization finding, McManus involved children between the ages of eleven and fourteen who, over the course of two years living abroad, “enrolled in and attended schools, joined organized sports teams, participated in church activities, and engaged in other activities as residents of the country would.” Id. at 67 (finding habitual residence in Northern Ireland when parents intended to live there indefinitely and children were acclimatized). Here, in contrast, the children were ages one and two at the time of retention. These ages are important, because acclimatization is rarely, if ever, a significant factor when children are very young. See Holder, 392 F.3d at 1020-21 (<HOLDING>). They did not attend school and did not Options: A. holding that although a parents general duty to support his or her child ends when the child reaches twentyone years of age parents are free to enter into binding agreements to do so B. recognizing that a parents liberty interest in the custody of a child is subject to due process protection C. holding that parents who filed a civil rights action following the removal of child by child welfare authorities failed to connect program directors actions to alleged violation of parents constitutional rights D. holding that in the case of a tenmonthold child it is practically impossible for a child so young who is entirely dependent on its parents to acclimatize independent of the immediate home environment of the parents E. holding that child cannot consent to search of parents bedroom

assistant: The best answer is D. holding that in the case of a tenmonthold child it is practically impossible for a child so young who is entirely dependent on its parents to acclimatize independent of the immediate home environment of the parents
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: debts of the others. By concluding that Jillian’s is hable to the appellant as a successor-employer, the district court ignored the fact that FPM was only the seller of these assets and had been previously absolved of any responsibility by this same district court and now 3 years after the initial decision, attributes liability to “the Jillian defendants.” Moreover, in using the admittedly separate and broader concepts of successor-employer liability under the Labor Act, the majority belies what actually occurred in the federal cases cited for this proposition. The federal cases establishing successor-employer liability either involved a merger, a purchase or a consolidation of businesses. See John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543, 548, 84 S.Ct. 909, 11 L.Ed.2d 898 (1964) (<HOLDING>); Golden State Bottling Co. v. NLRB, 414 U.S. Options: A. holding that the present controversy concerns the plaintiffs rights under state and federal statutes which exist independently of the collective bargaining agreement and do not require interpretation of that agreement B. holding that where the bargaining unit remains unchanged and a majority of the employees hired by the new employer are represented by a recently certified bargaining agent the successor employer must bargain with the incumbent union C. holding that an employee may sue for breach of a collective bargaining agreement without the union D. holding that petitioners remedy under title vii of the civil rights act was in addition to remedies available under the collective bargaining agreement in force between his employer and his union E. holding that the disappearance by merger of a corporate employer which has entered into a collective bargaining agreement with a union does not automatically terminate all rights of the employees covered by the agreement and that in appropriate circumstances present here the successor employer may be required to arbitrate with the union under the agreement

assistant: The best answer is E. holding that the disappearance by merger of a corporate employer which has entered into a collective bargaining agreement with a union does not automatically terminate all rights of the employees covered by the agreement and that in appropriate circumstances present here the successor employer may be required to arbitrate with the union under the agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: district court sentenced Nelson within the scope of the applicable statutes. CONCLUSION We conclude that NRS 484.348(3)(b) is not unconstitutionally vague. Nelson’s remaining arguments on appeal similarly lack merit, and we therefore affirm the district court’s judgment of con viction. However, we remand to the district court to correct the language in the judgment of conviction as required by NRS 176.105 so as to properly identify the habitual criminal provisions that were applied to each count. Maupin, C. J., Gibbons, Parraguirre, Douglas, Cherry and Saitta, JJ., concur. 1 The court did not impose consecutive sentences for the deadly weapon enhancement as alleged in count 2 because Nelson was sentenced as a habitual criminal. Odoms v. State, 102 Nev. 27, 34, 714 P.2d 568, 572 (1986) (<HOLDING>). 2 Zabeti v. State, 120 Nev. 530, 534, 96 P.3d Options: A. holding a motor vehicle can be a deadly weapon by the manner of its use B. holding that the district court may enhance a sentence for the use of a deadly weapon or under the habitual criminal statute but not both C. holding hand can be deadly weapon D. recognizing that deadly weapon finding may be made even when weapon used is unknown E. holding that use of deadly weapon extends as well to any employment of a deadly weapon even its simple possession if such possession facilitates the associated felony

assistant: The best answer is B. holding that the district court may enhance a sentence for the use of a deadly weapon or under the habitual criminal statute but not both
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 insured as of the date of the casualty and subsequent events may be significant in determining the insured’s interest.” DeBellis, 77 N.J. at 436, 390 A.2d 1171 (internal citations omitted) (emphasis added). The court found that plaintiff DeBellis had not been made whole by the redemption and that allowing the carrier to pay nothing created a windfall for the carrier. Id. at 437-38, 390 A.2d 1171. The New Jersey Supreme Court found that DeBellis’s interest in the property “was equivalent to at least the amount expended for that interest some three months before the fire” plus 20% interest plus partial refund of the premium for the period after title reverted to the redeeming Teeds. Id. at 438. See also Miller v. N.J. Ins. Underwriting Ass’n, 82 N.J. 594, 598-99, 414 A.2d 1322 (1980) (<HOLDING>) The Miller court reiterated: With respect to Options: A. holding that two claimants separate cases who had lost title to property through in rem tax foreclosure which properties were destroyed by fire postforeclosure retained an insurable interest in the property under their insurance contracts the claimants continued to occupy the properties ignorant of the tax foreclosures B. holding that any property in which the taxpayer has any right title or interest is subject to foreclosure proceeding including property in which others claim an interest so long as all persons having liens or claiming any interest in the property are joined as parties to the suit C. holding that property interest in continued expectation of public employment does not include right to actually occupy position D. holding that damage to building and personal property as a result of fire negligently caused by defendant was to be measured by reasonable cash market value of the property at the time it was destroyed by the fire or if it was not totally destroyed by the diminution in its fair market value before and after the fire E. holding that buyers of real property who were in constructive possession of the property had made a down payment and had signed a contract to purchase at the time of the loss had an insurable interest in the property despite a court determination two years after the loss that the agreement to purchase was not binding

assistant: The best answer is A. holding that two claimants separate cases who had lost title to property through in rem tax foreclosure which properties were destroyed by fire postforeclosure retained an insurable interest in the property under their insurance contracts the claimants continued to occupy the properties ignorant of the tax foreclosures
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of laws principles that would result in the application of the substantive laws of another jurisdiction. Any action brought by either party against the other concerning the transactions contemplated by this Agreement must be brought only in the civil or state courts of New York or in the federal courts located in the State and county of New York. Both parties and the individual signing this Agreement on behalf of the Borrower agree to submit to the jurisdiction of such courts. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Note is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or unenforceability of any other provision of this Note. Nothing contained herein shall be deemed or operate to preclude the Holder from bringing suit or taking other legal action against the Borrower in any other jurisdiction to collect on the Borrower's obligations to Holder, to realize on any collateral or any other security for such obligations, or to enforce a judgment or other decision in favor of the Holder. This Note shall be deemed an unconditional obligation of Borrower for the payment of money and, without limitation to any other remedies of Holder, may be enforced against Borrower by summary proceeding pursuant to New York Civil Procedure Law and Rules Section 3213 or any similar rule or statute in the jurisdiction where enforcement is sought. For purposes of such rule or statute, any other document or agreement to which Holder and Borrower are parties or which Borrower delivered to Holder, which may be convenient or necessary to determine Holder's rights hereunder or Borrower's obligations to Holder are deemed a part of this Note, whether or not such other document or agreement was delivered together herewith or was executed apart from this Note.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything herein or the Indenture to the contrary, the definitions of “Excess Cash Collateral Trigger,” “Minimum Seller’s Interest,” “Mismatch Rate,” “Required Seller’s Percentage,” “Series 2017-1 Subordinated Seller’s Interest Factor” and “Spread Account Percentage,” contained in this Indenture Supplement may be amended by the Issuing Entity upon satisfaction of the Series 2017-1 Rating Agency Condition with respect thereto, but without the consent of any other Person (including any Securityholder). Notice of any such amendment shall be delivered to the Securityholders in accordance with the Indenture.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: I will not make statements that damage, disparage or otherwise diminish the reputation and business practices of MetLife and its affiliated entities, and its and their current and/or former officers, agents, directors and employees. This includes statements made verbally, in writing or electronically. The only exception is if I am compelled by a court of law or I am otherwise authorized to do this pursuant to legal or administrative process.

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: are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities. While section 3 does not refer to “fundamental rights” per se, nevertheless, we have held a right may be “fundamental” under Montana’s constitution if the right is either found in the Declaration of Rights or is a right “without which other constitutionally guaranteed rights would have little meaning.” Butte Community Union v. Lewis (1986), 219 Mont. 426, 430, 712 P.2d 1309, 1311-13 (<HOLDING>). The inalienable right to pursue life’s basic Options: A. holding that montanas constitution does not create a right to welfare B. holding that the employer intended to create a new employee welfare benefit plan C. holding that rcw 1040200 does not create a constitutional right to be advised of immigration consequences therefore failure to comply with statute does not create constitutional harm D. holding that the constitution does not encompass a general right to nondisclosure of private information E. 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

assistant: The best answer is A. holding that montanas constitution does not create a right to welfare
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: Dr. Kupers opined that “all through [Mr. Comer’s] record” and interview were indications of the emergence of primitive “ego-dystonie” aggressive fantasies, which are rage reactions and discomfort with one’s perception of oneself. (Id. at 87.) Ideas of reference and persecutory ideation, ie., paranoia, is also something Dr. Kupers believes Mr. Comer has had “on and off throughout his experience in prison.” (Id.) In Dr. Kupers’s view, Mr. Comer experiences “motor excitement, often associated with sudden, violent destructive or self-mutilatory outbursts” evidenced by banging his fist on the wall and walking in his cell. (Id.) Finally, Dr. Ku-pers stated it was his personal observation that compulsive activities occur with chronic SHU syndrome and Mr. Comer’s walking, 2 L.Ed.2d 630 (1958)(<HOLDING>); Farmer v. Brennan, 511 U.S. 825, 834, 114 Options: A. holding that the gratuitous infliction of wanton and unnecessary pain is a violation of the eighth amendment B. holding that use of a victim impact statement during sentencing violated the eighth amendment C. holding that execution of the mentally retarded is prohibited under the eighth amendment to the united states constitution D. holding the eighth amendment inapplicable to an award of exemplary damages E. holding that the basic concept underlying the eighth amendment is nothing less than the dignity of man

assistant: The best answer is E. holding that the basic concept underlying the eighth amendment is nothing less than the dignity of man
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 where the failure to do so would not reasonably be expected to result in a Material Adverse Effect, the Company will, and will cause each of its Subsidiaries to, (a) keep and maintain all property material to the conduct of its business in good working order and condition, ordinary wear and tear excepted and except for surplus and obsolete properties, and (b) maintain, with financially sound and reputable insurance companies, insurance on such of its property and in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: City of Winter Haven, 320 U.S. 228, 234, 64 S.Ct. 7, 88 L.Ed. 9 (1943); see also Sigmund v. Progressive Northern Ins. Co., 374 F.Supp.2d 33, 36 (D.D.C.2005) (“A federal court exercising diversity jurisdiction ... is not to ‘make bold forays into terra incognita in order to chart the way to justice, but ... faithfully to apply the law of the state that the courts of the jurisdiction in which we sit, the District of Columbia, would apply[.]’ ”) (citing Dayton v. Peck, Stow & Wilcox Co., 739 F.2d 690, 694-95 (1st Cir.1984) (“[W]e see no basis for even considering the pros and cons of innovative theories.... We must apply the law of the forum as we infer it presently to be, not as it might come to be.”)); M.A.S., Inc. v. Van Curler Broadcasting Corp., 357 F.Supp. 686, 691-92 (D.D.C.1973) (<HOLDING>), this cannot be said here. The District’s “no Options: A. holding that the court need not follow a decision of the district of columbia court of appeals where it appears that the court of appeals itself would not follow that decision B. holding that the federal district court lacked subject matter jurisdiction to review plaintiffs complaint to the extent they sought review of the district of columbia court of appeals denial of their petitions C. holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals D. holding that where the issue of sanctions was not before the court of appeals when the appeal was filed the district court retained jurisdiction E. holding the fact remains however that such standard appears to be the law of this state as enunciated in the decisions of the court of appeals discussed previously unless those decisions are either explained away or overruled by the court of appeals itself this court must follow what a majority of its members discern to be the precept to be drawn from them ie proof of fraud in a civil action either in law or in equity must be clear and convincing only the court of appeals could disabuse of that notion

assistant: The best answer is A. holding that the court need not follow a decision of the district of columbia court of appeals where it appears that the court of appeals itself would not follow that decision
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: any aggravating factor that exposes a defendant to greater punishment than the punishment authorized by the jury’s guilty verdict must be submitted to a jury. Here, any aggravating factors that expose Defendant to the death penalty will be established by a jury, thereby avoiding any Hurst issue. Conclusion For the abovementioned set forth above, the Court DENIES Defendant’s motion in its entirety. (Dkt. No. 291). AND IT IS SO ORDERED. 1 . Although the Court has reviewed the voluminous social science and legal academic literature Defendant submitted relating to juror’s purported inability to follow a court's instructions and other aspects of the death penalty, the Court declines to apply such literature to its analysis in the face of controlling Supreme Court pre , 450 (E.D. Pa. 2001) (<HOLDING>). 3 . The Court finds that Defendant’s argument Options: A. holding that trial court retains wide discretion to apply or reject mitigating and aggravating factors as well as to interpret meaning of individual factors and its determination must be upheld absent abuse of discretion B. holding studies cited do not establish that the concepts of aggravating and mitigating factors as used in the fdpa bear such a degree of intrinsic incomprehensibility as to render them incapable of clarification through adequate juty instructions C. holding that aggravating factors may justify increasing the degree of discipline imposed D. holding imposition of the death penalty proportionate where the trial court found two aggravating circumstances ccp and contemporaneous murder two statutory mitigating factors and a number of nonstatutory mitigating factors E. holding that failure to charge nonstatutory aggravating factors in indictment is not constitutional error because under the fdpa only statutory factors expose a criminal defendant to the death penalty

assistant: The best answer is B. holding studies cited do not establish that the concepts of aggravating and mitigating factors as used in the fdpa bear such a degree of intrinsic incomprehensibility as to render them incapable of clarification through adequate juty instructions