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: without the defendant’s consent and dismissal is not in the interest of justice. Ervin, 158 Wn.2d at 752-53. Hall’s conviction was final, and he had almost completed his full sentence for felony murder before that finality was brought into question by the State’s motion. The State argues that double jeopardy protections should not bar retrial here because jeopardy did not terminate with Hall’s felony murder conviction. ¶9 The State first asserts that Hall’s reliance on cases of acquittal terminating jeopardy are inapplicable. It points out that the United States Supreme Court in United States v. Wilson, 420 U.S. 332, 95 S. Ct. 1013, 43 L. Ed. 2d 232 (1975), stated that the “first jeopardy continues until he is acquitted or his conviction becomes final.” Wilson, 420 U.S. at 343 n.11 (<HOLDING>). It appears the State is arguing that Hall’s Options: A. holding that the government may appeal trial courts dismissal of count in indictment because of prejudice caused by preindictment delay without violating double jeopardy principles B. holding that the government could appeal a criminal sentence without violating the double jeopardy clause when congress expressly authorized such an appeal C. holding that double jeopardy does not bar the prosecutions appeal of a trial courts ruling which overturns a jurys guilty verdict D. holding that where a conviction is reversed after trial the double jeopardy clause does not bar a government appeal that if successful would only reinstate the conviction and would not subject defendant to a second trial E. holding that the government may appeal a postverdict ruling without violating double jeopardy where the appeal does not result in a new trial

assistant: The best answer is E. holding that the government may appeal a postverdict ruling without violating double jeopardy where the appeal does not result in a new trial
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 liberty, which will likely last up to the date of trial. An Arthur hearing under Florida law and the Florida Constitution demands more than mere “probable cause” before pretrial detention may be ordered. Because the State can rely on affidavits, cross examination is not available to point out inconsistencies in statements. The right to counsel at a pretrial detention hearing contained in Florida Rule of Criminal Procedure 3.130(c) may not be meaningful in a complex case if counsel can be prevented from presenting argument as to why the State’s evidence is insufficient. Legal argument permits counsel to point out appli cable law and conflicts in the evidence prior to the judge making a ruling. See Herring v. New York, 422 U.S. 853, 857-58, 95 S.Ct. 2550, 45 L.Ed.2d 593 (1975) (<HOLDING>). In three pages of legal analysis and Options: A. holding that statute which permitted judge to deny defense closing in bench trial violated right to counsel and emphasizing the importance of argument by counsel in the factfinding process B. holding that defense counsel opened the door to the states rebuttal remarks when defense counsel raised the issue in his closing argument C. holding that patients constitutional due process rights were violated when his trial counsel was not allowed to present a closing argument prior to involuntary commitment D. holding statute permitting judge to deny counsel opportunity for closing argument violated criminal defendants constitutional rightto counsel E. holding that a new york statute allowing judges in a criminal bench trial to deny counsel the opportunity to make a closing argument deprived defendant of his sixth amendment right to the assistance of counsel

assistant: The best answer is A. holding that statute which permitted judge to deny defense closing in bench trial violated right to counsel and emphasizing the importance of argument by counsel in the factfinding 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 legal provision and list the applicable contract clause categories. Provision: To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower shall deliver by hand or facsimile (or transmit through Electronic System, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (prior to 9:00 am, Chicago time, at least three Business Days prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate LC Exposure shall not exceed $20,000,000, (ii) no Revolving Lender’s Revolving Exposure shall exceed its Revolving Commitment and (iii) the Aggregate Revolving Exposure shall not exceed the lesser of (x) the Aggregate Revolving Commitment and (y) the Borrowing Base. Notwithstanding the foregoing or anything to the contrary contained herein, no Issuing Bank shall be obligated to issue or modify any Letter of Credit if, immediately after giving effect thereto, the outstanding LC Exposure in respect of all Letters of Credit issued by such Person and its Affiliates would exceed such Issuing Bank’s Issuing Bank Sublimit. Without limiting the foregoing and without affecting the limitations contained herein, it is understood and agreed that the Borrower may from time to time request that an Issuing Bank issue Letters of Credit in excess of its individual Issuing Bank Sublimit in effect at the time of such request, and each Issuing Bank agrees to consider any such request in good faith. Any Letter of Credit so issued by an Issuing Bank in excess of its individual Issuing Bank Sublimit then in effect shall nonetheless constitute a Letter of Credit for all purposes of the Credit Agreement, and shall not affect the Issuing Bank Sublimit of any other Issuing Bank, subject to the limitations on the aggregate LC Exposure set forth in clause (i) of this Section 2.06(b).

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: Any notice, demand or request required under the Loan Documents shall be given in writing (at the addresses set forth below) by any of the following means: (i) personal service; (ii) electronic communication, whether by telecopier or other form of electronic communication; (iii) overnight courier; or (iv) registered or certified, first class U.S. mail, return receipt requested, or to such other addresses as Lender and Borrower may specify from time to time in writing. Any notice, demand or request sent pursuant to either subsection (i) or (ii) above, shall be deemed received upon such personal service or upon receipt by electronic means provided receipt at a time or on a day that is not a Business Day and between the hours of 9:00 a.m. and 5:00 p.m. (where the recipient is located) shall be deemed received on the next Business Day. Any notice, demand or request sent pursuant to subsection (iii) above, shall be deemed received on the Business Day immediately following deposit with the overnight courier, and, if sent pursuant to subsection (iv) above, shall be deemed received forty-eight (48) hours following deposit into the U.S. mail. The addresses are: (a) for Lender, 111 Pine Street, San Francisco, CA 94111, Attn: Commercial Loan Operations; and (b) for Borrower, Hamilton Lane Advisors, L.L.C., One Presidential Blvd., 4 th Floor, Bala Cynwyd, PA 19004.

assistant: Notices
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 Loan Party will, and will cause each Subsidiary to, maintain with financially sound and reputable carriers having a financial strength rating of at least A- by A.M. Best Company (a) insurance in such amounts (with no greater risk retention) and against such risks (including loss or damage by fire and loss in transit; theft, burglary, pilferage, larceny, embezzlement, and other criminal activities; business interruption; and general liability) and such other hazards, as is customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations and (b) all insurance required pursuant to the Collateral Documents. The Company will furnish to the Lenders, upon request of the Administrative Agent, information in reasonable detail as to the insurance so maintained.

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: is no allegation or any evidence to support an allegation that the delay caused by the continuance prejudiced appellant’s defense. Finally, we cannot conclude that the sheer duration of the delay was unreasonable under § 3161(h)(7). Nearly half of the days during the continuance would have been excluded anyway under § 3161(h)(1)(F) due to motions filed by appellant. As for the remainder, many days would have been excluded from appellant’s speedy trial clock due to the extensive motion practice of appellant’s codefendants prior to trial. The periods of excludable delay that this court has held are reasonable convinces us that the actual, additional delay caused by the continuance was not unreasonable under § 3161(h)(7). See United States v. Tobin, 840 F.2d 867, 869-70 (11th Cir.1988) (<HOLDING>); Darby, 744 F.2d at 1519 (holding forty-two Options: A. holding delay of 51 days to be unreasonable B. holding a four month delay to be reasonable under 3161h7 C. holding that eight months and ten days of delay was not an unreasonable period of delay to attribute to a codefendant under 3161h7 D. holding that the district court abused its discretion in denying leave to amend after a delay of eight months E. holding that a trial date 101 days after an initial arraignment but only 55 days after a second arraignment was not an unreasonable delay under 3161h7

assistant: The best answer is C. holding that eight months and ten days of delay was not an unreasonable period of delay to attribute to a codefendant under 3161h7
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 court stated: we cannot see why evidence gathering for prosecution for driving under the influence using implied-consent procedures is any less subject to constitutional scrutiny than other evidence-gathering procedures such as searches, use of informers, or custodial interrogation. Id. at 410, 247 N.W.2d at 389. In 1978, the legislature signified its concurrence with Pri-deaux by expanding the implied consent advisory to include notice to the driver of the right to counsel. See 1978 Minn. Laws ch. 727, § 3. The 1984 legislature again amended the law by removing from the advisory the language that, in effect, gave the driver a limited right to consult with an attorney before submitting to a chemical test. See Nyflot v. Commissioner of Pub. Safety, 369 N.W.2d 512, 515 (Minn.1985) (<HOLDING>). Thus, Nyflot eliminated any basis— statutory Options: A. holding that the 1984 amendment controls and that a driver arrested for dwi no longer has even a limited statutory right to consult with counsel before deciding whether to submit to chemical testing B. holding that there is no constitutional right to refuse chemical testing under the implied consent law C. holding a minnesota statute that required police to advise drivers that they were not permitted to consult with an attorney prior to deciding whether to submit to or refuse blood alcohol content testing and one that imposed criminal penalties on individuals who refused to submit to blood alcohol testing within five years of a prior drivers license revocation unconstitutional as applied D. holding that there is no federal or colorado constitutional right to postconviction counsel but there is a limited statutory right E. holding that the right to have counsel present means the right to have counsel physically present during the interrogation not merely the right to consult an attorney by telephone

assistant: The best answer is A. holding that the 1984 amendment controls and that a driver arrested for dwi no longer has even a limited statutory right to consult with counsel before deciding whether to submit to chemical testing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties understand and agree that if, at any time , a violation of any term of this Agreement is asserted by any party hereto, that party shall have the right to seek performance of that term and/or any other necessary and proper relief including, but not limited to, damages from the applicable state or federal courts located in the State of Colorado and each agree to be subject to and shall submit to the jurisdiction of such courts for any such action or proceeding. In any such proceeding, the Parties agree that the remaining terms of this Agreement remain in full force and effect, and you further agree not to reinstate any claims otherwise compromised by this Agreement or rely upon the facts which allegedly support such claims .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The closing of the purchase and sale of the Purchased Membership Interests (the " Closing ") will take place (a) at the offices of Chadbourne & Parke LLP in New York, New York at 10:00 a.m. (Eastern time) on the date hereof or (b) at such other place and time as Purchaser and Seller may agree in writing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: how much he slowed down before or during the turn, or how fast he was travelling after slowing down. In fact, there is evidence in the record that Deputy Johnson maintained a one-car-length distance between himself and the fleeing car before entering the intersection, that Deputy Johnson was close enough to the fleeing car during the turn that the fleeing car obstructed his view of the traffic on the intersecting street, that Deputy Johnson thought the fleeing car was going to proceed straight through the intersection, and that he turned to follow the fleeing car. Viewed in the light most favorable to Martinez, this evidence suggests that Deputy Johnson did not slow before the turn to clear the intersection, but only slowed in the course of the turn. See Miranda, 133 S.W.3d at 226 (<HOLDING>). Finally, in Kuhn this Court discounted the Options: A. holding that we view the evidence in the light most favorable to the prevailing party B. holding courts review motion for summary judgment in light most favorable to nonmovant C. holding that on review of grant of summary judgment to defendant stipulation must be interpreted in the light most favorable to plaintiff D. holding record is viewed in light most favorable to verdict E. holding that in ruling on a summaryjudgment motion record evidence must be viewed in a light most favorable to nonmovant

assistant: The best answer is B. holding courts review motion for summary judgment in light most favorable to nonmovant
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: Upon the payment in full of all Secured Obligations, the cancellation or termination of the commitments and any other contingent obligation included in the Secured Obligations, the security interest granted hereby shall terminate hereunder and of record and all rights to the Trademark Collateral shall revert to the Grantor. Upon any such termination, the Secured Party shall, at the Grantor’s expense, execute and deliver to the Grantor such documents as the Grantor shall reasonably request to evidence such termination.

assistant: Terminations
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: against him by executing promissory notes to the plaintiff payable only to the extent that his insurer paid on his claims. The court in Griffith held that the defendant was not, under those circumstances, legally obligated to pay the judgment, and, therefore, the insured was not required to provide coverage under the terms of the policy. The circuit court recognized that both Bendall and Griffith were “persuasive authority,” but it declined to follow those cases. The circuit court stated: “Since Bendall, numerous courts in other jurisdictions have held that an injured party’s agreement not to collect a judgment against an insured does not necessarily nullify insurance coverage. See Auto-Owners Ins. Co. v. St. Paul Fire & Marine Ins. Co., 547 So.2d 148[, 151] (Fla.Dist.Ct.App.1989)(<HOLDING>). See also Red Giant Oil Co. v. Lawlor, 528 Options: A. holding r 4429a6 to be inapplicable to direct actions brought by the insured against the carrier to enforce coverage B. holding that a plaintiffs agreement to collect only against a defendants insurance company was merely a covenant and did not constitute a release of the defendants from liability and stating that the defendant is still legally obligated to the injured party and the insurer still must make good on its contractual promise to pay C. holding that where a duty to obtain specified insurance coverage exists a plaintiff must prove that the loss is one insured against in some policy D. holding that an insurance company which chose not to defend its insured could not later deny coverage by asserting the legally obligated to pay provision in the policy after the insured reached a settlement where the injured party agreed to collect only against insurance proceeds E. holding that a covenant not to execute on a judgment against an insured does not negate insurance coverage and stating that many courts including floridas look with disfavor on the idea that a covenant not to enforce against one party automatically releases that partys insurance carrier

assistant: The best answer is E. holding that a covenant not to execute on a judgment against an insured does not negate insurance coverage and stating that many courts including floridas look with disfavor on the idea that a covenant not to enforce against one party automatically releases that partys insurance carrier
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to affirm. In arguing that he was eligible for a sentence reduction under Amendment 782, Johnson maintains that the district court (1) erroneously relied on discredited cocon-spirator testimony in concluding that his base offense level was 36; and (2) downwardly departed to adjust for any potential miscalculation in drug quantity, thereby effectively basing his sentence on a total offense level of 38, not 42. This argument fails because Amendment 782 does not reduce Johnson’s applicable Guideline range. See U.S.S.G. § 1B1.10(a)(2)(B) (explaining that defendant is not entitled to sentence reduction where amendment “does not have the effect of lowering the defendant’s applicable guideline range”); see also Dillon v. United States, 560 U.S. 817, 821, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) (<HOLDING>). In determining eligibility for a sentence Options: A. recognizing that the sentence imposed should be consistent with the protection of the public B. recognizing that 3582c2 requires sentence reductions to be consistent with applicable policy statements issued by the sentencing commission C. holding that booker and kimbrough do not apply to 3582c2 proceedings and that booker and kimbrough do not prohibit the limitations on a judges discretion in reducing a sentence imposed by 3582c2 and the applicable policy statement by the sentencing commission D. holding that booker does not prohibit the limitations on a judges discretion in reducing a sentence imposed by 3582c2 and the applicable policy statement by the sentencing commission E. holding that 3582c2 does not authorize a resentencing but merely provides for a sentence reduction within the bounds established by the sentencing commission and that booker does not apply to 3582c2 proceedings

assistant: The best answer is B. recognizing that 3582c2 requires sentence reductions to be consistent with applicable policy statements issued by the sentencing commission
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 Member acknowledges and agrees that a breach of this Agreement (including a breach of Section 6.04 ) may give rise to irreparable harm for which monetary damages would not be an adequate remedy. Each Member accordingly agrees that, notwithstanding the provisions of Section 8.01 , only for the purpose of seeking relief under this Section 20.17 and without waiving any remedy under this Agreement or any other Transaction Document, each Member shall be entitled to seek to enforce the terms of this Agreement by decree of specific performance to obtain injunctive relief against any breach or threatened breach of this Agreement (“ Injunctive Relief ”). The Members further consent to the giving of any interim and conservatory relief by a court of competent jurisdiction pursuant to Section 20.09 (including any temporary or permanent Injunctive Relief), including the making, enforcement or execution against any property whatsoever (irrespective of its use or intended use) of any order, award or judgment which may be made or given in any such Proceeding. Each Member waives any objection that it may have to any such courts on the grounds of inconvenient forum. The Members agree to abide by and perform any order, award or judgment with respect to Injunctive Relief issued in any Proceeding pursuant to this Section 20.17 .

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 legal provision and list the applicable contract clause categories. Provision: All notices and other communications provided to any party hereto under this Guaranty shall be in writing or by facsimile and addressed, delivered or transmitted to such party at its address or facsimile number set forth below or at such other address or facsimile number as may be designated by such party in a notice to the other parties. Any notice, if mailed and properly addressed with postage prepaid, shall be deemed given when received; any notice, if transmitted by facsimile, shall be deemed given when transmitted.

assistant: Notices
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: Likewise, whereas the qualifications to serve as a probate or juvenile judge of the city and county of Denver are set forth in Colorado Constitution article VI, sections 14 and 15, respectively, the term of office is set forth for both judges by reference to Colorado Constitution article VI, section 10(2). I agree that our decision in In re Title, Ballot Title and Submission Clause, and Summary for 1997-1998 # 64, 960 P.2d 1192, 1197 n. 11 (Colo.1998), includes a footnote that suggests that a single initiative which sought to alter the manner in which judges are nominated, appointed and retained, judicial terms of office, and term limits would not violate the single-subject mandate of section 1(5.5), so long as the subject of the initiative was qualific .2d 1205, 1211 (Colo. 1994) (<HOLDING>). Because I do not read the term Options: A. holding that the colorado constitution reserves no authority in the state legislature to change add to or diminish the qualifications for constitutionally created offices B. holding that in order for there to be state debt in the constitutional sense one legislature in effect must obligate a future legislature to appropriate funds to discharge the debt created by the first legislature C. holding that the requirement that the county seek recommendations for appointments to a civil office from a private corporation was not constitutionally repugnant because where the office was created by the legislature the legislature retains the control over that offices method of appointment D. holding that state legislature may at pleasure create or abolish public offices E. recognizing that provisions of the colorado constitution should be construed in the context of the constitution as a whole

assistant: The best answer is A. holding that the colorado constitution reserves no authority in the state legislature to change add to or diminish the qualifications for constitutionally created offices
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All factual information taken as a whole (other than forward-looking information and projections and information of a general economic nature and general information about Borrowers’ industry) furnished by or on behalf of a Loan Party or its Subsidiaries in writing to Agent or any Lender (including all information contained in the Schedules hereto or in the Other Documents) for purposes of or in connection with this Agreement or the Other Documents, and all other such factual information taken as a whole (other than forward-looking information and projections and information of a general economic nature and general information about Quantum’s industry) hereafter furnished by or on behalf of a Loan Party or its Subsidiaries in writing to Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other required communications under this Agreement (“ Notices ”) shall be in writing, and shall be sent to a party at the address set forth below such party’s signature block below. A party may change its address by sending Notice to the other party of the new address. Notices shall be given: (a) by personal delivery to the other party; (b) by facsimile, with a confirmation sent by registered or certified mail, return receipt requested; (c) by registered or certified mail, return receipt requested; or (d) by express courier (e.g., FedEx). Notices shall be effective and shall be deemed delivered: (i) if by personal delivery, on the date of the personal delivery; (ii) if by facsimile, on the date stated in the electronic confirmation, delivered during normal business hours (8:00 a.m. to 5:00 p.m. at recipient’s location), and, if not delivered during normal business hours, on the next business day following delivery; (iii) if solely by mail, on the date of receipt as stated on the return receipt; or (iv) if by express courier, on the date signed for or rejected as reflected in the courier’s delivery log.

assistant: Notices
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: Contra Defendants' Motion for Summary Judgment, the first argument heading is entitled "Material Issues of Fact Exist as to Plaintiff's § 1983 Claim of Infringement of His Fundamental Right in the Rearing of His Child as Protected by the Equal Protection Clause and the First Amendment Free Exercise Clause." J.A. at 135. 3 . The dissent argues that a "public employer can insist that employees waive certain rights,” dissent at 975, and summarizes the ultimate holding of this court in Montgomery to support its assertion, id. (noting that “this court upheld a school district's anti-nepotism policy, which required the transfer of one employee because that employee was married to another employee, despite the right to marry”). While our ultimate holding in Mo d 1479 (11th Cir.1984) (<HOLDING>). 5 . "We may affirm a decision of the district Options: A. recognizing the districts duty of care for the protection of school children in its schools B. recognizing fundamental right of parents to care for their children C. holding that a school board policy prohibiting employees from sending their children to private schools interfered with employees constitutional right to control the education of their children D. recognizing the right of the parent to give his children education suitable to their station in life E. holding that liberty includes the right of parents to establish a home and bring up children and to control the education of their own

assistant: The best answer is C. holding that a school board policy prohibiting employees from sending their children to private schools interfered with employees constitutional right to control the education of their children
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 hereto represents and warrants to the other parties hereto that it is duly authorized (on its own behalf and on behalf of any Secured Party that it represents) that is duly authorized to enter into this Agreement.

assistant: Authorizations
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: quoted swpra note 4, makes it a federal offense for any person to take a hostage “in order to compel a third person or a governmental organization to do or abstain from doing any act.” The statute does not apply to offenses committed within the United States unless one of three conditions has been met: (i) either the victim or the perpetrator was a foreign national; (ii) the perpetrator is found outside the United States; or (iii) the perpetrator sought, through commission of the kidnaping, to compel the United States to do or abstain from doing some act. Id. § 1203(b)(2). Here, Muñoz was a foreign national, so section 1203(b)(2) is satisfied and the statute therefore applies. There is no requirement that the perpetrator know the victim’s nationality or intend to commit an Cir.1975) (<HOLDING>). We see no reason why the same rationale Options: A. holding that the defendant did not need to know he was crossing state lines in order to violate 18 usc 1201 which applies to the transportation of kidnaped persons across state lines B. holding that the fourteenth amendment only applies to state action C. recognizing that a state has a legitimate interest in all insurance policies protecting its residents against risks an interest which the state can protect even though the state action may have repercussions beyond state lines D. holding officer had a reasonable basis to stop a motorist for crossing the fog line and that failure to have regard for the width and use of the street by swerving off the side of the road or crossing the marker lines constitutes probable cause for a traffic stop E. holding that specific jurisdiction may not be avoided merely because the defendant did not physically enter the forum state since it is an inescapable fact of modern commercial life that a substantial amount of business is transacted solely by mail and wire communications across state lines thus obviating the need for physical presence within a state in which business is conducted

assistant: The best answer is A. holding that the defendant did not need to know he was crossing state lines in order to violate 18 usc 1201 which applies to the transportation of kidnaped persons across state lines
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. 281 86 S.Ct. 423 15 L.Ed.2d 324 PENNSYLVANIA PUBLIC UTILITY COMMISSIONv.The PENNSYLVANIA RAILROAD CO. No. 375. Dec. 13, 1965. William A. Goichman and Joseph C. Bruno, for appellant. Hugh B. Cox and Windsor F. Cousins, for appellee. PER CURIAM. 1 In the three-judge District Court from which this appeal comes to us, the Pennsylvania Railroad Company sued to enjoin the enforcement of a duly promulgated order of the Pennsylvania Public Utility Commission on the sole ground that the order conflicted with a federal statute. The Commission, among other defenses, contended that the federal statute was unconstitutional, but the District Court decided the case in favor of the railroad and issued an appropriate injunction. 240 F.Supp. 233. 2 It follows from our recent decision in Swift & Co. v. Wickham, 382 U.S. 111, 86 S.Ct. 258, 15 L.Ed.2d 194, that the injunction sought by the railroad, being based on incompatibility between the state order and the federal statute, was not grounded in the 'unconstitutionality' of a state measure so as to require a three-judge tribunal under 28 U.S.C. § 2281 (1964 ed.). Nor is § 2282, requiring such a tribunal in order to enjoin 'any Act of Congress for repugnance to the Constitution,' invoked by the Commission's defense that the federal statute is unconstitutional; it is settled that this provision 'does not provide for a case where the validity of an act of Congress is merely drawn in question, albeit that question be decided, but only for a case where there is an application for an interlocutory or permanent injunction to restrain the enforcement of an act of Congress.' International Ladies' Garment Workers' Union v. Donnelly Garment Co., 304 U.S. 243, 250, 58 S.Ct. 875, 879, 82 L.Ed. 1316. 3 Because a three-judge court was not required to adjudicate this suit, this Court has no jurisdiction under 28 U.S.C. § 1253 (1964 ed.) to entertain a direct appeal. It does not appear from the record that the Commission lodged a protective appeal in the Court of Appeals, and the time to do so has almost certainly expired. The appeal to this Court occurred before Swift & Co. v. Wickham, supra, was decided, and there is no reason why the Commission should be deprived of appellate review. In accordance with precedent, we vacate the judgment below and remand the case to the District Court so that it may enter a fresh decree from which a timely appeal may be taken to the Court of Appeals. See Phillips v. United States, 312 U.S. 246, 254, 61 S.Ct. 480, 484, 85 L.Ed. 800. 4 It is so ordered. 5 Judgment vacated and case remanded to District Court.

assistant: 9
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 Borrower agrees to defend, protect, indemnify and hold the Collateral Agent and each of the Lenders, jointly and severally, harmless from and against any and all claims, damages, losses, liabilities, obligations, penalties, fees, costs and expenses (including, without limitation, reasonable legal fees, costs, expenses, and disbursements of such Person’s counsel) (i) with respect to, or resulting from, any delay in paying, any and all excise, sales or other taxes which may be payable or determined to be payable with respect to any of the Collateral, (ii) with respect to, or resulting from, any delay in complying with any law, rule, regulation or order of any court, arbitrator or governmental entity, jurisdiction or authority applicable to any of the Collateral or (iii) in connection with any of the transactions contemplated by this Security Agreement (including, without limitation, enforcement of this Agreement). In any suit, proceeding or action brought by the Collateral Agent under any Account for any sum owing thereunder, or to enforce any provisions of any Account, the Borrower will save, indemnify and keep the Collateral Agent and each of the Lenders, jointly and severally, harmless from and against all expense, loss or damage suffered by reason of any defense, setoff, counterclaim, recoupment or reduction or liability whatsoever of the account debtor or obligor thereunder, arising out of a breach by the Borrower of any obligation thereunder or arising out of any other agreement, indebtedness or liability at any time owing to or in favor of such account debtor or obligor or its successors from the Borrower. The foregoing indemnification shall not apply to any liabilities, costs or expenses resulting directly from the gross negligence or actual willful misconduct, as determined by a final judgment of a court of competent jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: amounts of $19,905.51 for mortgage interest, property taxes, and maintenance expenses and $19,955.62 for lost rent? V. Did the district court err by determining that RTB is entitled to prejudgment interest under Minn.Stat. § 549.09, subd. 1(b) (2014), beginning on September 20, 2010? VI. Did the district court err by ordering Minnwest to pay $12,000 in administrative costs to correct the property line? ANALYSIS I. RTB argues that the district court erred by refusing to adopt the advisory jury’s finding that RTB is entitled to $100,563.75 in conveyance damages separate and distinct from the diminution-in-value damages award of $638,434. We review a district court’s decision to award or not award damages for an abuse of discretion. Gabler v. Fedoruk, 756 N.W.2d 725, 734 (Minn.App.2008) (<HOLDING>); see also Wenigar v. Johnson, 712 N.W.2d 190, Options: A. holding that it was necessary for this court to reach methodofvaluation arguments because the district court abused its discretion by incorrectly awarding damages B. holding district court abused its discretion in admitting state court findings of fact C. recognizing that an appellant seeking to establish that the district court abused its discretion must do so by a discussion of facts arguments and rulings that appear in the record D. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint E. holding that district court abused its discretion by denying plaintiffs motion to file fourth amended complaint

assistant: The best answer is A. holding that it was necessary for this court to reach methodofvaluation arguments because the district court abused its discretion by incorrectly awarding damages
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: Public Sector Accidental Disability Pensions in New Jersey: The Law of Dramatic Events, 31 Rutgers L.J. 491 (2000). This legislative trend in favor of rendering more difficult the conferring of accidental disability pension benefits militates against the liberal approach forcefully championed by Smith in this matter. If adopted, Smith’s interpretation would expand the class of persons eligible for the significantly greater monetary benefits permitted when an allowance pursuant to N.J.S.A. 43:15A-43 is made, and would have a tendency to place a greater strain on the financial integrity of the fund in question and its future availability for those persons who are truly eligible for such benefits. See Mount v. Trustees of P.E.R.S., 133 N.J.Super. 72, 86, 335 A.2d 559 (App.Div.1975) (<HOLDING>). In rejecting Smith’s argument, we conclude Options: A. holding that the settlor could divest the beneficiaries of their vested interests only by completely revoking the trust because she had limited her ability to eliminate the beneficiaries interests by including language in the trust stating that the interests of the beneficiaries shall continue until this trust is revoked or terminated internal quotation marks omitted B. recognizing that the members of the board of trustees are fiduciaries and therefore have a duty to protect the fund and the interests of all beneficiaries thereof which duty must be exercised with due care diligence and skill in administering the trust C. holding that the law imposes on every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and calls a violation of that duty negligence that a complete binding contract between the parties is not a prerequisite to a duty to use due care in ones actions and that architects may be held liable for a breach of the duty of care and breach of contract that results in foreseeable injury economic or otherwise D. holding that trust beneficiaries have no authority to maintain an action as third party beneficiaries of contracts between the trustee and agents of the trustee concerning the internal affairs of the trust E. holding that trustees fiduciary duty exists independent of any clause in trust agreement

assistant: The best answer is B. recognizing that the members of the board of trustees are fiduciaries and therefore have a duty to protect the fund and the interests of all beneficiaries thereof which duty must be exercised with due care diligence and skill in administering the trust
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: by a written motion filed within 30 days following the imposition of sentence.” 730 ILCS 5/5—8—1(c) (West 1994) (eff. August 11, 1993). The mandatory language of section 5—8—1(c) has been interpreted to mean that a defendant who fails to file a post-sentencing motion challenging the correctness of the sentence waives appellate review of the matter unless it appears that the trial court imposed consecutive or extended sentences without legal justification. See People v. Reed, 282 Ill. App. 3d 278, 280-81 (1996) (cautioning litigants about ignoring the waiver rule only because "substantial” or "fundamental” rights are implicated). Here, defendant essentially argues that he was denied fundamental fairness in sentencing. See People v. Brown, 249 Ill. App. 3d 986, 620 N.E.2d 1090 (1993) (<HOLDING>). Defendant did not raise this issue before the Options: A. holding that potential class members are similarly situated to the named plaintiffs if they are similarly situated with respect to their job requirements and pay provisions B. holding that defendants are not similarly situated for sentencing purposes where one defendant accepts responsibility but the other does not C. holding equal protection under the federal constitution applies to similarly situated persons D. recognizing fundamental fairness requires criminal defendants be granted a meaningful opportunity to present a complete defense E. holding that fundamental fairness requires that defendants similarly situated should not receive grossly disparate sentences

assistant: The best answer is E. holding that fundamental fairness requires that defendants similarly situated should not receive grossly disparate sentences
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 Section 5, the Company acknowledges and agrees that any failure by the Company to comply with its obligations under Sections 3 and 4 hereof may result in material irreparable injury to the Initial Purchaser or the Holders for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of any such failure, the Initial Purchaser or any Holder may obtain such relief as may be required to specifically enforce the Company’s obligations under Sections 3 and 4 hereof. The Company further agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

assistant: Remedies
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 any number of counterparts, each of which shall constitute an original, but all of which, taken together, shall constitute but one and the same instrument. This Agreement may be executed by the parties and transmitted by facsimile or electronic mail and when it is executed and transmitted in such manner this Agreement shall be for all purposes as effective as if the party(s) had delivered an executed original of this Agreement.

assistant: Counterparts