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: money transfers in the light most favorable to the government, we conclude that this evidence was sufficient to permit the district court to find that Turismo was “engaged in the business of’ transmitting money in New York despite having its principal place of business in Chile. Our recent decision in United States v. Bah, 574 F.3d 106, is not to the contrary. Unlike the defendant in Bah — who argued that he received money in New York, transported it to New Jersey, and then transmitted money from New Jersey where he was licensed to operate a money transmitting business — Mazza-Alaluf carried cash into the United States from Chile, which cash was eventually deposited in Turismo’s United States bank accounts for transmission in New York and the other states at issue. See id. at 114 n. 6 (<HOLDING>). Accordingly, because the evidence shows that Options: A. holding that an order to disgorge funds was final even though the order did not distribute the funds B. holding that because the recipient of funds had a contractual obligation to immediately transfer them he was not an initial transferee under 550 even though the funds were eventually used to purchase stock in his name C. holding not an abuse of discretion to deny funds D. holding that statute prohibits unlicensed transfer not transport of funds E. holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court

assistant: The best answer is D. holding that statute prohibits unlicensed transfer not transport of funds
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: purpose of giving fair and reasonable notice to all parties of the appropriate procedural standards that should be uniformly applied when any party, including a pro se litigant, seeks relief in [civil litigation]," and advising that [a) pro se litigant who wants to initiate such an action should familiarize himself or herself with the rules of procedure"). 11 . Breck, 745 P.2d at 75. The Municipality maintains that Genaro did not need the superior court to inform her of the opportunity under Rule 36(b) to move or withdraw her admissions because the Municipality pointed Genaro to Rule 36 in the instructions accompanying its first discovery request and warned her of the consequences of failing to respond. See Willoya v. State, Dep't of Corrections, 53 P.3d 1115, 1123 (Alaska 2002) (<HOLDING>). The instructions did not describe the option Options: A. holding that a pro se litigant who is an attorney is not entitled to fees under 1988 B. holding that at a bare minimum the district court was required to provide a pro se prisoner with fair notice of the summary judgment rule requirements C. holding attorneys fees not available to pro se attorney litigant in a federal freedom of information act action D. holding that a litigant has standing to challenge the constitutionality of a statute if the law is unconstitutional as applied to that particular litigant E. holding that court had no obligation to inform pro se litigant of procedural requirements due to clear evidence in record including inter alia defendants mention of requirements in summary judgment motion that litigant knew requirements

assistant: The best answer is E. holding that court had no obligation to inform pro se litigant of procedural requirements due to clear evidence in record including inter alia defendants mention of requirements in summary judgment motion that litigant knew requirements
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 Assignment and Assumption Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed the same instrument. This Assignment and Assumption Agreement may be executed and delivered via fax or scan which shall have the same full force and effect as 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 legal provision and list the applicable contract clause categories. Provision: Notwithstanding any provision of this Agreement to the contrary, if any amount or benefit to be paid or provided under this Agreement would be an “Excess Parachute Payment,” within the meaning of Section 280G of the Code, or any successor provision thereto, but for the application of this sentence, then the payments and benefits identified in the last sentence of this Section 3 to be paid or provided under this Agreement will be reduced to the minimum extent necessary (but in no event to less than zero) so that no portion of any such payment or benefit, as so reduced, constitutes an Excess Parachute Payment; provided, however, that no such reduction shall be made if it is not thereby possible to eliminate all Excess Parachute Payments under this Agreement; provided, however, that the foregoing reduction will be made only if and to the extent that such reduction would result in an increase in the aggregate payment and benefits to he provided, determined on an after-tax basis (taking into account the excise tax imposed pursuant to Section 4999 of the Code, or any successor provision thereto, any tax imposed by any comparable provision of state law, and any applicable federal, state and local income and employment taxes). Whether requested by Executive or the Company, the determination of whether any reduction in such payments or benefits to be provided under this Agreement or otherwise is required pursuant to the preceding sentence will be made at the expense of the Company by the Company’s independent accountants, which determination shall take into account a reasonable compensation analysis of the value of services provided or to be provided by Executive, including Executive’s agreeing to refrain from performing services pursuant to a covenant not to compete or similar covenant applicable to Executive (including, without limitation, those contemplated by Sections 6, 7 and 8 of this Agreement).

assistant: Benefits
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 definitions contained in this Agreement and the rights and obligations contained in Paragraphs 4 (“Intellectual Property Rights”) and 7 (“General Provisions”) will survive any termination or expiration of this Agreement.

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: substantial to one in close management. Id. As such, the deprivation of those two hours constituted an atypical and significant hardship warranting due process protection. Id. While the various courts of appeal continue to differ in their approach to determining what constitutes an “atypical and significant hardship” and where to look to determine the baseline of the “ordinary incidents of prison life,” what is evident is that the ultimate determination of whether a liberty interest is implicated requires a fact intensive inquiry. At least at the pleading stage, it appears that courts in this Circuit endeavor to determine whether the deprivation alleged is atypical and significant when compared with the conditions experienced by the general population. See Magluta, 375 F.3d at 1282-83 (<HOLDING>); Bass, 170 F.3d at 1318 (a deprivation of two Options: A. holding that a statecreated liberty interest in ones classification may exist where classification imposes atypical and significant hardship B. holding that allegations of solitary confinement in a tight space for over 500 days was sufficient to state an atypical and significant hardship when compared to the expectations of a pretrial detainee C. holding that 30day segregated confinement in hawaii penitentiary did not present such atypical hardship so as to create liberty interest D. holding that liberty interests implicating the due process clause are generally limited to freedom from restraint which imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life E. holding that the plaintiffs disciplinary segregated confinement for thirty days did not present the type of atypical significant deprivation in which a state might conceivably create a liberty interest

assistant: The best answer is B. holding that allegations of solitary confinement in a tight space for over 500 days was sufficient to state an atypical and significant hardship when compared to the expectations of a pretrial detainee
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: statute does authorize tribal-state agreements; however, the scope of the statute is confined to “agreements ... with respect to law enforcement.” Id. § 29-8-3. It-is true that the compacts have some provisions regarding law enforcement, but this fact does not bring all of the terms within the scope of the Mutual Aid Act. The authority of an executive acting pursuant to a legislative grant of authority is limited to the express or implied terms of that grant. See Worthington v. Fauver, 88 N.J. 183, 440 A.2d 1128, 1140 (1982). Cf. Rivas v. Board of Cosmetologists, 101 N.M. 592, 593, 686 P.2d 934, 935 (1984) (an executive agency cannot promulgate a regulation that is beyond the scope of its statutory authority); State ex rel. Lee v. Hartman, 69 N.M. 419, 426, 367 P.2d 918, 923 (1961) (<HOLDING>). The Mutual Aid Act does not in any way Options: A. holding that a delegation of authority by the legislature must be express and provide clear statutory standards to guide the delegee B. holding that a statutory right is a creature of the legislature and does not exist where the legislature has not acted C. recognizing the delegation of authority to the united states attorneys D. holding the fundamental touchstone is that the will or intent of the legislature must be a pole star to guide us E. recognizing the medicare statutes broad delegation of authority

assistant: The best answer is A. holding that a delegation of authority by the legislature must be express and provide clear statutory standards to guide the delegee
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 and any amendments, waivers, consents or supplements hereto may be executed in any number of counterparts (including by facsimile or electronic delivery (PDF), and by different parties hereto in separate counterparts, each of which when so delivered shall be deemed an original, but all of which counterparts shall constitute but one and the same instrument.

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 legal provision and list the applicable contract clause categories. Provision: All fees required to be paid on the Closing Date pursuant to this Agreement and the reasonable legal fees of Paul, Weiss, Rifkind, Wharton & Garrison LLP, counsel to the Lenders, related to the Loan Documents shall, upon the making of the Secured Term Loans, have been paid, which amounts may be offset against the proceeds of the Secured Term Loans.

assistant: Fees
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: order accompanies this Memorandum Decision. 1 . The Court refers to Form B22C as the Statement of Current Monthly Income required for determining whether a debtor complies with §§ 1325(b) and 707(b). 2 . See In re lass, 340 B.R. 411 (Bankr.D.Utah 2006) (interpreting the term, "projected disposable income”). 3 . See In re Fuger, 347 B.R. 94 (Bankr.D.Utah 2006) (interpreting the term, "applicable commitment period”). 4 . See In re Wilbur, 344 B.R. 650 (Bankr. D.Utah 2006) (interpreting the term, "unsecured creditors”). 5 . 362 B.R. 402 (Bankr.C.D.Ill.2007). 6 . Id. at 411. 7 . All statutory citations hereinafter are to the Bankruptcy Code, unless stated otherwise. 8 . 709 F.2d 1344 (10th Cir.1983). 9 . Id. at 1347-48. 10 . See In re Alexander, 363 B.R. 917, 921-22 (10th Cir. BAP 2007) (<HOLDING>). 11 . 147 B.R. 498 (Bankr.D.Mimi.1992). 12 . Options: A. holding that even if a state employees termination is properly appealed the employee bears the burden of persuasion that the alleged conduct did not occur B. holding that employer bears the full burden of persuasion for the facts requisite to an exemption C. holding that a debtor bears the burden of persuasion under 1325a D. holding that plaintiff bears burden of production as well as persuasion E. recognizing that the burden of persuasion for a showing of prejudice was on the defendant

assistant: The best answer is C. holding that a debtor bears the burden of persuasion under 1325a
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: not, we believe, a factor that ought to have been eliminated from any consideration. Conclusion Because the bankruptcy court did not take into account all of the factors that it ought to have weighed and because it did not place the ultimate burden of establishing the § 523(a)(15)(B) exception on the debtor, we must vacate the decision of the district court and remand the case to that court with instructions to remand it to the bankruptcy court for new factual findings made under the proper burden of proof. Therefore, we vacate the judgment of the district court with directions that the case be remanded to the bankruptcy court for further consideration consistent with this opinion. Vacated And Remanded. 1 . Cf. Farrey v. Sanderfoot, 500 U.S. 291, 111 S.Ct. 1825, 114 L.Ed.2d 337 (1991) (<HOLDING>). Congress supplemented the reach of this Options: A. recognizing the right of a former spouse to seek contribution for payment of community debts not allocated by the divorce decree B. holding that a debtors ability to utilize 522f to avoid a judicial lien is not dependent upon the debtor receiving a discharge C. holding that 522f doesnot permit a debtor to avoid a lien granted to the debtors former spouse under a divorce decree that extinguishes all previous interests the parties had in the property and in no event secures more than the spouses former interest D. holding that in the absence of a hold harmless agreement a former spouse has no claim against the debtor to pay a debt listed on the divorce agreement as belonging to the debtor because such a debt is not incurred in connection with the divorce but was incurred in connection with the debtors and former spouses original transaction with the creditor E. holding that the debtor must have had an interest in the property before the lien attached to take advantage of 522f

assistant: The best answer is C. holding that 522f doesnot permit a debtor to avoid a lien granted to the debtors former spouse under a divorce decree that extinguishes all previous interests the parties had in the property and in no event secures more than the spouses former interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court rejected petitioner’s claims, stating: “Evidence or comments about crime victims, including the impact of a crime on victims, do not offend the United States or Ohio Constitutions, and did not harm appellant.” State v. Taylor, 78 Ohio St.3d 15, 28, 676 N.E.2d 82 (1997) (citing Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991)) (further citations omitted). The Ohio Supreme Court further found that the prosecutor had not improperly commented on nonstatutory aggravating factors by referring to petitioner’s prior murder convictions because “the charged death-penalty specification alleged appellant had previously been convicted of murder.” Id. Petitioner cannot demonstrate that the Ohio Supreme Court’s opinion was clearly contrary to Payne v. Tennessee, supra, (<HOLDING>), or any other United States Supreme Court Options: A. holding that res judicata does not apply where the prior claim was founded on the eighth amendment and the current claimwas premised on the due process clause of the fourteenth amendment B. holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized C. holding eighth amendment does not barper se prosecutorial comments on victim impact D. holding that use of a victim impact statement during sentencing violated the eighth amendment E. holding that the eighth amendment does not require comparative proportionality review by an appellate court

assistant: The best answer is C. holding eighth amendment does not barper se prosecutorial comments on victim impact
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 shall not be modified or amended except in writing signed by HCW and the Company. This Agreement shall be binding upon and inure to the benefit of both HCW and the Company and their respective assigns, successors, and legal representatives. This Agreement constitutes the entire agreement of HCW and the Company with respect to this Placement and supersedes any prior agreements with respect to the subject matter hereof. If any provision of this Agreement is determined to be invalid or unenforceable in any respect, such determination will not affect such provision in any other respect, and the remainder of the Agreement shall remain in full force and effect. This Agreement may be executed in counterparts (including facsimile counterparts), each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of the Loan Documents executed by it, and the making of Borrowings hereunder in the case of the Borrower, are within such Loan Party’s corporate, limited liability or partnership powers, as applicable, and have been duly authorized by all necessary corporate, limited liability or partnership action, as applicable.

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: the bankruptcy court’s 9/15/03 order denying confirmation of the plan was not final at the time it was issued “because the Debtors remained free to propose an alternate plan.” In re Bentley, 266 B.R. 229, 233 (B.A.P. 1st Cir.2001); see Bartee v. Tara Colony Homeowners Ass’n (In re Bartee), 212 F.3d 277, 283 (5th Cir.2000) (stating, “If the order was not intended to be final — for example, if the order addressed an issue that left the debtor able to file an amended plan ... appellate jurisdiction would be lacking.”). But even if the 9/15/03 order denying confirmation of the plan was not final at the time it was issued, the parties assert that the order became final after October 27, 2003, when the bankruptcy court entered its order dismissing the case. See In re Bentley, 266 B.R. at 234 (<HOLDING>). In In re Parque Forestal, Inc., this Court Options: A. holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case B. recognizing that order denying confirmation of a plan does not resolve a discrete issue C. holding that workers compensation awards remained property of the estate despite confirmation of the debtors plans where the confirmation orders specifically provided that property of the estate did not vest in the debtor until the completion of the plan D. holding that provision in chapter 13 plan discharging postpetition interest on a student loan is binding on creditor under theory of res judicata where objection was not raised prior to plan confirmation and confirmation order was not appealed E. holding on an objection to confirmation of plan that the debtors failure to file tax returns before filing the chapter 13 plan and debtors failure for six months to comply with federal law constituted a lack of good faith sufficient to warrant dismissal of the case

assistant: The best answer is A. holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied on any representation or statement made by the other Party or by any of the Parties’ agents, representatives, or attorneys with regard to the subject matter, basis, or effect of this Agreement or otherwise other than those specifically stated in this Agreement. This Agreement contains the entire agreement of the Parties in regard to the arrangements between the Parties and supersedes all negotiations, representations, warranties, commitments, offers, contracts and writings prior to the date hereof including, without limitation, the Employment Agreement. No modification or amendment of any provision of this Agreement shall be effective unless made in a written instrument, duly executed by all of the Parties to be bound thereby, which refers specifically to this Agreement and states that an amendment or modification is being made in the respects set forth in such instrument.

assistant: Entire Agreements
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: Owner and Manager each represents and warrants that it is not, and none of its officers, directors, or shareholder (and such shareholder’s trustees and directors, but expressly excluding the shareholders of any indirect owner(s) of Owner if such indirect Owner is a publicly-held REIT or other similar SEC-reporting entity) is, a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Project and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or under any other law, rule, order, or regulation that is enforced or administered by OFAC (such persons and entities each being a “Prohibited Person”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Such Purchaser shall not, and shall cause its Trading Affiliates not to, engage, directly or indirectly, in any transactions in the securities of the Company (including, without limitation, any Short Sales) during the period from the date hereof until such time as (i) the transactions contemplated by this Agreement are first publicly announced as described in Section 4.6, or (ii) this Agreement is terminated in full pursuant to Section 6.15. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser's assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser's assets, the representation set forth above shall apply only with respect to the portion of assets managed by the portfolio manager that have knowledge about the financing transaction contemplated by this Agreement. Each Purchaser understands and acknowledges, severally and not jointly with any other Purchaser, that the Commission currently takes the position that covering a short position established prior to effectiveness of a resale registration statement with shares included in such registration statement would be a violation of Section 5 of the Securities Act, as set forth in Item 65, Section 5 under Section A, of the Manual of Publicly Available Telephone Interpretations, dated July 1997, compiled by the Office of Chief Counsel, Division of Corporation Finance.

assistant: Sales
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 and all notices or elections permitted or required to be made under this Agreement shall be in writing, signed by the parties giving such notice or election and shall be delivered personally, or sent by registered or certified mail, return receipt requested, to the Company and the Indemnitee at their respective addresses shown below.

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: Both of these letters bear defendant’s allegedly infringing Mark. The business solicited in these letters related to Techno’s timely filing of paperwork with the Nevada State Department. Plaintiff does not allege that Techno ever responded to either of these two letters or that defendant and Techno have ever engaged in any course of business. The court declines to accept pla holding that subsection (c)(1) of the Delaware long-arm statute “requires that some act must have actually occurred in Delaware.”). To the contrary, defendant’s website clearly explains that its services are only offered in Nevada and defendant’s president has submitted a sworn declaration alleging that defendant only conducts business in Nevada. Plaintiff has not submitted a F.Supp. 1458, 1467 (D.Del.1991) (<HOLDING>) (citing Moore v. Little Giant Industries, Options: A. holding that one isolated incident of partially weaving into emergency lane does not constitute a traffic violation in tennessee B. holding that under federal common law a common carrier is liable for the full extent of the loss to goods it transports unless the loss was caused by particular exceptional circumstances C. holding that under delawares longarm statute the shipment of goods into delaware by common carrier does not constitute transaction of business especially when the shipment was an isolated incident and no orders resulted from the solicitation D. holding failure to promote was an isolated incident of discrimination which is insufficient to prove a continuing violation E. holding that shipper negligence does not absolve a carrier of liability if damage would not have occurred but for the concurrent fault of the carrier

assistant: The best answer is C. holding that under delawares longarm statute the shipment of goods into delaware by common carrier does not constitute transaction of business especially when the shipment was an isolated incident and no orders resulted from the solicitation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement, and the following terms are used herein as defined in the New York UCC (and if defined in more than one Article of the New York UCC, shall have the meaning given in Article 9 thereof): Accounts, Bank, Certificated Security, Chattel Paper, Commercial Tort Claims, Commodity Accounts, Commodity Intermediary, Documents, Electronic Chattel Paper, Equipment, Fixtures, General Intangibles, Goods, Instruments, Inventory, Letter-of-Credit Rights, Securities Accounts, Securities Entitlement, Supporting Obligations and Uncertificated Security; provided that none of the foregoing New York UCC terms shall be deemed to include Excluded Assets. All references herein to provisions of the Uniform Commercial Code shall include all successor provisions under any subsequent version or amendment to any Article of the Uniform Commercial Code.

assistant: Definitions
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 peremptory strikes. This procedure was followed precisely during the selection process. It is clearly evident from the record that Robinson was tendered jurors: 2, 3, 4, 6, 7, 8, 9,12,13, 14,15, and 18, a total of twelve from which to exercise his peremptory strikes in the first round of jury selection. We see no need to address this issue further, it is without merit. III. THE LOWER COURT ERRED IN REFUSING TO REQUIRE THE STATE TO GIVE NON RACIAL REASONS FOR CHALLENGING JURORS ¶ 8. Robinson maintains that the trial court erred in failing to require the State to provide non racial reasons for the use of peremptory strikes against three jurors. In support of Robinson’s contention, he cites to Edmonson v. Leesville Concrete, Co., 500 U.S. 614, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991) (<HOLDING>) and Powers v. Ohio, 499 U.S. 400, 111 S.Ct. Options: A. holding rule applicable to witness B. holding batson criteria applicable to private litigation in a civil case C. holding that the penalty is applicable D. recognizing that civil rights lawsuits are private only in form E. holding that tennessee rule of civil procedure 24 is not applicable to proceedings in juvenile court

assistant: The best answer is B. holding batson criteria applicable to private litigation in a civil case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: case-by-case appraisal aimed at determining whether a particular sentence, when rendered, could fairly be said to have been based on the guidelines. See, e.g., United States v. Garcia, 606 F.3d 209, 214 (5th Cir.2010) (per curiam); United States v. Franklin, 600 F.3d 893, 896 (7th Cir.2010). One court of appeals, reading the language of section 3582(c)(2) broadly, has held that a district court has authority to reduce a sentence imposed pursuant to a C-type plea agreement. See United States v. Cobb, 584 F.3d 979, 985 (10th Cir.2009). We begin our analysis with the elementary proposition that a court, within wide limits, should interpret a plea agreement according to principles of contract law. United States v. Ortiz-Santiago, 211 F.3d 146, 151 (1st Cir.2000); cf. Teeter, 257 F.3d at 28 (<HOLDING>). Once a defendant knowingly and voluntarily Options: A. recognizing certain limits to this analogy B. recognizing this presumption C. recognizing this method D. recognizing this distinction E. recognizing this rule

assistant: The best answer is A. recognizing certain limits to this analogy
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: wife had called police to get Rudish to leave the property. Rudish then played a recording of Duehr’s voice telling Rudish not to call his house at night. Other evidence in the summary-judgment record showed that Duehr was present at the hearing but did not speak. We find some guidance from the decision in Hardeman, in which a union member was charged with attacking and beating a union business manager. The union member admitted striking the first blow, and the victim’s testimony was fully corroborated by a witness to the altercation. The Supreme Court found that there was “no question that the charges were adequately supported.” Hardeman, 401 U.S. at 247, 91 S.Ct. 609; see also Mayle v. Laborer’s Int’l Union of N. Am., Local 1015, 866 F.2d 144, 145-47 (6th Cir.1988) (per curiam) (<HOLDING>). Unlike in Hardeman, in this case, there was Options: A. holding union members state law claims for defamation against union preempted B. recognizing that the involvement of supervisory union members in union affairs conflicts with the need to assure the complete devotion of union negotiating teams to employee interests C. holding in a case involving not intraunion politics but rather a matter of an employer requiring the union to carry out the penalty provision of a collective bargaining agreement that the statutory term otherwise disciplined is narrowly confined to regulatory actions that affect a union members rights or status as a member of the union that the sanctions imposed were employmentrelated rather than internal union related and that the safeguards in 411a5 were not available for such action D. holding that there was abundant evidence to support the charge against a union member for helping organize a nonaflcio local union of a different name where the union member admitted at the hearing that he contacted local contractors for the purpose of negotiating a collective bargaining agreement for new union and serving as the new unions business manager E. recognizing that union members interests are adequately represented by the union

assistant: The best answer is D. holding that there was abundant evidence to support the charge against a union member for helping organize a nonaflcio local union of a different name where the union member admitted at the hearing that he contacted local contractors for the purpose of negotiating a collective bargaining agreement for new union and serving as the new unions business manager
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 provisions of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns permitted hereby, except that neither the Company nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of Section 12.8.2 [Assignments by Lenders], (ii) by way of participation in accordance with the provisions of Section 12.8.4 [Participations], or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 12.8.6 [Certain Pledges; Successors and Assigns Generally] (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in Section 12.8.4 [Participations] and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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 proceeds of (a) the Closing Date Term Loans, together with the proceeds of any Revolving Loans drawn on the Closing Date and cash on hand, will be used to refinance in full the Existing Credit Agreement and to pay the Transaction Expenses, and (b) any Revolving Loans may be used to replace, backstop or cash collateralize letters of credit on the Closing Date and for general corporate purposes and for any other purpose not prohibited by the Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to Landlord’s rights under Sections 12.2 and 14.2 , if either party shall bring an action to recover any sum due hereunder, or for any breach hereunder, and shall obtain a judgment or decree in its favor, the court may award to such prevailing party its reasonable costs and reasonable attorney’s fees, specifically including reasonable attorney’s fees incurred in connection with any appeals (whether or not taxable as such by law). Landlord shall also be entitled to recover its reasonable attorney’s fees and costs incurred in any bankruptcy action filed by or against Tenant, including, without limitation, those incurred in seeking relief from the automatic stay, in dealing with the assumption or rejection of this Lease, in any adversary proceeding, and in the preparation and filing of any proof of claim.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed to the Administrative Agent and each Lender in accordance with Section 5.02(c) , the Parent’s most recent form 10-K and form 10-Q filed with the SEC describe each action, suit or proceeding pending before any Governmental Authority or arbitration panel, or to the knowledge of the Parent or any Restricted Subsidiary, threatened, (a) involving the Transactions, or (b) against the Parent or any Restricted Subsidiary regarding the business or assets owned or used by the Parent or any Restricted Subsidiary that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: reflecting “only reasonable hours at a market rate.” Before turning to address Eastern’s arguments, we first discuss the legal framework governing awards of attorneys’ fees under the BLBA. We review for abuse of discretion an award of attorneys’ fees made under the BLBA, whether determined by an ALJ or by the BRB. Kerns v. Consol. Coal Co., 176 F.3d 802, 804 (4th Cir.1999). An ALJ and the BRB are afforded wide latitude in crafting an appropriate award of attorneys’ fees because they are much better situated than an appellate court to make this determination in the first instance. See Westmoreland Coal Co. v. Cox, 602 F.3d 276, 288 (4th Cir.2010) (noting the broad discretion afforded an ALJ in calculating a fee award); Zeigler Coal Co. v. Dir., OWCP, 326 F.3d 894, 902 (7th Cir.2003) (<HOLDING>) (citation omitted). We apply the same Options: A. recognizing that time to consider reasonableness of plaintiffs position is at time of initiation of litigation B. holding that the final determination of witness credibility and the weight to be accorded evidence is reserved to the appellate panel and it is not the task of an appellate court to weigh the evidence as found by the appellate panel C. recognizing that appellate court is in same position as trial court to assess evidence when all of the proof is contained in the record by deposition D. holding that applications for attorneys fees must state in detail time spent and the nature of each discrete task before the court can assess the reasonableness of the fees E. recognizing that an alj is in a much better position than the appellate court to determine the reasonableness of time spent by a lawyer on a particular task in the course of litigation

assistant: The best answer is E. recognizing that an alj is in a much better position than the appellate court to determine the reasonableness of time spent by a lawyer on a particular task in the course of litigation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we consider a number of factors, including the force of the unfairly prejudicial evidence, whether that force was mitigated by curative instructions, and the weight of the admissible evidence that supports the verdict. See United States v. Eccleston, 961 F.2d 955, 959-60 (D.C.Cir.1992). In this case, the analysis of those factors is straightforward. First, there was nothing unfairly prejudicial, per se, about the investigator’s testimony that he had recovered ammunition from McLendon’s room. See United States v. Gloster, 185 F.3d 910, 914 (D.C.Cir.1999) (noting that “Rule 403 focuses not on prejudice but on the danger of unfair prejudice”) (internal quotation marks omitted); cf. Bank of Nova Scotia v. United States, 487 U.S. 250, 255-56, 108 S.Ct. 2369, 101 L.Ed.2d 228 (1988) (<HOLDING>). As the district court acknowledged, this Options: A. holding that the interests preserved by the doctrine of harmless error cannot be lightly and casually ig nored in order to chastise what court viewed as prosecutorial overreaching B. holding that bcmr decisions are subject to judicial review by federal courts and can be set aside if they are arbitrary capricious or not based on substantial evidence quoting chappell v wallace 462 us 296 303 103 sct 2362 76 led2d 586 1983 alterations in original C. holding that a court may not disregard the doctrine of harmless error simply in order to chastise what the court views as prosecutorial overreaching quoting united states v hasting 461 us 499 507 103 sct 1974 76 led2d 96 1983 D. holding that an attorneys fee award must be reasonable in relation to the success achieved quoting hensley v eckerhart 461 us 424 436 103 sct 1933 76 led2d 40 1983 E. holding that in order to present a federal question a right or immunity created by the constitution or laws of the united states must be an element and an essential one of the plaintiffs cause of action quoting franchise tax bd v constr laborers vacation trust 463 us 1 1011 103 sct 2841 77 led2d 420 1983

assistant: The best answer is C. holding that a court may not disregard the doctrine of harmless error simply in order to chastise what the court views as prosecutorial overreaching quoting united states v hasting 461 us 499 507 103 sct 1974 76 led2d 96 1983
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of November 28, 2018, the authorized capital stock of the Company consists of 249,000,000 shares of Common Stock, of which approximately 17,232,097 shares of Common Stock are issued and outstanding, and 1,000,000 shares of preferred stock authorized of which 0 shares of preferred stock are issued and outstanding. Except as disclosed in the SEC Documents, no shares are reserved for issuance pursuant to the Company’s stock option plans, no shares are reserved for issuance pursuant to securities (other than the Note) exercisable for, or convertible into or exchangeable for shares of Common Stock and immediately upon the Company increasing its authorized shares of capital stock 75,000,000 shares of Common Stock shall be reserved for issuance upon conversion of the Note (the “Initial Reserve Amount”). All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. No shares of capital stock of the Company are subject to preemptive rights or any other similar rights of the shareholders of the Company or any liens or encumbrances imposed through the actions or failure to act of the Company. Except as disclosed in the SEC Documents, as of the effective date of this Agreement, (i) there are no outstanding options, warrants, scrip, rights to subscribe for, puts, calls, rights of first refusal, agreements, understandings, claims or other commitments or rights of any character whatsoever relating to, or securities or rights convertible into or exchangeable for any shares of capital stock of the Company or any of its Subsidiaries, or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries, (ii) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of its or their securities under the 1933 Act and (iii) there are no anti-dilution or price adjustment provisions contained in any security issued by the Company (or in any agreement providing rights to security holders) that will be triggered by the issuance of the Note or the Conversion Shares. The Company has filed in its SEC Documents true and correct copies of the Company’s Certificate of Incorporation as in effect on the date hereof (“Certificate of Incorporation”), the Company’s By-laws, as in effect on the date hereof (the “By- laws”), and the terms of all securities convertible into or exercisable for Common Stock of the Company and the material rights of the holders thereof in respect thereto. The Company shall provide the Buyer with a written update of this representation signed by the Company’s Chief Executive on behalf of the Company as of the Closing Date.

assistant: Capitalization