In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: those same arguments. Like the majority of the appellate panel that first reviewed this appeal, we are not persuaded to substitute our judgment for that of the trial court on this evidential ruling. It was for the trial court to assess defendant’s prior conviction’s probative value in light of its remoteness, and we cannot say that the trial court erred in that judgment. The question is not whether we would have made a different determination in the first instance. Rather, we apply the normal, deferential standard and conclude that the trial court did not abuse its discretion when it permitted the use of the prior conviction for impeachment purposes. The conviction was not stale by the standard in use for assessing remoteness. See Harris, supra, 209 N.J. at 436, 444-45, 38 A.3d 559 (<HOLDING>). And, we cannot say that the trial court’s 
 Holding statements: (A) holding that prior drug convictions that were four ten and eleven years old were not so remote from the charged drug offenses as to render them inadmissible (B) holding two prior convictions more than ten years old admissible where disorderlypersons offenses bridged the gap (C) holding that state may charge separately for the same offense but the convictions for more than one of the offenses cannot stand (D) holding that evidence of two intervening felony convictions removed taint of remoteness from convictions more than 10 years prior permitting analysis under rule 609a (E) holding that prior distribution and possession convictions that were eight and ten years before the charged conduct occurred were not too remote

Answer: (B)


Question: so restricted. Rather, ... the doctrine is an intensely practical one, grounded in the realities of litigation in our adversary system. One of those realities is that attorneys often must rely on the assistance of investigators and other agents in the compilation of materials in preparation for trial. It is therefore necessary that the doctrine protect materials prepared by agents for the attorney as well as those prepared by the attorney himself. Id. at 238-39, 95 S.Ct. 2170. Accordingly, federal courts have consistently ruled that the work product doctrine is not inapplicable merely because the material was prepared by or for a party’s insurer or agents of the insurer. See Railroad Salvage of Conn. Inc. v. Japan Freight Consolidators (U.S.A.), Inc., 97 F.R.D. 37, 41 (E.D.N.Y.1983) (<HOLDING>), aff'd, 779 F.2d 38 (2d Cir.1985); Home Ins. 
 Holding statements: (A) holding that correspondence between defendant and its liability carriers was protected (B) holding that the prohibition of inmatetoinmate correspondence was not an unconstitutional infringement of prisoners first amendment rights (C) recognizing correspondence appeared to establish a settlement relationship between the parties given the letters presented an attempt to curb further litigation (D) recognizing first amendment and fourteenth amendment interests in inmate correspondence (E) holding that a sixmonth gap between the protected activity and the employees termination was insufficient to infer that the protected activity was a contributing factor

Answer: (A)


Question: to and from Atasca and Bowman by requesting information from that time period in its interrogatory. Further, the dates of insolvency were established by El Paso’s partial motion for summary judgment. Legally, El Paso’s complaint about the time period would shift the burden to Bowman to prove an element of El Paso's claim. Rather, it is El Paso's burden to prove that Atasca did not receive reasonably equivalent value. See In re Pace, 456 B.R. at 270; see also Mladenka, 130 S.W.3d at 405. Perhaps El Paso will disprove Bowman's self-serving testimony with additional financial records, or a fact finder may disbelieve him and find actual fraud. See Phillips v. B.R. Brick and Masonry, Inc., No. 01-09-00311-CV, 2010 WL 3564820, at *5-6 (Tex.App.-Houston [1st Dist.] Sept. 10, 2010) (mem. op.) (<HOLDING>). But with the summary judgment evidence 
 Holding statements: (A) holding that although there was evidence the defendant transferred or caused to be transferred more money to the debtor than the debtor transferred to the defendant there was legally sufficient evidence to support the jurys finding of actual fraud under section 24005a1 and b because the badges of fraud showed the debtors intent to hinder delay or defraud creditors (B) holding that debtors depositing of funds into spouses separate account did not establish actual intent to hinder delay or defraud creditors for purposes of denial of discharge under chapter 7 (C) holding that actual intent to defraud is not necessary to finding of constructive fraud (D) holding that the statute requires actual intent to hinder delay or defraud creditors or the trustee constructive intent to defraud does not suffice (E) holding that debtor cannot take advantage of  522f after debtor has transferred his exempt property

Answer:
(A)