TASK DEFINITION: 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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: first time a party must specify the statute authorizing attorney’s fees is in the Rule 54 motion (unless otherwise provided by statute or court order). In Missouri, attorney’s fees are not recoverable from another party, except when a contract or statute allows it. Essex Contracting, Inc. v. Jefferson County, 277 S.W.3d 647, 657 (Mo. banc 2009). The second sentence of the Missouri commissions statute is such an exception to the general Missouri rule. Kraft v. Edwards, 946 S.W.2d 775, 776 (Mo.App.1997). The district judge’s ruling that there was no statutory basis for an award of attorney’s fees is erroneous as a matter of law. On remand, the district court should consider whether to award attorney’s fees. See Chem-Trend, Inc. v. Newport Indus., Inc., 279 F.3d 625, 631 (8th Cir.2002) (<HOLDING>). Because this case as tried addressed only 
 Holding statements: (A) recognizing discretion of district court in determining a fee award (B) holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained (C) recognizing district courts discretion to consider pending state charge in determining sentence (D) recognizing court discretion in determining reasonable fee under rule 11 (E) holding that attorneys fee award in a common fund case must be  reasonable under the circumstances

SOLUTION: holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained

PROBLEM: factors to the State’s requested accommodation. The use of two-way video conferencing can satisfy a defendant’s right to face-to-face confrontation in certain limited circumstances like those present here. ¶ 20 Applying Craig, we conclude that the strong preference for face-to-face confrontation must give way in the special circumstances of this ease to considerations of public policy and the necessities of the case. The State’s requested accommodation is necessary to further two important public policies: protecting the rights of a vulnerable alleged sexual assault victim who has been ruled to be outside Arizona’s subpoena power and preserving society’s interest in prosecuting accused sexual offenders. See Michigan v. Lucas, 500 U.S. 145, 149-50, 111 S.Ct. 1743, 114 L.Ed.2d 205 (1991) (<HOLDING>); United States v. Knights, 534 U.S. 112, 121, 
 Holding statements: (A) holding that the trial court properly refused to permit the defendant to question the nineyearold victim as to whether he had been sexually abused in the past because indianas rape shield statute shields the victim of a sex crime from a general inquiry into the history of past sexual conduct (B) recognizing michigans rape shield law furthers the legitimate state interests of protecting a sexual assault victim from surprise harassment and unnecessary invasions of privacy (C) holding that a prosecutors questions eliciting testimony from a victim as to issue of virginity prior to the assault did not violate colorados rape shield statute because that statute does not specifically prohibit a victim from testifying as to a lack of prior sexual activity id at 1020 (D) holding that application of the rape shield law to a case in which the underlying events occurred prior to the enactment of the rape shield law was not a violation of the constitutional prohibition against ex post facto laws (E) holding that a public indecency statute furthers a substantial government interest in protecting order and morality

SOLUTION: holding that the trial court properly refused to permit the defendant to question the nineyearold victim as to whether he had been sexually abused in the past because indianas rape shield statute shields the victim of a sex crime from a general inquiry into the history of past sexual conduct

PROBLEM: added), while § 2702(a)(4) states, "[a] person is guilty of aggravated assault if he: (4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon.” IcL., (emphasis added). 8 . A review of the certified record before us reveals appellant failed to file a pretrial motion to quash the information wherein he avers he was charged improperly with § 2702(a)(1) of the Crimes Code. Accordingly, this issue is arguably waived due to appellant's failure to raise the challenge at his first opportunity in a pretrial motion to quash. Compare Pa.R.Crim.P. 578, Omnibus Pretrial Motion for Relief, with Commonwealth v. Parmar, 448 Pa.Super. 470, 672 A.2d 314 (1996), appeal granted, 546 Pa. 640, 683 A.2d 879 (1996), affirmed, 551 Pa. 318, 710 A.2d 1083 (1998) (<HOLDING>). We have elected to address the merit of 
 Holding statements: (A) recognizing that the appellants claim on appeal had been abandoned because although his motion for a coa  briefly asserted the claim he did not brief the issue (B) holding that an appellant has no standing to raise a due process issue where he has not shown that the alleged deficiency in the notice had any connection in fact with his own failure to seek review of the denial of his claim (C) holding that the defendant waived an argument by failing to raise it in his appellants brief (D) holding that while an appellants claim he was charged with the wrong crime may be waived due to his failure to properly preserve the issue by filing a pretrial motion to quash the waiver doctrine will not be applied where the statutes in question do not irreconcilably conflict on their face (E) holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court

SOLUTION:
recognizing that the appellants claim on appeal had been abandoned because although his motion for a coa  briefly asserted the claim he did not brief the issue