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: the district court would have been de facto granting a continuance by declaring a mistrial and summoning new jurors. We decline here to find that the district court abused its discretion in denying a mistrial when the defendant’s own misconduct caused the alleged impartiality of the jurors and the court took reasonable steps to ensure the jurors could serve impartially. Williams v. Woodford, 306 F.3d 665, 723-24 (9th Cir.2002) (“The Sixth Amendment affords no relief when the defendant’s own misconduct caused the alleged juror partiality and the trial judge employed reasonable means under the circumstances to preserve the trial’s fairness”) (citing United States v. Hernandez, 952 F.2d 1110, 1116-18 (9th Cir.1991)). See also United States v. Harris, 2 F.3d 1452, 1456 (7th Cir.1993) (<HOLDING>). Because the district court afforded the 
 Holding statements: (A) holding that law will not permit insured to profit from his own breach of contract when insured disregarded his contractual obligation to cooperate with insurer (B) holding that a bank officer who obtained for his own benefit a profit participation in a real estate venture in exchange for loaning bank money misappropriated a corporate asset (C) holding that a defendant should not profit from his own outburst (D) recognizing in context of fraudulent nondisclosure cases that a defendant may reasonably expect the plaintiff to make his own investigation draw his own conclusions and protect himself (E) holding that outofstate plaintiff had procured his own absence at trial of his case where record contained no intimation that his absence resulted from any reason other than his own volition

Answer: (C)


Question: 2001) (describing the denial of a jury trial as a structural defect requiring automatic reversal). Similarly, every Florida district court of appeal has issued a decision reversing a conviction obtained without a valid waiver of a jury trial. See, e.g., Montero v. State, 780 So.2d 917, 917 (Fla. 2d DCA 2000) (reversing the defendant’s conviction because the record failed to show that the defendant validly waived his right to a jury trial); Hyler v. State, 732 So.2d 1208, 1209 (Fla. 4th DCA 1999) (concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to a jury trial); Gamble v. State, 696 So.2d 420, 420 (Fla. 5th DCA 1997) (<HOLDING>); Sansom v. State, 642 So.2d 631, 631 (Fla. 1st 
 Holding statements: (A) holding that a failure to inform the defendant of the minimum possible sentence meant that the defendant did not fully understand the consequences of his plea and his rights were therefore automatically substantially affected (B) holding that the failure to inform the defendant of his right to a sixperson jury and the failure to consult the defendant as to his wishes was an error for which a new trial was the only remedy (C) holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error (D) holding that failure to inform the defendant of the constitutionally mandated right to a sixperson jury when one juror became ill after the jury had been sworn but before trial had begun and the defendants attorney waived his rights without consulting defendant mandates a new trial (E) holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence

Answer: (B)


Question: to a hypothetical knowledgeable buyer, which should be factored into the discount, include (1) that the family had experienced prior disagreement which precipitated the creation of the trust; and (2) that one family member had been allowed to independently manage the 16 parcels and that his management was poor. The Tax Court stated that these circumstances, that would have been perceived by a willing buyer, indicate that the remaining family members would be resistant to and make it difficult for an outside buyer. If these facts were available to a knowledgeable buyer, it is obvious th ing ownership of apartments “was not a sufficient basis for issuance of the notice [of deficiency], in light of the opportunity for further, and much needed, investigation”); Nicholson, 60 F.3d at 1029 (<HOLDING>). The IRS cannot merely rely on an expert’s 
 Holding statements: (A) holding that irs could have discovered that its position was not justified had it adequately investigated the case before issuing the notice of deficiency (B) holding that former sec 272f does not require that the commissioner wait until the period for filing a petition as to a deficiency notice expires before issuing another deficiency notice as to the same taxable year (C) holding that a second deficiency notice issued for a taxable year was valid where it determined a deficiency in a different type of tax than did the earlier deficiency notice (D) holding that a notice of tax deficiency sent to a taxpayer by the irs need not be signed in order to be valid (E) holding that where notice of deficiency fails adequately to describe the basis on which the commissioner relies for his deficiency determination burden shifts to the commissioner to prove the accuracy of the deficiency determination

Answer:
(A)