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 key elements required to satisfy the discovery rule are injury (we use “damage” interchangeably with “injury”) and fault. Legally-cognizable damages occur when a plaintiff detrimentally relies on the negligent advice of an attorney. Mant, supra, 189 N.J.Super. at 374, 460 A.2d 172. Actual damages are those that are real and substantial as opposed to speculative. See Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 241, 57 S.Ct. 461, 464, 81 L.Ed. 617, 621 (1937). In the legal-malpractice context, actual damages may exist in the form of an adverse judgment. Mant, supra, 189 N.J.Super. at 373, 460 A.2d 172. However, a client may suffer damages, in the form of attorney’s fees, before a court has announced its decision in the underlying action. See, e.g., Knight, supra, 553 A.2d at 1235 (<HOLDING>); Mant, supra, 189 N.J.Super. at 374, 460 A.2d 
 Holding statements: (A) holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on appeal (B) holding that debtors have no right to jury trial on malpractice claims against their attorneys (C) holding that although attorneys fees are usually not recoverable unless permitted by statute or contract contractual or statutory authorization was not necessary in a malpractice claim to recover attorneys fees and costs as damages (D) holding that statute of limitations for malpractice begins to run when plaintiff knows or has reason to know of the alleged malpractice (E) holding that attorneys fees and costs expended as a result of an attorneys alleged malpractice constitute legallycognizable damages for purposes of stating a claim for such malpractice

Answer: (E)


Question: voters of the political subdivision or subdivisions whose combined territory composes the territory of a district shall be qualified voters of the district. The nomination and election shall be by separate nonpartisan ballot. The term of each member of the board thus elected shall be six years and until his successor is elected and qualified. (Emphasis added.) No definition of a “qualified voter” is provided in SDCL Chapter 49-36. Thus, we must turn to the definition of “voter” as provided under SDCL Title 12, and the South Dakota Constitution as to what qualifies a person as a “voter” within the meaning of Chapter 49-36. See SDCL 12-1-1. [¶44.] Our state affords great protection to a citizen’s voting franchise. SD Const, art. 6, § 19; Duffy v. Mortenson, 497 N.W.2d 437, 439 (S.D.1993) (<HOLDING>). A court must strictly adhere to the 
 Holding statements: (A) holding that a fair referendum assuring the equal right to vote under  101a1 includes the right of members to have the vote scheduled at a time when they can exercise their vote and the right to be free from intimidation or fear of reprisal (B) holding constitutional a tax on a private citizens interest in housing on government property received as part of the private citizens compensation (C) holding it is not the policy of the state of south dakota to disenfranchise its citizens of their constitutional right to vote (D) recognizing that state agencies which are independent of the state are citizens of the state (E) holding that the right to vote is fundamental

Answer: (C)


Question: dissent below, Judge Morgan discusses Babcock v. State, 116 Wn.2d 596, 809 P.2d 143 (1991). There, several young girls were placed in foster care with a man who sexually abused them. It was alleged the abuse would not have occurred had the State conducted a proper investigation. Id. at 604-06. In Yonker an ex-wife complained to DSHS that she suspected child abuse and DSHS took no action. Yonker v. Dep’t of Soc. & Health Servs., 85 Wn. App. 71, 72-73, 930 P.2d 958 (1997). In both cases the injury was not placement, but what happened as a consequence of negligent investigations. Also in Rodriguez the Court of Appeals was concerned with negligent investigation methods and intimidation of children alleged to have been abused. Rodriguez v. Perez, 99 Wn. App. 439, 441-42, 994 P.2d 874 (2000) (<HOLDING>). The court in Rodriguez recognized what we 
 Holding statements: (A) holding law enforcement owed duty similar to that owed by dshs under rcw 2644050 (B) holding that deference is owed to state agencys interpretation of state law (C) holding that broker owed no fiduciary duty to client as a matter of law (D) holding that a psychiatrist owed a duty to a person foreseeably injured by his patient (E) recognizing duty of care owed by business invitor to invitee

Answer:
(A)