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. 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.
PROBLEM: positions, the defendants did not, and have not, filed a motion to withdraw the reference. Accordingly, this court finds that any right to a jury trial is waived. Stainer v. Latimer (In re Latimer), 918 F.2d 136 (10th Cir.1990), cert. denied, 502 U.S. 863, 112 S.Ct. 186, 116 L.Ed.2d 147 (1991) (court finding a defendant’s request for a jury trial was properly denied where defendants never requested withdrawal of the reference); See In re Chemetco, Inc., 308 B.R. 339 (Bankr.S.D.Ill.2004) (distinguishing Latimer because in Latimer no motion was ever filed, but in Chemetco, the court had discretion on timeliness issue when motion to withdraw reference was filed only seven days after the jury demand); Consolidated Industries Corp. v. Welbilt Holding Co., 254 B.R. 237, 241 (N.D.Ind.2000) (<HOLDING>). 28 U.S.C. § 157 requires that a party file a 
 Holding statements: (A) recognizing the right to waive a jury trial (B) holding that the trial court abused its discretion in not allowing defendant to withdraw his waiver of jury trial where a lengthy continuance already had been granted (C) holding that a trial courts refusal to withdraw a jury waiver ordinarily does not implicate the federal constitutional right to a jury trial (D) holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver (E) holding with or without a local rule so requiring failure to file motion to withdraw the reference when jury demanded was a waiver of right to jury trial

SOLUTION: (E)

PROBLEM: arrest for a misdemeanor is permitted only when one of the statutory exceptions is met. See Tenn.Code Ann. § 55-10-207© (2008). 5 . "According to one study, approximately 30% of police shootings occurred when a 0 (8th Cir. 2008) (finding that the duration of the stop was unreasonably extended where the officer admitted that, for thirteen minutes of the sixteen minute stop, he asked the defendant questions that were unrelated to the traffic violation); Loper v. State, 8 A.3d 1169, 1172— 73 (Del.2010) (concluding that the stop, during which the officer asked the defendant for identification and ran a background check, “did not exceed the permissible scope of a routine traffic stop”); Bucalo v. Commonwealth, No. 2010-CA-000176-MR, 2012 WL 246245, at *5-7 (Ky.Ct.App. Jan. 27, 2012) (<HOLDING>); State v. Mason, 173 Md.App. 414, 919 A.2d 
 Holding statements: (A) holding that a traffic stop which lasted 105 minutes from the time of the initial stop until the defendant was arrested on drugrelated charges was unreasonable because the officers lacked reasonable suspicion to prolong the stop for purposes of conducting a drug dog sniff because there was insufficient evidence that the defendant was engaged in drugrelated activity (B) holding circumstances supporting reasonable suspicion to make a stop included that the defendant was on a comer on which recent multiple drugrelated arrests had been made (C) holding that reasonable suspicion is required to prolong a traffic stop after the purpose for which the investigatory stop was instituted has been accomplished (D) holding that an officer does not need reasonable articulable suspicion of drugrelated criminal activity prior to subjecting defendants car to a dog sniff subsequent to a lawful traffic stop (E) holding duration of stop was reasonable as it lasted under thirty minutes

SOLUTION: (A)

PROBLEM: The existence of an attorney-client relationship and privilege is not dependent on the client himself paying the attorney. The relationship and the privilege may exist even though the attorney's fees are paid by a third party. Dole v. Milonas, 889 F.2d 885, 888 n. 5 (9th Cir.1989); United States v. Edwards, 39 F.Supp.2d 716, 722 (M.D.La.1999). 7 . Most of the reported cases addressing the issue are discussed and analyzed in I. Labovitz and Wm. Labovitz, Attorney Client Privilege in Individual Bankruptcy Cases: An Emerging Qxymoron, 104 COM. L.J. 301 (1999); see also, Miller, 247 B.R. at 709. 8 . Courts have cited the Eighth Circuit's opinion in Citibank, N.A. v. Andros, 666 F.2d 1192 (8th Cir.1981) to support both sides of the debate. See In re Smith, 24 B.R. 3, 4 (Bankr.S.D.Fla.1982) (<HOLDING>); In re Silvio De Lindegg Ocean Dev. of 
 Holding statements: (A) holding that the attorneyclient privilege always passes to the trustee even if the debtor is an individual (B) holding that an appurtenant easement is an incident of the estate granted and passes with it (C) holding that the debtor in possession could utilize the strongarm powers of the trustee to avoid an unperfected security interest even though the debtor knew of the interest prior to bankruptcy because the two are distinct entities and the debtor in possessions responsibility is to preserve the estates assets for the benefit of the creditors (D) holding that where individual held title to property as trustee but gave mortgage to bank in her individual capacity a title reference on the mortgage to the deed into her as trustee provided constructive notice that the mortgage was supposed to be from the individual as trustee or at the least that the holder of a subsequent interest would not be a bona fide purchaser (E) holding that wjhile the administrator has a right of possession until the estate is settled    the property passes to the heirs

SOLUTION:
(A)