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.
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Question: susceptible to many meanings. Although there is no direct statement that Mooney failed to perform his duties with regard to assisting his clients with their investments, this is the clear import of the specific language used. “Only knew” clearly implies that Mooney knew nothing about anything else. What was implied in that statement is made express in the next — “didn’t know anything about investments.” “Hated helping clients” also unambiguously indicates that Mooney was not interested in executing his duties to his clients. These statements embody a “pejorative implication” that a reasonable listener would perceive “as an assertion that the [plaintiff] failed to perform his duties as an advisor.” Mehta v. Ohio Univ., 958 N.E.2d 598, 609 (Ohio Ct.App.2011); see Scott, 496 N.E.2d at 707 (<HOLDING>). The statement “invested her in all of the 
 Holding statements: (A) holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement (B) holding that where the appellant remained at the scene rendered aid and gave his name to the police the evidence was insufficient to convict him under section 3742 even though the appellant initially lied about his involvement in the accident (C) holding no error in rejecting the appellants proffered instruction even though that statement was based on language from case law when the amci instruction was a proper statement of the law (D) holding that though there was no express statement that the appellant had committed perjury the clear impact of the specific language in nine sentences was that the appellant lied while under oath which weighed in favor of an actionable statement (E) holding that hearing officer had no obligation under 38 cfr  3103c2 to advise appellant as to physicians statement because that statement would not have helped prove the claim  that is that statement would not have provided a nexus with the veterans service

Answer: holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement


Question: rule is limited to questions that seek evidence about the informant’s police sanctioned conduct in apprehending a suspect, then the informant’s claim of privilege under such circumstances would be spurious. In this context he is immune from prosecution. We believe that this is the correct limitation because Norman is premised on a line of cases holding that state agents are not accomplices to illegal conduct of which they are charged to discover. Norman quotes Ex parte Turner, 545 S.W.2d 470 (Tex.Cr.App.1977) for the proposition that the law is well settled that if an informant is acting as a state agent, then the informant’s claim of privilege under the Fifth Amendment is spurious. Id. at 344. In turn, Turner, supra, is premised upon Woodward v. State, 490 S.W.2d 850 (Tex.Cr.App.1973) (<HOLDING>). See also, Vela v. State, 373 S.W.2d 505 
 Holding statements: (A) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (B) holding that an undercover agent is not an accomplice as long as the agent does not bring about the crime but merely obtains evidence to be used against those engaged in crime (C) holding that expert testimony of irs agent regarding tax liability did not usurp the function of the jury as agent did not give her opinion about the guilt of the defendant (D) holding that a private citizen acting as undercover agent is not an accomplice witness so long as he does not bring about the crime (E) holding that the employer was not the insurers agent

Answer: holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred


Question: that a shareholder who has made a prior demand on the board may not assert thereafter as a grounds for the boards wrongful refusal of the demand that the board lacks independence or is motivated by self interest. Relying on this courts decision in Flocco, supra, appellees contend that it is improper for a shareholder to “bifurcate” his claim in this manner. In Flocco, this court held that a shareholder, who had grounded his derivative action on demand futility, had by making a demand on the corporate defendants after the trial court entered its order dismissing the complaint, waived his claim of demand futility and conceded the independence of a majority of the boards directors. 752 A.2d at 153. In Flocco, under choice of law principles, this court applied Illinois law. 752 A.2d at 151 (<HOLDING>). Again, applying Illinois law, this court 
 Holding statements: (A) holding state of the law must be determined at time of challenged action (B) holding that the law of the state of incorporation applies (C) holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made (D) holding that the viability of the derivative action is determined by law of illinois the state of incorporation (E) holding that under illinois law interpreting the meaning of a contract is a question of law determined by the court

Answer:
holding state of the law must be determined at time of challenged action