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: purposes of nonclient standing] is a question of fact.”). Neither party argues that Mark and Marie share some type of legally recognizable confidential relationship, and Marie offered no evidence to the district court that Mark acquired any privileged, confidential information from Marie. In Brown, this court concluded that “disqualification is not warranted absent proof of a reasonable probability that counsel actually acquired privileged, confidential information.” 116 Nev. at 1202, 14 P.3d at 1267 (emphasis added). Similarly, in the context of familial relationships, other courts have declined to disqualify counsel absent proof that counsel actually acquired confidential information from a family member. See, e.g., Addam v. Superior Court, 10 Cal. Rptr. 3d 39, 42 (Ct. App. 2004) (<HOLDING>); DCH Health Services, 115 Cal. Rptr. 2d at 
 Holding statements: (A) holding in a marital dissolution action that a sibling relationship between a husbands attorney and a wifes former physician was insufficient to disqualify the attorney and explaining that the attorneys brother presumably possesses confidential information relating to the wife but there is no evidence that he disclosed any such information to his sister (B) holding that presumption of access to and knowledge of confidential information between attorney and former client notwithstanding attorneys declarations to the contrary may not be rebutted (C) holding that in order to determine whether disqualification of plaintiffs attorney is appropriate because of a previous attorneyclient relationship he had with the defendant the court must determine whether confidential information was passed from client to attorney (D) holding that a wife is not liable simply by virtue of the marital relationship for her husbands fraudulent acts (E) holding that a corporate insider must abstain from trading in shares of his own corporation unless he has first disclosed the material information known to him not because of the relationship between the buyer and seller but because of the relationship of trust and confidence between the shareholders and the insider who obtained the confidential information by reason of his position with that corporation that relationship gives rise to a duty to disclose because of the need to prevent the insider from taking unfair advantage of the uninformed minority stockholders

Answer: (A)


Question: judgment of the district court denying his petition for a writ of habeas corpus. We assume the parties’ familiarity with the fac appealability on ineffective assistance of counsel, the “cause” Hernandez assigns for his procedural default, suggests that it intended to allow review of the procedural bar. However, even assuming that the district court wished this court to review its procedural bar finding or that we would grant a certificate of appealability on this issue, the correctness of the district court’s central holding — that there was no error, constitutional or otherwise — in the state trial court’s charge on intent is dispositive. The test for finding charge-based constitutional error is a strict one. See Cupp v. Naughten, 414 U.S. 141, 146, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973) (<HOLDING>). We see no basis for finding a Fourteenth 
 Holding statements: (A) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error (B) holding that a trial court does not commit plain error unless the error is clear under current law (C) holding that any error was harmless and thus not plain error (D) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (E) holding that when defendant properly objects to charge error reversal required unless error was harmless

Answer: (D)


Question: Homes, Inc., 518 So.2d 922, 923 (Fla. 2d DCA 1987) (excessive rain); Camacho Enters., Inc. v. Better Constr., Inc., 343 So.2d 1296, 1297 (Fla. 3d DCA 1977) (heart attack). The court then concluded that the force majeure clause rendered Paradigm’s obligation illusory under the Disclosure Act because the clause excuses delays that would “not qualify under Florida’s impossibility of performance principles.” Neither the district court nor the Steins have explained why the standard of legal impossibility should be the measure of obligation under the § 1702(a)(2) exemption — why any force majeure clause that extends beyond legal impossibility renders a contract non-exempt. This force majeure clause covers events that may or may not happen, but whether they do , 1333 (Fla. 3d DCA 1985) (<HOLDING>). Nor does the clause make the two-year duty 
 Holding statements: (A) recognizing the fundamental principle of contract law and florida law that an obligation is illusory when it appears on its face to be so insubstantial as to impose no obligation at all (B) holding party in breach could not maintain suit for breach of contract (C) holding that there must be a tort distinguishable from or independent of the breach of contract in order for a party to bring a valid claim in tort based on a breach in a contractual relationship (D) holding government could be liable for breach of a contractual obligation to purchase insurance for plaintiff (E) recognizing that a contractual provision renders an obligation illusory when it allows a party to breach with impunity

Answer:
(E)