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: pre-estimate may in fact operate as a penalty and become unenforceable is shown by the fact that even though the sum fixed as compensation for each day’s delay ... is held to be a reasonable provision for liquidated damages and to be enforceable, no court will permit it to go on operating forever. 11 Corbin on Contracts, supra, § 58:21 at 523. That treatise then observes that there is “some lack of uniformity in the method of determining this time limit.” Id. In general, there are two rules that courts have applied to this predicament. Some courts have held that a liquidated damages clause is inapplicable when a contractor has completely abandoned a project. See, e.g., City of Elmira v. Larry Walter, Inc., 76 N.Y.2d 912, 563 N.Y.S.2d 45, 564 N.E.2d 655, 656 (1990) (per curiam) (<HOLDING>). Others have held that, when a contractor has 
 Holding statements: (A) holding that prejudgment interest should not be added to damages awarded for misrepresentation because the amount of damages were not liquidated or ascertainable before the verdict (B) holding that language of contract did not limit plaintiffs recovery to liquidated damages (C) holding that liquidated damages under the adea are intended to punish and deter while contrasting them to the legislative purpose of liquidated damages under the fsla (D) holding that because liquidated damages under the adea are punitive in nature a jurys award of state punitive damages and adea liquidated damages constitutes a double recovery and therefore reducing the total recovery by the amount of the liquidated damages award (E) holding that in the absence of clear and unambiguous language indicating that liquidated damages clause was intended to apply to contractors outright abandonment of the project no such damages should be awarded

Answer: (E)


Question: filed, is the verdict, and a showing that the writing is incorrect is not an impeachment of the verdict itself.” (punctuation omitted)). 19 See former OCGA § 17-9-41 (“The affidavits of jurors may be taken to sustain but not to impeach their verdict.”); Fulton County v. Phillips, 91 Ga. 65, 65 (16 SE 260) (1892) (syllabus by the court) (“According to repeated rulings of this court, the affidavits of jurors may be taken to sustain, but not to impeach, their verdict.”); see also former OCGA § 9-10-9 (providing the same rule in civil procedure). 20 See generally OCGA § 24-1-2 (e) (“Except as modified by statute, the common law as expounded b tate, 323 Ga. App. 15, 17 (2) (747 SE2d 99) (2013). 34 Freeman, 264 Ga. at 278; see Wade v. State, 261 Ga. 105, 107-08 (6) (401 SE2d 701) (1991) (<HOLDING>); see also Ingram v. State, 290 Ga. 500, 503 
 Holding statements: (A) holding that trial court did not err (B) holding that trial court did not err in declining to accept jurys first verdict when form stated that the jury found the defendant undecided and trial courts interpretation of the verdict form to mean that the jury was either not unanimous or had not decided yet whether defendant was guilty or not guilty was reasonable and thus trial court properly instructed jury to continue deliberating (C) holding that where defense counsel made a timely objection and it was overruled by the trial court a further request for a mistrial was unnecessary and futile since the reasons for the objection were apparent and the trial courts denial of the objection indicated its belief the jury could properly hear the matter which was the subject of the objection (D) holding that upon objection to the form of the verdict trial court did not err in returning jury for further deliberations (E) holding that a district court did not err by submitting a special verdict form to the jury this particular verdict form did not specify a standard of proof

Answer: (D)


Question: presumption as he would before the Office of Unemployment Compensation. Raphael v. Okyiri, 740 A.2d 935, 945-46 (D.C.1999); see Jadallah v. District of Columbia Dept. of Emp’t Servs., 476 A.2d 671, 675 (D.C.1984) (“Not every act for which an employee may be dismissed from work will provide a basis for disqualification from unemployment compensation benefits because of misconduct.”). Moreover, in terms of incentives, while an employer faces merely a potential increase in its contribution to the unemployment compensation fund before the Office of Unemployment Compensation, see Morris, supra, 975 A.2d at 182 n. 5, an employer faces a potential reinstatement and back pay order before the OEA should the employee prevail. District of Columbia v. Thompson, 593 A.2d 621, 635 & n. 25 (D.C.1991) (<HOLDING>). These differences weigh heavily against 
 Holding statements: (A) recognizing that the court has construed broadly the grant of jurisdiction in section 201 (B) recognizing a distinction between the power of a federal court to hear statelaw claims and the discretionary exercise of that power (C) recognizing that the court has the power to grant leave upon certain conditions (D) recognizing the oeas power to grant relief very broadly including the power to order reinstatement and back pay (E) holding that unless that power is restricted by the principal an agent under a california statutory healthcare power of attorney has the power to execute applicable admission forms including arbitration agreements

Answer:
(D)