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. 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.
PROBLEM: phrase “periodical ly review and monitor the agent” is untested. Thus, the unanswered question before us is how much reviewing and monitoring is required by a trustee to satisfy the mandates of R.C. 1339.59(A)(3)? The plain meaning of the operative words are (1) review — “to go over or examine critically or deliberately” and (2) monitor — “to watch, keep track of, or check usually for a special purpose.” Merriam-Webster’s Collegiate Dictionary (11th Ed.2003) 1067, 801. However, secondary legal authority on this point is scarce and wide ranging: If in the exercise of reasonable diligence, the trustee discovers conditions adversely affecting the security of the investment, it is bound to er (1987), 152 Ariz. 527, 528, 733 P.2d 1110, citing Restatement of the Law 2d, Trusts (1959) 227 (<HOLDING>); Estate of Miller (1964), 230 Cal.App.2d 888, 
 Holding statements: (A) holding that a trustee who lacks investment experience must seek expert advice regarding investing trust assets while exercising his own judgment (B) holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa (C) holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust (D) holding that although a trustee is not required to watch the ticker as a speculator would    the question of the quality of judgment in holding or disposing of trust assets    coupled with evidence of failure to review or monitor the trust estate and refusal to meet with cotrustees presents a jury question on whether or not the trustee breached his duty (E) holding that a trustee properly withheld trust payments owed to a prior trustee who had misappropriated trust funds

SOLUTION: holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa

PROBLEM: for these terms in the specifications or prosecution histories of the ’403-S or ’838 patents. Furthermore, the fact that the inventors removed the term “comprising” from Claim 1 of the ’403-S patent does not change the plain meaning of the term “composition,” which remains in the final version of the claim. Moreover, if the court were to adopt the construction of the ’403-S claims put forth by Glaxo, Claim 1 would contradict Claim 1 of the ’838 patent, which retains the term “comprising” and claims the process for producing the compositions described in ’403-S patent. Such a construction would be inconsistent. In light of these findings, the court concludes that the terms “comprising” and “composition” must be construed according to their plain meanings. See Vitronics, 90 F.3d at 1582 (<HOLDING>). As a result, the phrases “immunoglobulin 
 Holding statements: (A) holding that words in claims are generally given their ordinary and customary meaning unless the patentee clearly sets forth a different in the specification or file history (B) holding that we must give the words in statutes their plain and ordinary meaning (C) holding that statutory words must be given their ordinary contemporary meaning (D) recognizing we must give insurance policy language its ordinary and generally accepted meaning unless the policy shows that the words used are intended to impart a technical or different meaning (E) holding that the clear and unambiguous words of an insurance contract should be given their plain and ordinary meaning

SOLUTION: holding that we must give the words in statutes their plain and ordinary meaning

PROBLEM: “there may have been—well, I would have ... gotten—and I can’t remember whether it was an e-mail or something from Tim Leitaker saying it was okay for me to do that.” The executive was then asked whether there was something in writing other than the email, .to which he replied, “I don’t remember the exact communication, but, yeah ... I guess I’m positive that it was communicated in writing. If not, it still had to be signed off on every time I turned.a loan in for it.” Even viewing the executive’s testimony about the purported side agreement in favor of the borrowers, there is no evidence from which a jury might conclude that all of the conditions - necessary to overcome section 1823(e) are present. At most, the statements are evidence of communicat d 378, 383-84 (11th Cir. 1991) (<HOLDING>); FDIC v. Gardner, 606 F.Supp. 1484, 1488 (S.D. 
 Holding statements: (A) holding that a written form despite outlining the obligations of both parties and existing in the insolvent banks records did not meet section 1823es requirements because it had not been executed by the failed bank (B) holding that a copy of an agreement executed by an insolvent bank found in the draft documents of the banks attorney did not satisfy section 1823es requirements because it was not an official record of the failed bank (C) holding that the fdic may rely on erroneous bank records to determine whether there was an insured deposit at the time of the banks failure (D) holding that a bank customer did not have a reasonable expectation of privacy in records maintained by the bank (E) holding that courts comments after the parties had reached a definite agreement that had been reduced to writing and executed by the defendant and the government all without any direct involvement by the district judge did not violate rule 11

SOLUTION:
holding that a copy of an agreement executed by an insolvent bank found in the draft documents of the banks attorney did not satisfy section 1823es requirements because it was not an official record of the failed bank