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: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. ¶ 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor 
 Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance

Answer: (C)


Question: a housing development. Streckfus, 504 N.E.2d at 274. She was an at-will employee but had an employment agreement with the development's management company. Id. at 274-275. Her employment agreement referenced a management contract between the development and the management company, and the management contract provided procedures by which the management company could terminate a Resident Manager. Id. Our supreme court held that "as a matter of law, the Employment Agreement did not contain any job security provision which altered the employment at will relationship. ... Id. at 276. The Trails fail to demonstrate that Eddie states a claim upon which relief could be granted based upon the Club's Articles of Incorporation or the Club's standard practices. See also Orr, 689 N.E.2d at 719-720 (<HOLDING>). Even viewing the Trails' breach of contract 
 Holding statements: (A) holding that an arbitration agreement in an employee handbook was illusory where the employer expressly reserved a right to unilaterally rescind any provisions of the handbook (B) holding that employee handbook did not give rise to implied contract where it stated that it was not a contract and that employment was terminable at will (C) holding employee handbook or employers printed statement of policy are promises in implied offer of unilateral contract which an employee can accept by beginning or continuing to work for employer (D) holding that employee may claim contract created based on employer promise of severance pay to employee (E) holding that an employee handbook did not constitute a valid unilateral contract between the employee and employer in the absence of adequate independent consideration

Answer: (E)


Question: have pleaded that the 2007 Agreement was terminated, and the Court is required to accept that fact as true at this stage of the litigation. Therefore the continued use of Plaintiffs’ trademarks by Defendant as alleged would be without the benefit of a license. Accordingly, Defendant’s motion to dismiss the trademark infringement claim is DENIED. C. Breach of Contract Plaintiffs claim that Big Time Toys breached the parties’ contracts when it failed to cure its default on the royalty payments. Am. Compl. ¶ 88. As an initial matter, the continued use of a licensed trademark after termination of a license agreement can be actionable as both breach of contract and trademark infringement. See, e.g., Baskin-Robbins Ice Cream Co. v. D & L Ice Cream Co., 576 F.Supp. 1055, 1060 (E.D.N.Y.1983) (<HOLDING>); Ryan v. Volpone Stamp Co., 107 F.Supp.2d 369, 
 Holding statements: (A) holding that contributory trademark infringement requires some predicate act of infringement (B) holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising (C) holding that proof of unauthorized use of an original trademark by one whose license to use the trademark had been terminated is sufficient to establish the likelihood of confusion prong (D) holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract (E) holding that continued use of trademark after termination of franchise for nonpayment of royalties constitutes lanham act violation

Answer:
(D)