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: been completed and 2) further investigation into issues such as whether there was hair in the shotgun hole was not necessary because, if used at trial, it would have been perceived as “tearing apart the victim.” Thus, Roark’s decision to not investigate was essentially a combination of acts within the wide range of reasonable professional assistance and one that falls within the category of strategic or tactical decisions that should not be second guessed. Hollon does not present any persuasive argument that' the investigation was below an objective standard. Consequently, we uphold the district court’s determination that Hollon has not established a claim of ineffective assistance of counsel in this regard. D. Suppression of Hollon’s Confession Hollon argues that Roark rendered in ) (<HOLDING>). In this case, the district court determined 
 Holding statements: (A) holding that counsels failure to move to suppress the defendants confession constituted ineffective assistance because it was obvious that the confession would have been suppressed (B) holding that a petitioner must show  that the outcome of his appeal would have been different had counsel raised the issue (C) holding that for an ineffective assistance of counsel claim to be established a defendant must show that but for counsels error the outcome of his proceedings would have been different (D) holding that to show prejudice in a claim of ineffective assistance of appellate counsel the petitioner must show a reasonable probability that but for counsels errors the result of the proceeding would have been different (E) holding that where the record supported the district courts conclusion that statements would not have been suppressed and there had been nothing submitted on appeal to lead to a different conclusion the petitioner had not shown any resulting prejudice from the failure to file a motion to suppress and therefore had not established a claim of ineffective assistance of counsel

Answer: (E)


Question: terms, “pending” refers to the status of an action before a final decision on the merits. Beetham v. Georgia-Pacific, 87 Or App 592, 743 P2d 755 (1987); see also Webster’s Third New Int’l Dictionary, 1669 (unabridged ed 1993) (pending means “not yet decided”). Although that meaning is useful in determining whether an action remains pending, it does not fully resolve the problem before us, which is to determine when an action becomes pending. The solution to that problem, however, is readily apparent from relevant contextual sources. ORCP 3 provides that an action is commenced by the filing of a complaint rather than by service of summons. An action becomes pending when it is commenced. See Fremont Indemnity Co. v. Corbett, 66 Or App 668, 672, 675 P2d 1097, rev den 297 Or 340 (1984) (<HOLDING>). Therefore, after a complaint is filed, an 
 Holding statements: (A) holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens (B) holding that the relevant time of inquiry is the date of the filing of the complaint (C) holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending (D) holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate (E) holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing

Answer: (C)


Question: speculation about the future,’ a court should determine projected disposable income by calculating a debtor’s ‘present monthly income and expenditures’ and extending those amounts over the life of the plan.’ ” In re Campbell, 198 B.R. at 473 (quoting In re Solomon, 67 F.3d 1128 (4th Cir.1995)). There is a split of decisions as to whether, pursuant to § 523(a)(15) a debt may be partially discharged. Some jurisdictions have held that “under § 523(a)(15) a debt may be partially discharged according to the facts of the particular case, just as with determinations of dischargeability of student loan debts under § 523(a)(8).” Melton v. Melton (In re Melton), 228 B.R. 641, 646 (Bankr.N.D.Ohio 1998); see also Brasslett v. Brasslett (In re Brasslett), 233 B.R. 177, 186 (Bankr.D.Me.1999) (<HOLDING>); Gagne v. Gagne, 244 B.R. 544, 548 
 Holding statements: (A) holding that an injunction is an extraordinary remedy (B) holding that it is not (C) holding that an issue not raised on appeal is waived (D) holding that  523a15 is not an allornothing proposition (E) holding that the title of an act is not an index but is merely a label

Answer:
(D)