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: before it was in assumpsit for attorney fees purposes. See Schulz, 67 Haw. at 436, 690 P.2d at 282. Although Higa is not directly on point, its reasoning is a compelling indication of how the Hawaii Supreme Court would rule on the attorney fee question before us. The plaintiffs also seek to distinguish Higa because it involved a client suing his own attorney, and thus in that case there was privity of contract between the two parties. In the present case, Mrs. Helfand was a third-party beneficiary to the contract between the defendants and Mr. Helfand. This distinction is irrelevant. Courts have extended the right to sue for breach of contract to intended third-party beneficiaries. See, e.g., Dawes v. First Ins. Co. of Hawai'i, 77 Hawai'i 117, 128 n. 12, 883 P.2d 38, 48 n. 12 (1994) (<HOLDING>); Hunt v. First Insurance Co. of Hawaii, 82 
 Holding statements: (A) holding that thirdparty claimants are intended beneficiaries under optional automobile liability insurance policies (B) recognizing common law cause of action as thirdparty beneficiary (C) holding that the shareholders were not thirdparty beneficiaries because they were not directly benefited by the contract between the government and the thrifts (D) recognizing noncontracting parties rights as thirdparty beneficiaries of an insurance contract (E) holding that shareholders lack standing to sue as thirdparty beneficiaries to allegedly breached contract unless the contract indicates the intent to benefit them directly independently of their shareholder status

Answer: (D)


Question: judge is provided for in Ind. P-C.R. 1, § 4(b), it is not automatic as Barclay asserts. Instead, “the rule requires the judge to examine the affidavit, treat the historical facts recited in the affidavit as true, and determine whether these facts support a rational inference of bias or prejudice.” Jackson v. State, 643 N.E.2d 905, 907 (Ind.Ct.App.1994), trans. denied (citing State ex rel. Whitehead v. Madison County Circuit Court, 626 N.E.2d 802, 803 (Ind.1993)). Barclay’s affidavit presents the fact that the trial court judge accepted his guilty plea without an adequate factual basis as his evidence of bias. Even taking this assertion as true, it does not support a rational inference of bias or prejudice. See Smith v. State, 613 N.E.2d 412, 414 (Ind.1993), reh’g denied, cert, denied (<HOLDING>); Jackson, 643 N.E.2d at 907 (holding that the 
 Holding statements: (A) holding that the fact that a judge had ruled against the defendant is not a basis for finding the judge prejudiced (B) holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion (C) holding that the fact that the judge received adverse publicity for granting postconviction relief in another case did not require the judge to recuse herself (D) holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith (E) holding that counsel was not ineffective for not filing a motion to recuse the judge who presided at trial when the judge had also prosecuted a prior case that was used to enhance the current case

Answer: (C)


Question: than the Confrontation Clause, we review for plain error. See United States v. Acosta, 475 F.3d 677, 680 (5th Cir.2007); United States v. Green, 324 F.3d 375, 381 (5th Cir.2003). Our consideration of the district court’s decision begins and ends with the first element of plain error review because we conclude that the district court did not err in limiting the scope of Rios’s cross-examination. See Puckett v. United States, 556 U.S. 129, 135, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009) (explaining that the first element of plain error review requires that “there must be an error or defect”). A defendant’s right to cross-examination is not unlimited. United States v. Bernegger, 661 F.3d 232, 238 (5th Cir.2011). The Sixth Amendment confrontation right is satisfied in this regard so Cir.1993) (<HOLDING>). In sum, establishing a Confrontation Clause 
 Holding statements: (A) holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement (B) holding that the district court satisfied the confrontation clause by permitting the defendant to present facts concerning the adverse witnesss plea agreement and incentives to cooperate (C) holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment (D) holding that the confrontation clause does not apply to the sentencing hearing (E) holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea

Answer:
(B)