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. 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.
PROBLEM: irrelevant, a respondent’s awareness that his conduct will violate an ethical proscription is not itself material.”). Simply because an attorney’s conduct is intentional or dishonest does not by itself establish a dishonest or selfish motive. See In re Alcorn, 202 Ariz. 62, 74, ¶ 42, 41 P.3d 600, 612 (2002) (respondent violated his ethical duty of candor toward the tribunal, but selfish motive was not an aggravating factor). ¶ 43 In the past, we have held that dishonest or selfish motive is an aggravating factor when an attorney received some financial gain or made misrepresentations to cover his or her negligence. These previous holdings of dishonest or selfish motive involved private attorneys, not public sector lawyers. See, e.g., Arrick, 180 Ariz. at 143, 882 P.2d at 950 (<HOLDING>); Shannon, 179 Ariz. at 69, 876 P.2d at 565 
 Holding statements: (A) holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person (B) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client (C) holding that lawyer who made deliberate misrepresentations to his client to conceal his negligence and improperly retained a fee from that client had a dishonest or selfish motive (D) holding that an attorneys filing a notice of appearance on behalf of his or her client constitute a waiver of service of process by the client (E) holding client is not liable for actions of attorney who misled client as to the status of case

SOLUTION: (C)

PROBLEM: residence. Upon arrival, the police recovered shell casings from a .40 caliber weapon. Robles told the police that he was not home when the shots were fired, and he denied-owning a .40 caliber weapon. Despite Robles’ denials, Detective Cabrera recovered a .40 caliber pistol that was registered to Robles. The police did not follow up with Robles or the witnesses. Once again, Robles was not charged. In August 2010, Johnson amended his pending PCRA petition to allege that the Commonwealth violated Brady by withholding the above-described police reports. The PCRA court dismissed Johnson’s amended petition as untimely. On appeal, however, this Court reversed and remanded for a merits review of Johnson’s Brady claim. See Commonwealth v. Johnson, 619 Pa. 386, 64 A.3d 621 (2013) (per curiam) (<HOLDING>). After remand, the PCRA court granted 
 Holding statements: (A) holding that the oneyear bar contained in  2255 acts as an affirmative defense and not a jurisdictional bar (B) holding that coleman could use certain information to bring a new and separate suit even though that information was discovered subsequent to a violation of the courts protective order (C) holding that attorney abandonment constitutes an extraordinarycircumstance that allows a federal court to disregard the state procedural bar to hearing a habeas petition (D) holding that infirmities in state habeas proceedings do not constitute grounds for federal habeas relief (E) holding that the information discovered during the federal habeas proceedings constitutes newly discovered facts for pur poses of the b1ii exception to the pcras jurisdictional time bar

SOLUTION: (E)

PROBLEM: be given controlling effect; rather, all the provisions must be considered -with reference to the whole instrument.” Id. Here, we believe the policy at issue can be given a definite legal meaning and is not reasonably susceptible to more than one meaning; therefore, we hold the policy is unambiguous as a matter of law. The policy specifies SLIC will provide Wink a defense against claims arising from negligent errors or omissions resulting in civil violation of “[a]ny federal, state or local Truth-in-Lending statute.” We see nothing in the policy’s language that would limit Wink’s coverage to actions based on alleged violations of the federal TILA and its specific state or local counterparts. See Fredericks v. Universal Underwriters Ins. Co., 140 Or.App. 269, 915 P.2d 472, 476 (1996) (<HOLDING>). We therefore hold the policy’s plain language 
 Holding statements: (A) holding the same where the plaintiff alleged breach of a contract provision that incorporated federal law by reference and breach of a new york statute by failing to provide uniform rates allegedly required by federal law (B) holding policy provision promising defense costs for an alleged violation of any federal state or local    truth in lending    law was unambiguous and required a defense whenever a cause alleged facts that could be a violation of any law that has as its purpose the same objectives as the federal truthinlending act tila and its state and local counterparts (C) holding that violation of state law was not a per se constitutional violation (D) holding that the state law contract claim alleged the same conduct as in the erisa claim and was therefore preempted (E) recognizing that plaintiff failed to prove a violation of the law of the land clause in the north carolina constitution because pjlaintiffs were unable to establish a federal due process violation and the constitutional claims state and federal are analyzed the same way

SOLUTION:
(B)