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: purposes of nonclient standing] is a question of fact.”). Neither party argues that Mark and Marie share some type of legally recognizable confidential relationship, and Marie offered no evidence to the district court that Mark acquired any privileged, confidential information from Marie. In Brown, this court concluded that “disqualification is not warranted absent proof of a reasonable probability that counsel actually acquired privileged, confidential information.” 116 Nev. at 1202, 14 P.3d at 1267 (emphasis added). Similarly, in the context of familial relationships, other courts have declined to disqualify counsel absent proof that counsel actually acquired confidential information from a family member. See, e.g., Addam v. Superior Court, 10 Cal. Rptr. 3d 39, 42 (Ct. App. 2004) (<HOLDING>); DCH Health Services, 115 Cal. Rptr. 2d at 
 Holding statements: (A) holding in a marital dissolution action that a sibling relationship between a husbands attorney and a wifes former physician was insufficient to disqualify the attorney and explaining that the attorneys brother presumably possesses confidential information relating to the wife but there is no evidence that he disclosed any such information to his sister (B) holding that presumption of access to and knowledge of confidential information between attorney and former client notwithstanding attorneys declarations to the contrary may not be rebutted (C) holding that in order to determine whether disqualification of plaintiffs attorney is appropriate because of a previous attorneyclient relationship he had with the defendant the court must determine whether confidential information was passed from client to attorney (D) holding that a wife is not liable simply by virtue of the marital relationship for her husbands fraudulent acts (E) holding that a corporate insider must abstain from trading in shares of his own corporation unless he has first disclosed the material information known to him not because of the relationship between the buyer and seller but because of the relationship of trust and confidence between the shareholders and the insider who obtained the confidential information by reason of his position with that corporation that relationship gives rise to a duty to disclose because of the need to prevent the insider from taking unfair advantage of the uninformed minority stockholders

SOLUTION: (A)

PROBLEM: that she disapproved of what she reasonably believed to be unlawful retaliation. B. Form and Context To the extent that Thomas’ conduct was expressive, the message was communicated to her immediate supervisor, Miller, and other court employees. She did not, however, attempt to inform the general public about the allegedly retaliatory practices. That Thomas chose to convey her views privately rather than publicly is not determinative of whether her expression is entitled to protection. See Givhan v. W. Line Consol. Sch. Dist., 439 U.S. 410, 415-16, 99 S.Ct. 693, 58 L.Ed.2d 619 (1979). Because content is the most important factor, we have concluded that speech about a matter of public concern may be protected even when made in a private context. See, e.g., Ceballos, 361 F.3d at 1174 (<HOLDING>); Ulrich, 308 F.3d at 979 (“[T]he public 
 Holding statements: (A) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected (B) holding that a written offer accepted by parol may constitute a sufficient memorandum of the contract provided the person making the offer is the party to be charged (C) holding that a memorandum given to the employees supervisors was protected speech when the memorandum alleged criminal wrongdo ing (D) holding that after the district court determined that the plaintiffs speech was protected the court was required to inform the jury of its ruling that knapps speech was constitutionally protected (E) holding the separate document rule violated when the alleged judgment was included with the memorandum and order of the court

SOLUTION: (C)

PROBLEM: to understand or determine a fact at issue.” Daubert, 509 U.S. at 592, 113 S.Ct. 2786. And, with that statement, the so-called Daubert hearing was born. Daubert hearings were created for Courts to determine the soundness of an expert’s opinions. A DaubeH hearing was meant to be a manageable evidentiary-hearing where the Trial Judge could outline and evaluate the qualifications of an expert prior to trial. Louis A. Jacobs, Giving Lie to Antiquated Notions About Scientific Evidence, 22 Am. J. Trial Advoc. 507, 537-38 (1999). These hearings were not required in every case and for every expert. Id. at 540. Some Courts, however, erroneously held that Daubert hearings were mandatory for all experts. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 9th Cir., 43 F.3d 1311, 1319 n. 10 (1995) (<HOLDING>); Caubarreaux v. E.I. Dupont de Nemours, 
 Holding statements: (A) holding after remand that where the opposing party thus raises a material dispute as to the admissibility of expert scientific evidence the district court must hold an in limine hearing a socalled daubert hearing to consider the conflicting evidence   (B) holding defendant failed to preserve for appeal the question of admissibility of evidence that was the subject of the motion in limine where defendant failed to object to evidence when offered at trial (C) holding that in determining prejudice a court hearing an ineffectiveness claim must consider the totality of the evidence before the judge or jury (D) holding that an evidentiary hearing is necessary only if the party requesting the hearing raises a significant disputed factual issue (E) holding that the district court need not conduct a separate evidentiary hearing to adjudicate a socalled daubert motion

SOLUTION:
(A)