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: court failed to question any of the prospective jurors regarding their understanding and acceptance of the first Zehr principle, defendant is presumed innocent of the charges against him. With regard to the second Zehr principle, the State’s burden of proof, the circuit court questioned the prospective jurors as to whether they would sign the appropriate verdict form if the State had or had not met its burden of proof. This was a “general question concerning the juror’s willingness to follow the law” (177 Ill. 2d R. 431, Committee Comments, at lxxix) which did not comply with the 2007 amended rule’s requirement that the court question the prospective jurors regarding their understanding and acceptance of the State’s burden. See also People v. Anderson, 389 Ill. App. 3d 1, 8 (2009) (<HOLDING>). The circuit court questioned the prospective 
 Holding statements: (A) holding that plan did not comply (B) holding that such a general question regarding the prospective jurors willingness to follow the law did not comply with the 2007 amended version of rule 431b (C) recognizing general rule (D) holding that the february 28 2007 interim rule was invalid because it failed to comply with the administrative procedure act (E) recognizing that jurors are presumed to follow instructions

Answer: (B)


Question: then the trial court erred in allowing prejudgment interest to accrue on that sum at 10% per annum “[bjecause no prejudgment interest statute applies to this case.” Assuming arguendo that their argument was true, then the answer to the problem is found in their own brief. They acknowledge that the prejudgment interest scheme established under § 304.101 et seq. of the Texas Finance Code applied if no other statute did. See Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 530-31 (Tex.1998) (dealing with Texas Revised Civil Statute art. 5069-1.05, § 6(a), the predecessor to § 304.101 et seq. of the Texas Finance Code). And, at the time of judgment, see Natural Gas Clearinghouse v. Midgard Energy, Co., 113 S.W.3d 400, 414 (Tex.App.-Amarillo 2003, pet. denied) (<HOLDING>), prejudgment interest accrued at the rate of 
 Holding statements: (A) holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate (B) holding that the applicable rate is that in existence at the time of judgment (C) holding that in order to qualify as newly discovered evidence the evidence must have been in existence and hidden at the time of judgment (D) holding that the penalty is applicable (E) holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract

Answer: (B)


Question: Co., 407 U.S. 1, 15, 92 S.Ct. 1907, 32 L.Ed.2d 513 (1972), the Supreme Court held that “the forum clause should control absent a strong showing that it should be set aside.” The Second Circuit, however, has since made clear that the “extra protection that Bremen accords to mandatory forum selection clauses,” is not applicable to a permissive forum-selection clause which “contemplates more than one forum.” Blanco v. Banco Indus. de Venezuela, S.A., 997 F.2d 974, 979 (2d Cir.1993). Further, “[a]n agreement conferring jurisdiction in one forum will not be interpreted as excluding jurisdiction elsewhere unless it contains specific language of exclusion.” John Boutari and Son, Wines and Spirits, S.A v. Attiki Importers and Distribs., Inc., 22 F.3d 51, 53 (2d Cir.1994) (emphasis added) (<HOLDING>). Defendants argue that, despite the Franchise 
 Holding statements: (A) holding that a forumselection clause which stated that any dispute arising between the parties hereunder shall come within the jurisdiction of the competent greek courts was permissive rather than mandatory (B) holding that a forumselection clause was mandatory where it stated that for any action brought to enforce such terms and conditions venue shall lie exclusively in clark county washington (C) holding that a forumselection clause was mandatory because it provided for exclusive jurisdiction and venue in a particular court (D) holding clause reading the parties agree that in any dispute jurisdiction and venue shall be in california to be mandatory (E) holding that the clause any dispute that shall arise between the parties  with reference to the interpretation of this agreement or their rights with respect to any transaction involved was broad

Answer:
(A)