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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant’s advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was mentioned later during the trial. See United States v. Beckett, 706 F.2d 519, 520 (5th Cir.1983) (“Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor’s conduct, however, wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless.”); see also United States v. Bermea, 30 F.3d 1539, 1563-66 (5th Cir.1994) (<HOLDING>). This ground for a new trial, therefore, is 
 Holding statements: (A) holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify (B) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error (C) holding that prosecutors allegedly improper closing arguments regarding burden of proof defendants failure to testify and other allegations did not case serious doubt upon the correctness of the jury verdict or the fairness of the trial (D) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (E) holding that any potential prejudice regarding burdenshifting is diminished by the prosecutors statement that the burden of proof is the governments and the courts explicit instructions regarding the burden of proof in the jury charge

SOLUTION: holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify

PROBLEM: be dismissed even if a minute entry is sufficient to satisfy the requirement of Rule 4(c), because the trial court judge did not sign the minutes as required by Tennessee Code Annotated section 16-1-106. We disagree. The only page from the trial court minutes for August 28, 2006, that was filed with this Court was the page that included the entry regarding the defendant’s case. While it is true that the particular page of the minutes extracted to supplement the appellate record does not bear the signature of the trial court judge, there is no proof that the judge did not sign the minutes on a subsequent page not included in the record before us, and we presume that the minutes were signed as required by section 16-1-106. See Hull v. Vaughn, 171 Tenn. 642, 107 S.W.2d 219, 222 (1937) (<HOLDING>) There is no proof in the record that rebuts 
 Holding statements: (A) holding that a son could be bound by a contract that he signed even though his fathers name and not his appeared in the body (B) holding that although a corporate officer is not presumed to be personally liable for corporate debts the officer may expressly bind himself or herself to be answerable for such debts (C) holding that even in absence of proof that chancellor signed court minutes it must be presumed that he did so and noting that ejvery officer is presumed to have performed his duty (D) holding it immaterial that one charged with willfully selling unregistered securities had no actual knowledge that he was violating the law because he was presumed to have and is chargeable with knowledge of the laws under which he was undertaking to do business (E) holding that where the debtor did not act but merely had knowledge of and benefit from the fraudulent transfer he was not considered to have performed it

SOLUTION: holding that a son could be bound by a contract that he signed even though his fathers name and not his appeared in the body

PROBLEM: N.Y. Dep’t of Fin., 620 F.3d 146, 150 (2d Cir.2010). a. Malpractice Claim An action for professional malpractice requires proof of damages actually and proximately caused by the malpractice. Kaminsky v. Herrick, Feinstein LLP, 59 A.D.3d 1, 9, 870 N.Y.S.2d 1, 5-6 .(1st Dep’t 2008). Here, Solin’s claim for malpractice damages fails because it falls within New York’s proscription on the recovery of tax liability. See Gertler v. Sol Masch & Co., 40 A.D.3d 282, 283, 835 N.Y.S.2d 178, 179 (1st Dep’t 2007) (“[Tjaxes ... are not recoverable under New York law.”). Indeed, New York applies this rule even when the tax liability is allegedly attributable to the defendant’s mistaken advice. See Fownes Bros. & Co. v. JPMorgan Chase & Co., 92 A.D.3d 582, 583, 939 N.Y.S.2d 367, 367 (1 st Dep’t 2012) (<HOLDING>); see also Gaslow v. KPMG LLP, 19 A.D.3d 264, 
 Holding statements: (A) holding that consequential damages are not to be considered (B) holding that where the debtor did not act but merely had knowledge of and benefit from the fraudulent transfer he was not considered to have performed it (C) holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract (D) holding that operates as a charge of debtors in personam tax liability not debtors in rem tax liability (E) holding where plaintiffs transfer between employee benefit plans generated tax liability that fact that plaintiffs may have performed the transfer pursuant to advice from defendants does not convert plaintiffs tax liability into consequential damages

SOLUTION:
holding that consequential damages are not to be considered