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: Law. 11-12 (Nov. 1994) ("The side with the best case almost always wins, and the performance of the lawyers almost never matters. Some of the best lawyering I've ever seen has resulted in spectacular losses. And some of the most bumbling lawyers have had the fortune of attaching themselves to strong, and therefore winning, cases."). 50 . See Attorney Grievance Comm'n of Md. v. Snyder, 368 Md. 242, 793 A.2d 515, 531 (2002) (finding that attorney's failure to research whether his client, a criminal defendant, needed to be present at her initial appearance, as well as his failure to have her arrest warrant recalled once he learned of its issuance, provided sufficient evidence that he had violated MRPC 1.1); Attorney Grievance Comm'n of Md. v. Mooney, 359 Md. 56, 753 A.2d 17, 26-27 (2000) (<HOLDING>). 51 . Stip. Ex. 26 at Beecher00203. 52 . See 
 Holding statements: (A) holding that under texas law the mere representation of a party in a lawsuit does not establish privity between an attorney and his or her client (B) holding client is not liable for actions of attorney who misled client as to the status of case (C) 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 (D) holding that an attorney whose office staff incorrectly instructed a client that he need not appear in court for trial provided incompetent representation (E) holding an attorney is an agent of the client and therefore cannot conspire with the client

SOLUTION: holding that under texas law the mere representation of a party in a lawsuit does not establish privity between an attorney and his or her client

PROBLEM: Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

SOLUTION: recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify

PROBLEM: that only water which has been put to beneficial use for irrigation purposes is appurtenant to the land. Id. ¶¶ 4, 11. {17} The Bassetts emphasize that in reaching that conclusion, this Court quoted a Utah case, which interpreted a Utah statute to determine that “a vested water right is considered appurtenant to the land conveyed only to the extent that it is used to the land’s benefit at the time of the conveyance.” Id. ¶ 8 (quoting Little v. Greene & Weed Inv., 839 P.2d 791, 796 (Utah 1992)) (internal quotation marks omitted). In KRM, this Court did not adopt the Utah rule requiring irrigation at the time of the conveyance. The Utah court established its rule based on established authority in Utah, which New Mexico does not share. See Stephens v. Burton, 546 P.2d 240, 242 (Utah 1976) (<HOLDING>). Our own case law indicates the opposite 
 Holding statements: (A) holding that the amount of water rights appurtenant to the land is the amount that is being used thereon before and at the time of the sale (B) holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount (C) holding that the appropriation of the land is complete when the amount of damage awarded by the commissioners is paid and possession is taken (D) holding that water stock sold appurtenant to land represents an interest in water which is a real properly right (E) holding prejudgment interest is to be determined on the entire amount of compensatory damages and then reduced by the amount of interest which would have accrued at present value on the settlement amount determined before trial

SOLUTION:
holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount