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: the key elements required to satisfy the discovery rule are injury (we use “damage” interchangeably with “injury”) and fault. Legally-cognizable damages occur when a plaintiff detrimentally relies on the negligent advice of an attorney. Mant, supra, 189 N.J.Super. at 374, 460 A.2d 172. Actual damages are those that are real and substantial as opposed to speculative. See Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 241, 57 S.Ct. 461, 464, 81 L.Ed. 617, 621 (1937). In the legal-malpractice context, actual damages may exist in the form of an adverse judgment. Mant, supra, 189 N.J.Super. at 373, 460 A.2d 172. However, a client may suffer damages, in the form of attorney’s fees, before a court has announced its decision in the underlying action. See, e.g., Knight, supra, 553 A.2d at 1235 (<HOLDING>); Mant, supra, 189 N.J.Super. at 374, 460 A.2d 
 Holding statements: (A) holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on appeal (B) holding that debtors have no right to jury trial on malpractice claims against their attorneys (C) holding that although attorneys fees are usually not recoverable unless permitted by statute or contract contractual or statutory authorization was not necessary in a malpractice claim to recover attorneys fees and costs as damages (D) holding that statute of limitations for malpractice begins to run when plaintiff knows or has reason to know of the alleged malpractice (E) holding that attorneys fees and costs expended as a result of an attorneys alleged malpractice constitute legallycognizable damages for purposes of stating a claim for such malpractice

Answer: (E)


Question: the crime charged. If the evidence is cumulative, the trial court should more closely scrutinize its prejudicial effect. If the evidence is necessary to prove an element of the charge, the trial judge may have erred in not sustaining the defendant’s motion for a directed verdict of acquittal. Moreover, a defendant may have a valid objection, under federal rule 611(b), that the government’s cross-examination exceeds the scope of the direct. These added considerations are necessary not only to limit the impact of rule 404(b) on rule 608(b), but also to limit the prejudicial effect of allowing the government to have the last say through evidence of a defendant’s prior misconduct. Smith Grading & Paving, 760 F.2d at 581; see also United States v. Horton, 847 F.2d 313, 324-25 (6th Cir.1988) (<HOLDING>). The purpose of Rule 608(b) is to prevent 
 Holding statements: (A) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (B) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper

Answer: (D)


Question: to allege that any defense existed), Marine Midland Trust Co. of So. N.Y. v. State Nat’l Bank of Bethesda, 268 Md. 503, 511-12, 302 A.2d 609 (1973) (affirming trial court’s refusal to vacate default judgment under former Maryland default judgment rule because party could not show fraud, mistake, or irregularity). Similarly, the Fourth Circuit had adopted a liberal view of discretionary relief from default judgments, particularly when the attorney, and not the party, is responsible for the error. See Augusta Fiberglass Coatings v. Fodor Contracting, 843 F.2d 808, 811 (4th Cir.1988) (“When the party is blameless and the attorney is at fault, the former interests control and a default judgment should ordinarily be set aside.”), United States v. Moradi, 673 F.2d 725, 728 (4th Cir.1982) (<HOLDING>). While Fourth Circuit law is not controlling 
 Holding statements: (A) holding that a default judgment was not void because the bankruptcy court that entered the judgment had proper jurisdiction over the party seeking relief (B) holding that when a constitutional right is vested in a party and there is a doubt as to whether that right has been waived the doubt should be resolved in the defendants favor (C) holding that any doubt as to the propriety of granting relief must be resolved in favor of the party when the party is not responsible for the error that caused the default judgment (D) holding that the workers compensation act is to be liberally construed in the employees favor and any doubt in its construction is thus resolved in favor of the employee (E) holding that reversible error was committed when the court could not determine that the instruction given by the trial justice was sufficient to remove the taint of the statement and such doubt was to be resolved in favor of the defendant

Answer:
(C)