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: 339 (2005)). As to appellant’s assertion of error by the court in permitting the cautionary instruction to include the additional language, appellant’s claim is not cognizable in a Rule 37.1 proceeding. Generally, a petition under Rule 37.1 does not provide a remedy when an issue could have been raised at trial or argued on appeal. Howard v. State, 367 Ark. 18, 238 S.W.3d 24 (2006). To fall within the very limited exception to that rule, the ground must be one so basic that it renders the judgment a complete nullity, such as a lack of jurisdiction, a violation of double jeopardy, or the right to a twelve-member jury. Id. at 26-27, 238 S.W.3d at 32. Appellant did not raise an issue in this claim that falls within the exception. See Phavixay v. State, 373 Ark. 168, 282 S.W.3d 795 (2008) (<HOLDING>). In appellant’s fifth point on appeal, he 
 Holding statements: (A) holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation (B) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (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

SOLUTION: (C)

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: claim because "she was not diligent in preserving her legal rights”); Felty, 818 F.2d at 1129 ("One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence.”) (quoting Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147, 151, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)); United States ex rel. Cogifer, S.A. v. Ins. Co. of North Am., Civ. A. No. 86-183-NN, 1987 WL 19932, at *4 (E.D.Va. Oct. 15, 1987) (unpublished). 11 . See, e.g., Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-51 (7th Cir. 1990). 12 . See, e.g., Humble Oil, 402 F.2d at 896 (finding equitable estoppel where surety reneged on promise to pay after statute of limitations had run). 13 . See, e.g., United States ex rel. Nelson v. Reliance Ins. Co., 436 F.2d 1366, 1371 (10th Cir.1971) (<HOLDING>); United States ex rel. Atlas Erection Co. v. 
 Holding statements: (A) holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation (B) holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors (C) holding that a surety has standing to sue for a progress payment released by the government after notification by the surety of unpaid subcontractors (D) holding that estoppel applied where surety repeatedly responded to subcontractors threats to sue with answers which assured them that amicable settlement was just around the corner (E) holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety

SOLUTION:
(D)