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.
--------
Question: evidence to conclude that the government’s conduct in this case amounted to a material breach, it denied Malone’s appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts § 241(e) (1981), “the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing” is a significant factor in determining whether that party’s breach is material. The Restatement also states that “[sjubter-fuges and evasions violate the obligation of good faith,” as does lack of diligence and interference with or failure to cooperate in the other party’s performance. Id. § 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons’ Co. v. United States, 151 
 Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination

Answer: (C)


Question: statement “is admissible only if it bears adequate ‘indicia of reliability.’ ” Id. In Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), the Supreme Court departed from its ruling in Roberts and established a new standard for determining when hearsay statements of an unavailable witness may be admitted as evidence against a criminal defendant consistently with the Confrontation Clause. The standard set forth- in Crawford actually expanded defendants’ confrontation rights beyond what was contemplated in Roberts. Compare Crawford, 541 U.S. at 53-55, 124 S.Ct. 1354 (requiring unavailability and a prior opportunity for cross-examination to admit testimonial hearsay statements of witnesses not appearing at trial), with Roberts, 448 U.S. at 72-73, 100 S.Ct. 2531 (<HOLDING>). Prior to the decision in Crawford, this Court 
 Holding statements: (A) holding that witness hearsay statements may be admitted whenever they bear sufficient indicia of reliability even without crossexamination (B) holding that the sixth amendment confrontation clause was not violated by the admission of hearsay statements under a georgia statute permitting an exception for statements by coconspirators where there was sufficient indicia of reliability supporting the truth of the statements (C) holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence (D) holding that judges may consider any relevant evidence bearing some substantial indicia of reliability including reliable hearsay in a probation revocation hearing (E) holding that it would have been proper to admit party opponent admissions although they were based on multiple levels of hearsay and test their reliability on crossexamination but upholding the district courts exclusion of the statements where the hearsay statements lacked any factual content and lacked any indicia of trustworthiness

Answer: (A)


Question: does not require a litigant to present an issue that the state court has already decided. Even if the exhaustion doctrine did require such an odd result, I would excuse Pursell’s failure to exhaust this claim because exhaustion would be futile. The Third Circuit has explained that “ ‘[f]utility’ exists where ... ‘a state’s highest court has ruled unfavorably on a claim involving facts and issues materially identical to those undergirding a federal habeas petition and there is no plausible reason to believe that a replay will persuade the court to reverse its field.’ ” Lines v. Larkins, 208 F.3d 153, 162 (3d Cir.2000) (quoting Allen v. Attorney General of Maine, 80 F.3d 569, 573 (1st Cir.1996)); see also Lynce v. Mathis, 519 U.S. 433, 436 n. 4, 117 S.Ct. 891, 137 L.Ed.2d 63 (1997) (<HOLDING>). Just such a situation is present in 
 Holding statements: (A) holding new york could lawfully modify a florida custody decree because florida court had right under florida law to change the decree (B) holding procedural error is harmless where the court would have reached the same result had the guidelines issue been decided the other way and the sentence imposed would be reasonable even if contested issue decided in defendants favor (C) holding that exhaustion would have been futile because the florida supreme court previously rejected the same claim in other cases and counsel for the state had not suggested any reason why the florida courts would have decided petitioners case differently (D) holding that florida courts would apply florida law to contracts insuring real property located within the state (E) holding that where florida state court had not addressed choiceoflaw issues with regard to directors liability federal court could presume that florida court would follow the restatement second of conflict of laws based on the florida courts past reliance on the treatise

Answer:
(C)