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: proceeding”). Here, the only evidence that th .Crim.App.2000) (stating, in motion to suppress context, “[T]he judge may believe or disbelieve all or any part of a witness’s testimony, even if that testimony is not controverted”). Appellant’s and Sanchez’s after-the-fact, out-of-court averrals about appellant’s ability to understand the proceedings and waivers he signed were untimely factual statements in appellant’s self-interest. Even though the State did not offer affidavits to controvert appellant’s and Sanchez’s affidavits, it was within the trial court’s discretion to disbelieve the assertions contained in those affidavits that appellant does not read or speak English. See Charles, 146 S.W.3d at 210; Shanklin, 190 S.W.3d at 167; see also Phuong Anh Thi Le, 300 S.W.3d at 327 (<HOLDING>). The trial court, and not this Court, is in 
 Holding statements: (A) holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record (B) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (C) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (D) holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts (E) holding that appellate court must defer to all implied factual findings supported by record

SOLUTION: holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record

PROBLEM: v. Paine, Webber, Jackson & Curtis, Inc., 565 F.Supp. 663, 667 n. 10, 669 (N.D.Ill.1983)). However, in all the cases on this issue, the courts made it clear that the client must have made disclosures to the attorney after manifesting an intent to seek legal advice. Herbes, 180 Ill.App.3d at 698-99, 129 Ill.Dec. 480, 536 N.E.2d 164 (finding that counsel for the plaintiff, who was suing a township over its open-space acquisition program, was ineligible to conduct said representation because he had previously engaged in an attorney-client relationship with the township when it interviewed only him for a possible position representing the township in the same program, evidencing the township’s intent to hire him and therefore speak freely regarding the program), Hughes, 565 F.Supp. at 670 (<HOLDING>), Int’l. Paper Co. v. Lloyd Manufacturing Co., 
 Holding statements: (A) 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 (B) 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 (C) holding that attorneys should be disqualified where the substantial relationship test is met in order to assure that the confidentiality of the attorneyclient relationship and the loyalty between attorney and client are preserved (D) holding that the district court did not abuse its discretion in drawing an adverse inference where the relief defendant refused to give information necessary to determine whether he still possessed any of the funds or whether he had a legitimate claim to them (E) holding that normal attorneyclient relationship does not bar rule 60b relief when the evidence is clear that the attorney and his client were not acting as one

SOLUTION: 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

PROBLEM: Ins. Co., 676 F.2d at 61 (“in this type of case the occurrence takes place when the injuries first manifest themselves”); see also Consulting Engineers, 710 A.2d 82 (applying the first manifestation rule as articulated in D'Auria); Keystone Automated Equipment Co., Inc. v. Reliance Ins. Co., 369 Pa.Super. 472, 535 A.2d 648 (1988) (same); Guaranty Nat. Ins. Co., 109 F.3d 156 (same); Fletcher v. Pennsylvania Prop. & Cas. Ins. Guar. Ass’n, 27 A.3d 299 (Pa.Cmwlth.2011) (same). The cases Appellants rely on where the first manifestation of injury coincides with the identification of the cause of injury are distinguishable, as the correlation in these cases between manifestation of injury and identification of its cause is merely incidental. See D'Auria, 352 Pa.Super. 231, 507 A.2d 857 (<HOLDING>); Consulting Engineers, 710 A.2d 82 (holding 
 Holding statements: (A) holding that cause of action accrued no later than date plaintiffs physician advised her to switch from vinyl to latex gloves even though physician did not then discuss latex allergy with her (B) holding that patient suffering from the destruction of healthy lung tissue due to physicians failure to diagnose cancer was sufficient for negligent infliction of emotional distress (C) holding that the effects of injury caused by a doctors failure to diagnose manifested no later than the date renal failure was discovered by an alternative physician (D) holding that the patientphysician privilege does not prevent testimony by a physician as to the fact that he was consulted by a patient on a certain date (E) recognizing physician assistant as agent of the supervising physician

SOLUTION:
holding that cause of action accrued no later than date plaintiffs physician advised her to switch from vinyl to latex gloves even though physician did not then discuss latex allergy with her