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: 2001) (describing the denial of a jury trial as a structural defect requiring automatic reversal). Similarly, every Florida district court of appeal has issued a decision reversing a conviction obtained without a valid waiver of a jury trial. See, e.g., Montero v. State, 780 So.2d 917, 917 (Fla. 2d DCA 2000) (reversing the defendant’s conviction because the record failed to show that the defendant validly waived his right to a jury trial); Hyler v. State, 732 So.2d 1208, 1209 (Fla. 4th DCA 1999) (concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to a jury trial); Gamble v. State, 696 So.2d 420, 420 (Fla. 5th DCA 1997) (<HOLDING>); Sansom v. State, 642 So.2d 631, 631 (Fla. 1st 
 Holding statements: (A) holding that a failure to inform the defendant of the minimum possible sentence meant that the defendant did not fully understand the consequences of his plea and his rights were therefore automatically substantially affected (B) holding that the failure to inform the defendant of his right to a sixperson jury and the failure to consult the defendant as to his wishes was an error for which a new trial was the only remedy (C) holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error (D) holding that failure to inform the defendant of the constitutionally mandated right to a sixperson jury when one juror became ill after the jury had been sworn but before trial had begun and the defendants attorney waived his rights without consulting defendant mandates a new trial (E) holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence

SOLUTION: (B)

PROBLEM: waived his attorney-client privilege when his attorney failed to make timely objections to questions that it alleged sought privileged communications. This argument has no merit for two reasons. First, many of the questions Airdata asked did not seek confidential communications. Therefore, no objection was necessary to preserve the privilege. Second, Jenney’s current attorney did make timely objections to those questions actually seeking confidential communications. The fact that Jenney’s attorney had to interrupt him to make the objection is not sufficient to establish a waiver. Because the objections were made as soon as the confidential nature of the communication became apparent, Jenney did not waive the privilege. Cf. Gen. Motors Corp. v. McGee, 837 So.2d 1010 (Fla. 4th DCA 2002) (<HOLDING>); Abamar Hous. & Dev., Inc. v. Lisa Daly Lady 
 Holding statements: (A) holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known (B) holding that where an authorized disclosure is voluntarily made to a nonfederal party whether or not that disclosure is denominated confidential the government waives any claim that the information is exempt from disclosure under the deliberative process privilege (C) holding that disclosure orders adverse to the attorneyclient privilege do not qualify for immediate appeal under the collateral order doctrine (D) holding attorneyclient privilege protects disclosure of communications but does not protect client from disclosure of underlying facts (E) holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure  contained enough information to enable the government to pursue an investigation against the defendant

SOLUTION: (A)

PROBLEM: Duviella challenges the process used by JetBlue to investigate sexual harassment allegations against him, and he disputes the accuracy of the conclusions reached. “In a discrimination case, however, we are decidedly not interested in the truth of the allegations against plaintiff. We are interested in what ‘motivated the employer.’ ” McPherson v. New York City Dep’t of Educ., 457 F.3d 211, 216 (2d Cir.2006) (quoting United States Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711, 716, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983) (emphasis omitted)). Duviella has not adduced any evidence tending to demonstrate that JetBlue’s procedures or sanctions were influenced by his age or race. This is fatal to his discharge claim. See, e.g., Graham v. Long Island, R.R., 230 F.3d 34, 44 (2d Cir.2000) (<HOLDING>); Brewer v. Quaker State Oil Refining Corp., 72 
 Holding statements: (A) holding that the plaintiffs assessment of the candidates qualifications cannot demonstrate a pretext for discrimination (B) holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error (C) holding that even if plaintiff could demonstrate that failed drug test proffered by defendant as ground for dismissal was in error that showing would not demonstrate that reliance on test was pretext for discrimination (D) holding the burden is on the defendant to demonstrate the error satisfies each prong of the plain error test (E) holding that a defendant must demonstrate that he would not have pled guilty but for the error

SOLUTION:
(C)