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: 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

SOLUTION: (E)

PROBLEM: appeals from the district court's order denying his Federal Rule of Civil Procedure 59 motion for reconsideration challenging the dismissal of his 28 U.S.C. 2254 petition. We have jurisdiction under 28 U.S.C. 2253, and we affirm. Henderson contends that the district abused its discretion by denying his motion, which we construe as a motion for relief from final judgment based on Federal Rule of Civil Procedure 60(b). See Straw v. Bowen, 866 F.2d 1167, 1171-72 (9th Cir.1989). The district court did not abuse its discretion when it denied Henderson's motion because his almost two-year delay before filing the motion was not reasonable. See Fed.R.Civ.P. 60(c) ("A motion under Rule 60(b) must be made within a reasonable time.... "); In re Hammer, 940 F.2d 524, 526 (9th Cir. 1991) (<HOLDING>). AFFIRMED. ** This disposition is not
Holding statements: (A) holding that an over twoyear delay without any excuse was unreasonable as a matter of law (B) holding that it was not an abuse of discretion to find an unexcused twoyear delay unreasonable (C) holding it was not an abuse of discretion to deny funds (D) holding it was not an abuse of discretion to exclude testimony (E) holding that twoyear delay was not reasonable

SOLUTION: (B)

PROBLEM: all the pending criminal charges against him. A presentence report was again ordered and the sentencing of Fleming was continued to November 2, 1992. The State sought and was granted a continuance of this proceeding until November 25, 1992. The presentence report was filed on November 18, 1992, and on November 25, 1992, after a hearing, sentences were imposed on Fleming for each of the charged offenses and judgments of conviction were entered accordingly. To prevail at trial on his present claim for legal malpractice, Fleming would have the burden to establish by a preponderance of the evidence that the Gardners' negligent representation of him proximately caused his present incarceration for which he claims resultant damages. See, e.g., Burton v. Merrill, 612 A.2d 862, 865 (Me.1992) (<HOLDING>). Here, Fleming makes no claim that there was
Holding statements: (A) recognizing that slight evidence of fraud is sufficient to establish its existence particularly involving family transactions (B) holding that the plaintiff presented sufficient evidence to establish an agency relationship for service to be effective (C) holding that attorneys fees can be awarded only from time duty to defend arose (D) holding that to establish tort liability in a negligence action there must be a legal duty on the part of the defendant to plaintiff (E) holding that evidence must be sufficient to establish elements of professional negligence particularly causation and damages arising from attorneys claimed failure to properly defend plaintiff

SOLUTION:
(E)