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: trial court's judgment wherein the appellant was sentenced to a loss of liberty").' """"Berry v. State, 630 So.2d 127, 130 (Ala.Crim.App.1993) (footnote omitted). See also Custis v. United States, 511 U.S. 485, 494, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994) (' "If the accused ... is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty.... The judgment of conviction pronounced by a court without jurisdiction is void, and one imprisoned thereunder may obtain release by habeas corpus." ') (quoting Johnson v. Zerbst, 304 U.S. 458, 468, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938)); Weakley v. State, 721 So.2d 235, 236 (Ala.1998) (<HOLDING>)." """Thus it is the lack of counsel, coupled
Holding statements: (A) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (B) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (C) recognizing the right to counsel on appeal (D) holding that the statutory right to counsel at a civil commitment hearing implicitly includes the right to the effective assistance of that counsel (E) holding that the right to counsel at arraignment is a jurisdictional matter

SOLUTION: (E)

PROBLEM: entered an order finding probable'cause that the property was used to facilitate the commission of a felony. Although Flagg's atto ation of a discovery order will constitute an abuse of discretion where the trial court fails to make express written findings of fact supporting the . conclusion that the failure to obey the court order demonstrated willful or deliberate disregard. Express findings are required to ensure that the trial judge has consciously determined that the failure was more than a mistake, neglect, or inadvertence, and to assist the reviewing court to the extent the record is susceptible to more than one interpretation. Ham v. Dunmire, 891 So.2d 492, 495-96 (Fla.2004) (citing Tubero, 569 So.2d at 1273); cf. Ledo v. Seavie Resources, LLC, 149 So.Sd 707 (Fla. 3d DCA 2014) (<HOLDING>). In this case, Flagg filed a motion to set
Holding statements: (A) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (B) holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact (C) holding that where the record plainly reflected ledos willful and deliberate disregard of the courts repeated orders to respond to interrogatory requests the trial courts failure to provide written findings of fact in its order striking ledos pleadings did not require reversal (D) holding that the trial courts oral expression in open court of its future intention to render a judgment was not itself a judgment but rather the trial courts written findings of fact and conclusions of law were its judgment (E) holding that erroneous findings of fact not necessary to support the judgment of the court are not grounds for reversal

SOLUTION: (C)

PROBLEM: "[t]he inquiry [whether a duty of care exists] involves a weighing of the relationship of the parties, the nature of the risk, and the public interest in the proposed solution." Goldberg v. Housing Auth. of Newark, 38 N.J. 578, 583, 186 A.2d 291 (1962). We have also made clear that, [i]n most eases, the justice of imposing such a duty [of care] is so clear that the cause of action in negligence is assumed to exist simply on the basis of the actor's creation of an unreasonable risk of foreseeable harm resulting in injury. In fact, however, more is needed, "more" being the value judgment, based on an analysis of public policy, that the actor owed the injured party a duty of reasonable care. [Kelly v. Gwinnell, 96 N.J. 538, 544, 476 A.2d 1219 (1984) (citation omitted) (emphasis supplied) (<HOLDING>).] It is beyond question that "[a] cause of
Holding statements: (A) holding that provisions in a subcontract incorporating a prime contract for a limited purpose are limited only to those that are applicable (B) holding that the tort threshold requirement njsa 39670n is not applicable if the injury to a qualified claimant is caused by a hit and run motorist (C) holding a sentence is not limited to period of incarceration (D) holding limited by njsa 2a1557 (E) holding a writ was appropriate when the authorization was not limited as to time and not limited to specific healthcare providers

SOLUTION:
(D)