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.
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Question: 1 We note that the Supreme Court of Georgia recently vacated portions of the trial court's injunction order in Barham v. City of Atlanta, 292 Ga. 375 (738 SE2d 52) (2013). 2 Am. Petroleum Prods., Inc. v. Mom & Pop Stores, Inc., 231 Ga. App. 1, 7 (3) (497 SE2d 616) (1998) (punctuation omitted). 3 Levine v. Sun Trust Robinson Humphrey, 321 Ga. App. 268, 275 (3) (740 SE2d 672) (2013) (punctuation omitted). 4 Am. Petroleum Prods., 231 G 215 SE2d 294) (1975) ("[When] the complaining party cannot legitimately claim surprise, either because he knew of the existence of the witness or had equal means of knowing, it is not error to fail to invoke the sanctions of postponement, mistrial, barring the witness, etc."). Cf. Malley Motors, Inc. v. Davis, 183 Ga. App. 599, 600 (1) (359 SE2d 394) (1987) (<HOLDING>). 18 See Hunter v. Nissan Motor Co. Ltd. of
Holding statements: (A) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness (D) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (E) holding that the jury is the judge of the weight and credibility given to witness testimony

Answer: (C)

Question: perform work for Kiwi. Synergy alleges that Ms. Willis knew these statements were false when she spoke them. Synergy contends that her intent to induce Synergy to rely on these statements can be inferred by the benefit LHC stood to receive. Finally, Synergy offers documentation of advertising run on behalf of Kiwi as evidence of its damages. Assuming for purposes of this motion that Ms. Willis made the alleged statements, Synergy's fraud claim fails as a matter of law. First, statements by Ms. Willis as to Kiwi's financial condition constitute an opinion. In Georgia, statements of opinion will not support a claim for fraud. Simpson Consulting, Inc. v. Barclays Bank, PLC, 227 Ga.App. 648, 650, 490 S.E.2d 184 (1997); See also Miller v. Clabby, 178 Ga.App. 821, 822, 344 S.E.2d 751 (1986) (<HOLDING>). Synergy also alleges that Ms. Willis stated
Holding statements: (A) holding agency may not rely on expert opinion without disclosing hard data supporting opinion to the public (B) holding that sellers failure to disclose known soil conditions was not a scheme to defraud where seller did not affirmatively lie to buyer (C) recognizing that an expression of opinion about monetary value is not a representation of fact which gives rise to an action for fraud (D) holding that a buyer could not rely on a sellers mere expression of opinion (E) recognizing that a common illustration of an admissible opinion under rule 701 is an expression of opinion by a lay observer of a cars speed

Answer: (D)

Question: including, wages, salaries or commissions for services rendered." Section 503(b)(2) authorizes administrative expense priority payments to professi 9 (3rd Cir.1988). Accord In re Imperial Corporation of America, 181 B.R. 501, 506, n. 2 (Bankr.S.D.Cal.1995) (attorney barred from compensation under 327(e) may not "end run" the section by seeking compensation under 503(b)(1)); In re Office Products of America, Inc., 136 B.R. 675, 688 (Bankr.W.D.Tex.1992) (denying quantum meruit compensation for unapproved professional); In re Southern Diversified Properties, Inc., 110 B.R. 992, 996 (Bankr.N.D.Ga.1990) (rejecting doctrine of quantum meruit as justifiable basis for compensating professional who did not qualify under 327(a)). The rationale is clear. To apply Section 503 nkr.S.D.N.Y.1981) (<HOLDING>); Matter of Park Terrace Townhouses v. Wilds,
Holding statements: (A) holding that the improper use of a mixedmotive instruction in a butfor case shifted the burden of persuasion on a central issue in the case and therefore the error cannot be harmless (B) holding that a professional is one who plays a central role in a debtors case (C) holding that defendant is liable for entire quantity of drugs attributable to conspiracy in circumstances where defendant is one of conspiracys central figures (D) holding that a third partys history of violence at least insofar as it was known to the defendant plays an important role in determining whether the harm was reasonably foreseeable (E) recognizing that in any criminal trial the credibility of the prosecutions witnesses is central

Answer:
(B)