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: (1993). This privilege has been given an "expansive reach" by California courts, as recognized by the California Supreme Court. See Rubin, 4 Cal.4th at 1194, 17 Cal.Rptr.2d 828, 847 P.2d 1044. This privilege affords absolute immunity against tort liability arising out of such a communication, regardless of attempts by the "plaintiff' to "plead around" this "absolute barrier." See id. at 1201-02, 17 Cal.Rptr.2d 828, 847 P.2d 1044. Thus, the immunity applies regardless of the particular label given to the cause of action (e.g., unfair competition). Section 47(b) protects participants in judicial proceedings from derivative tort actions based on communications in or regarding the judicial proceeding. See Dove Audio, Inc. v. Rosenfeld, 47 Cal.App.4th 777, 781-83, 54 Cal.Rptr.2d 830 (1996) (<HOLDING>). A "communication[ ] preparatory to or in
Holding statements: (A) holding that letter to possible coclaimants seeking support for filing of suit was covered by the privilege (B) recognizing privilege (C) holding that voluntary testimony by spouse is not covered by husbandwife privilege (D) holding that documents reflecting the department of educations review of a universitys compliance with title iv were covered by the privilege and rejecting the argument that a specific policy judgment is necessary for the privilege to apply because the privilege servesto protect the processes by which governmental decisions as well as policies are formulated (E) holding that the initial disclosure of a crime to one spouses without more is covered by the marital communications privilege

Answer: (A)

Question: if the absence of sufficient evidence to the contrary ..."); Douglas by Kelly v. Bd. of Edu., 127 Ill.App.3d 79, 82 Ill.Dec. 211, 468 N.E.2d 473, 476 (1984) (finding that where a school's window pane fell on plaintiff while she was sitting at her desk, plaintiff was entitled to a directed verdict based on res ipsa loqui-tur); Moore v. Atchison, 28 Ill.App.2d 340, 171 N.E.2d 393 (1960) (finding that directed verdict for the plaintiff was proper where there was no direct evidence as to why two trains collided, even though the defendant showed that the equipment was properly inspected and in excellent working order, because the circumstances made the inference of negligence so strong that reasonable men could not reject it); Silvern v. Barbagallo, 195 N.Y.S.2d 32 (N.Y.Sup.Ct.1959) (<HOLDING>); Richard Equipment Corp. v. Manhattan Indus.
Holding statements: (A) holding that the injured passenger of a cab was entitled to summary judgment against the driver because the prima facie proof is so convincing that the inference of negligence is inescapable (B) holding the standard of proof in summary judgment rulings is the same as it would be at trial (C) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (D) holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case (E) holding that a prima facie case is subject to independent review

Answer: (A)

Question: attorneys' fees can accrue after the filing of a suit, while punitive damages do not is meaningful. Once post-filing of suit tender of compensatory damages is accomplished, attorneys' fees can accrue continuously until the matter is fully resolved, thus presenting a cognizable harm sufficient to prevent a case from having been rendered moot by post-suit tender of compensatory damages, unlike punitive damages. See, e.g., Bates, 271 Ill.Dec. 402, 785 N.E.2d at 62 ("Defendant failed to tender the attorney fees recoverable under section 10a(c) of the Consumer Fraud Act, and thus, failed to tender the 'full amount' owed to plaintiff."). Punitive damages, thus, should not be available as a matter of law as a result of the pre-tria 3d 1075, 248 Ill.Dec. 721, 734 N.E.2d 1012, 1015 (2000) (<HOLDING>); DeCoteau v. Nodak Mutual Insurance Company,
Holding statements: (A) recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members (B) holding that because the record in the case had not been developed sufficiently to determine whether a childs statement was admissible under the tender years exception a new trial was warranted (C) holding that the dismissal of a class action suit after the representative plaintiffs claims became moot was proper noting that because the class action was never properly certified nor the class properly identified by the district court the decision that the claims of the purported representative were moot dictated the dismissal of the uncertified class action as well quoting bd of school commrs v jacobs 420 us 128 130 95 sct 848 850 43 led2d 74 78 1975 per curiam (D) holding that because no class was certified at the time tender rendered moot haymans claims dismissal of the entire suit was warranted (E) holding that because no class was certified at the time the individual claims were dismissed the class action was properly dismissed

Answer:
(D)