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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: motions). The Second Circuit has not yet announced a specific standard for exercising the district court's discretion in ruling on such a motion. The Second Circuit has, however, stated that: "[o]nly 'reasonably genuine surprise' on the part of the appellant, Moylan v. Siciliano, 292 F.2d 704, 705 (9th Cir.1961), combined with an assertion of the nature of the additional evidence, Berns v. Pan Am. World Airways, 667 F.2d 826, 829 (9th Cir.1982), would give us sufficient reason to remand for the taking of additional evidence." Air et Chaleur, S.A. v. Janeway, 757 F.2d 489, 495 (2d Cir.1985); see also Matthew Bender & Co., 158 F.3d at 679 (upholding district court's decision to permit party to re-open a hearing where (1) additional evidence was material, (2) opposing part (S.D.N.Y.1994) (<HOLDING>). I shall consider the issue of Plaintiff's
Holding statements: (A) holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them (B) holding that an appellate court is not required to search the appellate record with no guidance from the briefing party to determine if the record supports the partys argument (C) holding that the party moving for summary judgment waived its argument that the opposing partys affidavit should not be considered because the moving party never objected to the timeliness of the affidavit to the trial court (D) holding that when appraising a partys motion to reopen the record posttrial the court must consider 1 whether or not the moving partys failure to submit evidence was the result of its own lack of diligence 2 the extent to which reopening the record might prejudice the nonmovant and 3 where the interests of justice lie (E) holding the moving party must meet its burden by showing that is pointing out to the trial court that there is an absence of evidence to support the nonmoving partys case

SOLUTION: holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them

PROBLEM: witness testifying against him was in custody). This right is not subject to the trial court's discretion; however, the court may preclude repetitive or unduly harassing interrogation. Ramey,. 152 Ill. 2d at 67-68; Triplett, 108 Ill. 2d at 475. Thus: "[A] defendant need not show interest or motive in that any promises of leniency have, in fact, been made to the witness by the State or that any expectations of special favor exist in the mind of the witness, before cross-examining a witness as to possible bias. Further, the defense is entitled to inquire into such promises or expectations whether they are based on fact or are simply imaginary." Ramey, 152 Ill. 2d at 67-68, citing Triplett, 108 Ill. 2d at 475-76. See also People v. Tomes, 284 Ill. App. 3d 514, 520, 672 N.E.2d 289 (1996) (<HOLDING>). "To this end a defendant has the right to
Holding statements: (A) recognizing that extensive crossexamination of the witness alone is not enough if the crossexamination permitted did not include questions on the issue constitutionally required (B) recognizing that criminal defendants right to testify is subject to crossexamination (C) holding that limitation on scope and breadth of crossexamination did not significantly curtail effectiveness of witness crossexamination because crossexamination was lengthy and extensive (D) holding it is well established that crossexamination to show that a witness might be vulnerable to pressure whether real or imagined from the state regarding a pending charge is a matter of right (E) holding that the constitutional right to crossexamination must be satisfied first before the court can exercise its discretion in limiting the scope or extent of crossexamination

SOLUTION: recognizing that extensive crossexamination of the witness alone is not enough if the crossexamination permitted did not include questions on the issue constitutionally required

PROBLEM: benefit doctrine in the context of derivative actions brought under rule 23.1 of the Federal Rules of Civil Procedure. See Tucker v. State Farm Mut. Auto. Ins. Co., 2002 UT 54, 7 n. 2, 53 P.3d 947 ("Interpretations of the Federal Rules of Civil Procedure are persuasive where the Utah Rules of Civil Procedure are 'substantially similar' to the federal rules." (citations omitted)); Barton v. Utah Transit Auth., 872 P.2d 1036, 1039 n. 5 (Utah 1994) ("This court recognizes the persuasiveness of federal interpretations when the state and federal rules are similar and few Utah eases deal with the rule in question."). 22 Federal courts have applied the substantial benefit doctrine as a way of awarding attorney fees and costs to plaintiffs in derivative Wal-Mart Stores, 54 F.3d 69, 71-72 (<HOLDING>). However, a substantial benefit must be
Holding statements: (A) holding in suit brought by shareholders against corporation under federal securities laws that the promotion of corporate suffrage regarding a significant policy issue confers a substantial benefit regardless of the percentage of votes cast for or against the proposal at issue (B) holding in suit brought by shareholders against corporation under federal securities laws that plaintiffs conferred substantial benefit upon corporation by vindicating statutory policy stressing the importance of fair and informed corporate suffrage (C) holding a suit against an agency of the state is a suit against the state (D) holding that the trustee could not bring a claim against sole shareholders of bankrupt corporation where shareholders had not looted or otherwise injured the corporation (E) recognizing that in a derivative action the corporation for whose benefit suit is brought is a necessary party to the action

SOLUTION:
holding in suit brought by shareholders against corporation under federal securities laws that plaintiffs conferred substantial benefit upon corporation by vindicating statutory policy stressing the importance of fair and informed corporate suffrage