Detailed Instructions: 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: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:
recognizing that slight evidence of fraud is sufficient to establish its existence particularly involving family transactions