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: defendant to trust the advice of his counsel in weighing the immigration consequences of his decision. Petitioner's counsel advised him that he would "in all likelihood, receive a sentence of only one to three years' imprisonment." (Id.) The fact that this turned out to be true, buttresses the court's conclusion that it was reasonable for Petitioner to rely on his counsel's advice in making his immigration decisions. Second, and more importantly, however, case law before IIRIRA held that even an alien who received a sentence longer than five years might have maintained eligibility for 212(c) relief, provided that the alien had not served five years of his sentence at the time of his removal hearing. See Matter of Ramirez-Somera, 1992 WL 301623, 20 I. & N. Dec. 564, 566 (BIA 1992) (<HOLDING>). Thus, the fact that Petitioner could have
Holding statements: (A) holding that sentences of five years in prison followed by ten years probation were illegal sentences that exceeded the statutory maximum of five years for a thirddegree felony (B) holding that magistrate judge had jurisdiction to dismiss prison inmates action under 42 usc 1983 as frivolous without consent of defendants because defendants had not been served yet and therefore were not parties (C) holding that a potential prison sentence of up to five years was clearly serious (D) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced (E) holding that an immigrant defendant is eligible for 212c relief despite having been sentenced to a fifteen year prison term because he had not yet served five years of the sentence

SOLUTION: (E)

PROBLEM: Attorney General, Mary Jo Volkert, Senior Assistant Attorney General, Daniel M. King, Jr., Assistant Attorney General, for appellee. Judgment affirmed. Ray and Self, JJ., concur. 1 U. S. Const, amend. V; see also Ga. Const. Art. 1, 3, 1 (a) ("Except as otherwise provided in this Paragraph, private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid."); Horne v. Dep't of Agric., _ U. S. _, _ (II) (A) (1) (135 SCt 2419,192 LE2d388) (2015) ("The principle reflected in the [Takings] Clause goes back at least 800 years to the Magna Carta . . . ."). 2 See, e.g., Wood v. B & S Enters., 314 Ga. App. 128, 128 (723 SE2d 443) (2012). 3 See Kellett v. Dep't of Transp., 174 Ga.App. 214, 21 .App. 622, 624-25 (6) (522 SE2d 661) (1999)
Holding statements: (A) holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge (B) holding that although portion of trial courts jury charge was inapplicable any error in providing it was harmless in light of the fact that charge considered as a whole was not likely to confuse or mislead the jury (C) holding appellate courts must consider the trial courts jury charge as a whole (D) holding that because trial court actually gave part of a jury charge that appellant claimed was improperly omitted and because remainder of courts charge adequately defined one of the legal terms at issue the courts jury charge taken as a whole was not misleading and did not constitute reversible error (E) holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence

SOLUTION: (A)

PROBLEM: to commit the crime in the manner specified. Voluntary abandonment of purpose after an act constituting an attempt is not a defense. The definition in the 1928 and 1949 Manuals was as follows: An attempt to commit a crime is an act done with intent to commit that particular crime, and forming part of a series of acts which will apparently, if not interrupted by circumstances independent of the doer's will, result in its actual commission. Para. 152c, Manual for Courts-Martial, U.S. Army, 1928; para. 183c, Manual for Courts-Martial, U.S. Army, 1949. The Articles for the Government of the Navy also did not have any general statutory prohibition of attempts; but apparently they often were punishable as lesser-included offenses. See, e.g., section 91, Naval Courts and Boards, 1937 (<HOLDING>) According to naval law: If an attempt is not
Holding statements: (A) holding that where an agent is guilty of independent fraud for his benefit knowledge of the fraud is not imputed to the principal (B) recognizing attempted fraud as a lesserincluded offense of fraud in violation of article 14 for the government of the navy (C) holding that under the pre1986 jurisdictional limitation a claim by the state which discovered the fraud investigated the fraud disclosed the fraud to the federal government and which was the original source of the information was jurisdictionally barred (D) holding that the issue of fraud was precluded because the previous jury necessarily considered fraud as the basis for chapter 93a liability (E) holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud

SOLUTION:
(B)