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: "reasonable collection and legal costs" to DLL in the event of a breach by Dr. Rozentsvit. DLL claimed it had incurred $6,898.00 in counsel fees in pursuing its breach of contract and collection action against Dr. Rozent-svit. DLL also attached an affidavit from counsel and the appropriate billing records to support its claim. In conclusion, DLL requested the court to assess costs in the amount of $6,898.00 to Dr. Rozentsvit. 23 In substance, DLL's "petition to assess collection and legal costs" was intended to perform the same function as a motion pursuant to Rule 227.1. Had DLL simply labeled its petition as a "motion for post-trial relief," Dr. Rozentsvit could not dispute its validity. See Gemini Equipment Co. v. Pennsy Supply Inc., 407 Pa.Super. 404, 595 A.2d 1211, 1214 (1991) (<HOLDING>). Moreover, DLL timely filed its petition on
Holding statements: (A) holding reasonable an agency determination that a request for an investigative file did not include the employment file (B) holding that even where postconviction petitioner reserved the option to file an amended petition in his opening petition simply filing an amended petition is insufficient to request leave to file an amended petition a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition (C) holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence (D) holding defendants argument the court erroneously denied his motion to suppress was reviewable as a constitutional issue even though defendant failed to raise the issue in a written posttrial motion (E) holding defendant did not waive issues by failing to file posttrial motions where defendant did file petition for reconsideration which was intended to function as posttrial motion

SOLUTION: (E)

PROBLEM: of the property. See C.R.E. 602; C.R.E. 701. However, there is no evidence in the record which establishes that Pomeranz ever paid a bill relating to the maintenance of the property or that he was personally responsible for any aspect of the maintenance because McDonald's had been responsible for the payments for the past fifteen years. Because no adequate evidentiary foundation was laid for Pomeranz's estimation of maintenance expenses on the property, it is impossible, absent pure speculation, to ascertain from the record how Pomeranz obtained the $4,800 estimation. The trial court's factual findings relating to future maintenance expenses are not sustained by either competent or adequate evidence and are therefore clearly erroneous. See Anderson, 170 Colo. at 13, 458 P.2d at 758 (<HOLDING>). The evidence presented by the petitioners on
Holding statements: (A) holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact (B) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence (E) holding that where the original drug quantity determination is not specific enough for the district court to determine whether it has the authority to reduce a defendants sentence under 3582c2 that court may make new findings of fact that are supported by the record and are not inconsistent with the findings made in the original sentencing proceedings

SOLUTION: (D)

PROBLEM: of an accused in a second trial when the accused has already been convicted or acquitted of that crime, and it forbids punishing an accused more than once for the same offense in a single prosecution. See U.S. Const. amend. V; Gonzales, 304 S.W.3d at 845; Bigon v. State, 252 S.W.3d 360, 369-70 (Tex.Crim.App.2008); see also Harris, 359 S.W.3d at 629. This is a multiple-punishments case. The relevant inquiry in a multiple-punishments double-jeopardy case is always whether the Legislature intended to permit multiple punishments. Hunter, 459 U.S. at 368, 103 S.Ct. 673. However, because two subsections of a single statute are at issue in this case, we must first "ascertain whether [the] alleged conduct violates two distinct statutory provisions within one statute." Vick, 991 S.W.2d at 832 (<HOLDING>); Gonzales, 304 S.W.3d at 847-48 (holding that
Holding statements: (A) holding unlawful restraint an included offense of aggravated criminal sexual assault so conviction on the former was vacated (B) holding that multiple prosecutions for aggravated sexual assault based on different statutory subsections are permissible because the legislature defined the allowable unit of prosecution as each completed act (C) holding that aggravated assault was not a lesser included offense in prosecution for armed burglary attempted robbery and use of a firearm in the com mission of a felony because the allegation in the information that the accused carried a firearm was insufficient to charge the elements of aggravated assault (D) holding that no apprendi violation shown when trial court cumulated sentences for aggravated sexual assault and indecency with a child when appellant did not dispute that sentence for each count was within statutory range (E) holding in a multiplepunishment case that aggravated sexual assault focuses on prohibited conduct

SOLUTION:
(B)