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: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor
Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance

SOLUTION: (C)

PROBLEM: pre-trial release on April 12, 1985. Although this appeal has received expedited review, a decision has not yet been rendered by the Second Circuit. Thus a total of only fifty-six (56) non-excludable days have elapsed since Leon was arrested and detained (assuming that the filing of Elba Rodriguez's omnibus motion stopped the clock as to all the co-defendants). DISCUSSION Leon's first argument is based upon the interpretation of Section 3164(b) itself, which provides that, "[t]he periods of delay enumerated in Section 3161(h) are excluded in computing the time limitations specified in this section." Leon argues that this sent C.Cir.1976) and United States v. Mejias, 417 F.Supp. 579 (S.D.N.Y.1976), aff'd. on other grounds, sub nom., United States v. Martinez, 538 F.2d 921 (2d Cir.1976) (<HOLDING>). According to the House Report accompanying
Holding statements: (A) holding generally that new rules of law should not be applied retroactively in habeas corpus cases (B) holding that a court examining if a law should be applied retroactively should consider whether the new provision attaches new legal consequences to events completed before its enactment (C) holding that the first amendment definition should be applied by analogy in the franks setting (D) holding that factor 10 should not be applied when the victim is the only one at risk (E) holding that the exclusions should be applied

SOLUTION: (E)

PROBLEM: 57 . Id. 58 . See Affidavit of Lisa A. Alter ("Alter Aff."), Ex. A to the Declaration of Donald S. Zakarin in Support of Defendant's Motion to Strike "Expert" Affidavit of Lisa Alter ("Zakarin Deck"), 1. 59 . See id. 7-28. 60 . See id. 22. 61 . Id. 23. 62 . Id. 63 . See Defendant's Reply Memorandum of Law in Further Support of Its Motion to Exclude the Affidavit and Testimony of Plaintiffs' Purported U.S. Copyright Law "Expert" Lisa A. Alter at 1. 64 . See id. 65 . See Hygh v. Jacobs, 961 F.2d 359, 363 (2d Cir.1992) ("This circuit is in accord with other circuits in requiring exclusion of expert testimony that expresses a legal conclusion. ..."). 66 . See Motown Prods., Inc. v. Cacomm, Inc., 668 F.Supp. 285, 288 (S.D.N.Y.1987), rev'd on other grounds, 849 F.2d 781 (2d Cir.1988) (<HOLDING>). 67 . See Alter Aff., passim. 68 . Fiataruolo,
Holding statements: (A) holding that an administrative agencys decision may not be based upon inadmissible expert opinion (B) holding inadmissible an affidavit by copyright law expert opining that a term was suggestive rather than descriptive because his opinion was a conclusion of law (C) holding that an expert opinion on a question of law is inadmissible (D) holding an affidavit statement referring to the notice required for a binding contract was inadmissible as a legal conclusion (E) holding that it was an abuse of discretion for the district court at the summary judgment stage to consider information from an affidavit based on inadmissible hearsay rather than the affiants personal knowledge

SOLUTION:
(B)