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: on the circuit court orders and the statements of defense counsel at the hearing. We hold that neither the doctors nor the trial court could rely on facts and legal conclusions within the circuit court orders. Thus, the doctors' assertions at the hearing, which were based on facts within the orders, constituted factual statements of counsel. Moreover, the orders were, in effect, memoranda submitted by counsel. In any event, the trial court could not properly consider factual statements from either when deciding the motions, however they are characterized. Cf. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995) (noting that the ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint); Gilmore, 290 S.C. 53, 348 S.E.2d 180 (<HOLDING>). This is not to say that circuit court orders
Holding statements: (A) holding that the judge cannot consider factual statements of counsel in a motion for summary judgment (B) holding that unsworn statements may not be considered on a motion for summary judgment (C) holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment (D) holding that motion to dismiss cannot be treated as summary judgment (E) holding that conclusory statements without factual support are of no value to the court when deciding a summary judgment motion

SOLUTION: holding that unsworn statements may not be considered on a motion for summary judgment

PROBLEM: in the petition no later than thirty days from the day on which the first defendant was served. Id. at 1262-63 (internal citations omitted). As a general premise, under the "first-served rule," defendants who are properly served within thirty days of the first defendant's service must join in the removal petition. The "failure to do so renders the petition defective." Id. at 1262. Under the facts of Getty, however, the application of the first-served rule did not produce an inequitable result. Nonetheless, recognizing the potential for harsh results, other decisions provide that exceptional circumstances may sometimes require relief from strict application of the rule in order to achieve equitable results. See Milstead Supply Co. v. Cas. Ins. Co., 797 F.Supp. 569, 573 (W.D.Tex.1992) (<HOLDING>); Brown v. Demco, Inc., 792 F.2d 478, 482 (5th
Holding statements: (A) holding that all properly served defendants must join in petition for removal except for nominal unknown or fraudulently joined parties (B) holding that the defendants filing of a notice of removal before being served by plaintiffs did not render removal defective (C) holding that dismissal of some but not all of the defendants who had been served with complaint is not a final order (D) holding that joinder in or consent to the removal petition must be accomplished by only those defendants 1 who have been served and 2 whom the removing defendants actually knew or should have known had been served (E) holding that the defendants consent to search was voluntary although he had been served with a subpoena

SOLUTION: holding that all properly served defendants must join in petition for removal except for nominal unknown or fraudulently joined parties

PROBLEM: F.2d 832, 835 (2d Cir.1983) (noting duress defense "raises broad philosophical issues concerning the nature of voluntary action for purposes of criminal responsibility and the appropriate conditions for holding a person morally blameworthy"; further noting disagreement among state jurisdictions regarding the relation of mens rea and duress). We consider this exposition of the defense compelling and one that we will adopt in this appeal. {13} We also note that we have not uncovered any extrajurisdictional support for Lucero or the State's argument in this appeal. Even State v 107 (1983) (necessity is a defense to DWI); State v. Olson, 79 Or.App. 302, 719 P.2d 55, 57 (1986) (choice of evils defense available to DUI defendant); State v. Riedl, 15 Kan.App.2d 326, 807 P.2d 697, 699 (1991) (<HOLDING>). Also, see generally Michael J. Yaworsky,
Holding statements: (A) holding that compulsion is a defense to absolute liability traffic offenses (B) holding governmental immunity is no defense to contractual liability (C) recognizing that substantial change is a defense to a products liability claim (D) holding absolute immunity protects prosecutor from liability for failing to give defense counsel materially exculpatory evidence (E) recognizing that miranda warnings are unnecessary for the investigation of routine traffic offenses

SOLUTION:
holding governmental immunity is no defense to contractual liability