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: judge is provided for in Ind. P-C.R. 1, 4(b), it is not automatic as Barclay asserts. Instead, "the rule requires the judge to examine the affidavit, treat the historical facts recited in the affidavit as true, and determine whether these facts support a rational inference of bias or prejudice." Jackson v. State, 643 N.E.2d 905, 907 (Ind.Ct.App.1994), trans. denied (citing State ex rel. Whitehead v. Madison County Circuit Court, 626 N.E.2d 802, 803 (Ind.1993)). Barclay's affidavit presents the fact that the trial court judge accepted his guilty plea without an adequate factual basis as his evidence of bias. Even taking this assertion as true, it does not support a rational inference of bias or prejudice. See Smith v. State, 613 N.E.2d 412, 414 (Ind.1993), reh'g denied, cert, denied (<HOLDING>); Jackson, 643 N.E.2d at 907 (holding that the
Holding statements: (A) holding that the fact that a judge had ruled against the defendant is not a basis for finding the judge prejudiced (B) holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion (C) holding that the fact that the judge received adverse publicity for granting postconviction relief in another case did not require the judge to recuse herself (D) holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith (E) holding that counsel was not ineffective for not filing a motion to recuse the judge who presided at trial when the judge had also prosecuted a prior case that was used to enhance the current case

SOLUTION: (C)

PROBLEM: Inc., 575 F.2d 62, 66 (3d Cir.1978); Novelty Textile Mills v. Joan Fabrics Corp., 558 F.2d 1090, 1093 n. 3 (2d Cir.1977). 7 .The rationale for this rule, as Judge Aldrich stated, is that "to permit copyrighting [in that case] would mean that a party or parties, by copyrighting a mere handful of forms [of expression], could exhaust all possibilities of future use of the substance ... [and thus] the subject matter would be appropriated by permitting the copyrighting of its expression. We cannot recognize copyright as a game of chess in which the public can be checkmated." Morrissey v. Procter & Gamble Co., 379 F.2d 675, 678-79 (1st Cir.1967). 8 . As an example of where dissection was improperly used, see Apple Barrel Productions Inc. v. Beard, 730 F.2d 384, 387-88 (5th Cir.1984) (<HOLDING>). 9 .For example, the court may find that the
Holding statements: (A) holding that consideration supports the agreement as a whole (B) holding that the district court erred when it failed to consider the presumption of irreparable harm (C) holding district court erroneously failed to consider copyrighted show as a whole (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding appellate courts must consider the trial courts jury charge as a whole

SOLUTION: (C)

PROBLEM: they never would have entered into the Development Agreement. 5 . The merger or integration clause in KFC Corp. v. Darsam Corp. stated that: This agreement supersedes any an all other oral or written agreements between the parties hereto with respect to the outlet which is the subject matter hereof and contains all the covenants and agreements between the said parties with respect to said matter. Franchisee acknowledges that neither KFC not anyone on behalf of KFC has made any representations, inducements, promises or agreements, orally or otherwise, respecting the subject matter of this agreement or respecting any other subject matter, which are not embodies herein. 543 F.Supp. at 224. 6 . See also Vision Graphics, Inc. v. E.I. Du Pont de Nemours, 41 F.Supp.2d 93, 98 (D.Mass.1999) (<HOLDING>); AAR Int'l, Inc. v. Vacances Heliades S.A.,
Holding statements: (A) holding the parol evidence rule presumes finality with respect to the written terms of the agreement only and does not prevent consideration of parol evidence concerning the duration of contract (B) holding that it is unreasonable for plaintiffs to rely on oral representations made before a contract when the contract contained a clause which expressed (C) holding that when a contract is partially parol and partially written parol evidence may prove the parol terms (D) holding that enforcement of alleged oral representations made prior to execution of written contract was barred by the parol evidence rule and the explicit integration clause (E) holding that the parol evidence rule did not bar introduction of evidence of a subsequent oral contract concerning the brokers right to a commission and modifying the written agreement

SOLUTION:
(D)