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.
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Question: a hearing mandated if he can show that a fundamental miscarriage of justice would result from failure to hold a federal evidentiary hearing.” Id. at 12, 112 S.Ct. 1715. It appears, however, that AEDPA overruled the “fundamental miscarriage of justice” exception, and that at this time, district courts cannot order evi-dentiary hearings unless the requirements of § 2254(e)(2) are met. See Shumate v. Newland, 75 F.Supp.2d 1076, 1084, 1098-99 (N.D.Cal.1999) (“AEDPA, however, has ‘reduced considerably the degree of the district court’s discretion’ by imposing threshold requirements that must be met before a request for an evidentiary hearing may be entertained.”) (quoting Baja v. Ducharme, 187 F.3d 1075, 1078 (9th Cir.1999)); Rodriguez v. Zavaras, 42 F.Supp.2d 1052, 1054-55 (D.Colo.1999) (<HOLDING>) (quoting Porter v. Gramley, 112 F.3d 1308, 
 Holding statements: (A) holding that the aedpa statute of limitations is not jurisdictional (B) holding that evidentiary hearing not necessary where proposed administrative action is based on undisputed material facts (C) holding that aedpa did not codify keeney but instead significantly curtails the availability of evidentiary hearings to develop material facts (D) holding that when a state has given petitioner a full and fair hearing on a claim and he has failed to develop material facts to support it he is not entitled to develop further facts in a federal habeas evidentiary hearing unless he demonstrates either cause for the failure and prejudice resulting therefrom or a fundamental miscarriage of justice (E) holding that an evidentiary hearing may be used to develop the factual basis of a prisoner complaint

Answer: (C)


Question: for a rational jury to find that Defendant Cloud was a member of the conspiracy for which he was indicted. The evidence demonstrated that Defendant Cloud combined his money together with Hall to purchase large quantities of drugs on repeated occasions. Defendant Hall testified that they would pool their money together and buy an eighth or a quarter of a kilogram of crack cocaine “every day almost.” In addition, Defendant Cloud sold drugs on repeated occasions to Collier, Felix, Wilson, Ralph Jones, Jermaine Jones, and Walker. Notably, Defendant Cloud’s distribution to Jermaine Jones occurred two to three times per week over the period in question. This evidence clearly can establish more than a buyer/seller relationship; it suffices to establish a conspiracy. See Brown, 332 F.3d at 373 (<HOLDING>). 2. Defendant Abdullah The evidence is 
 Holding statements: (A) holding that a close relationship between alleged conspirators and repeated large volume transactions were sufficient to establish a conspiracy (B) holding that the defendants purchase or sale of a large volume of narcoticsin that case one kilogram of cocainecreates an inference that he is a willful member of the conspiracy (C) holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators (D) holding that while a simple buy and sell transaction is not sufficient for proof of a conspiracy repeated transactions for large quantities are sufficient to support an inference that the buyer and seller were engaged in a conspiracy (E) holding that evidence of specific uncharged drug trafficking offenses were not extrinsic to prosecution for conspiracy to possess and distribute cocaine where the events occurred within the time period of the alleged conspiracy and were demonstrative of the conspirators conduct

Answer: (A)


Question: and steel-toed boots may be indispensable to plaintiffs’ principal activities without being integral. The donning and doffing of such generic protective gear is not different in kind from “changing clothes and showering under normal conditions,” which, under Steiner, are not covered by the FLSA. 350 U.S. at 249, 76 S.Ct. 330. Among the activities classified in the regulations as preliminary and post-liminary are “checking in and out and waiting in line to do so, changing clothes, washing up or showering, and waiting in line to receive pay checks.” 29 C.F.R. § 790.7(g) (emphasis added). The donning and doffing of generic protective gear is not rendered integral by being required by the employer or by government regulation. See Reich v. IBP, Inc., 38 F.3d 1123, 1126 (10th Cir.1994) (<HOLDING>); Anderson v. Pilgrim’s Pride Corp., 147 
 Holding statements: (A) holding that under the first amendment speech can be pursuant to a public employees official job duties even though it is not required by or included in the employees job description or in response to a request by the employer (B) holding that the national highway traffic safety commission acted arbitrarily and capriciously in revoking a motor vehicle safety standard without supplying a reasoned analysis (C) holding that like burglary car theft is a crime that often involves the use of weapons and other instruments of assault that could jeopardize police officer safety and thus justifies a protective frisk under terry to ensure officer safety (D) holding that donning and doffing safety glasses a pair of earplugs a hard hat and safety shoes although essential to the job and required by the employer are pre and postliminary activities (E) holding that when the officer has a reasonable suspicion that illegal drugs are in the vehicle the officer may in the absence of factors allaying his safety concerns order the occupants out of the vehicle and pat them down briefly for weapons to ensure the officers safety and the safety of others

Answer:
(D)