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: between cases brought under the federal law and those brought under Maine law. While the First Circuit does make a distinction, it ultimately holds that the negligence per se doctrine of Pratico is strictly limited to cases brought under FELA, and it strongly implies that the doctrine will not be expanded. Elliott v. S.D. Warren Co., 134 F.3d 1, 4 (1st Cir.1998). 4 . Castine argues that the trooper testified at trial to matters that he had not previously indicated he would address, and therefore, it was unfairly surprised at trial. Generally, a continuance is the appropriate remedy when a party seeks to admit “surprise" evidence at trial. Because Castine did not seek a continuance, however, it may not now claim unfair surprise. See Pettitt v. Lizotte, 454 A.2d 329, 332-33 (Me.1982) (<HOLDING>). 5 . Because violation of a safety regulation 
 Holding statements: (A) holding the immigration judges denial of a continuance request did not constitute an abuse of discretion (B) holding that the district court did not abuse its discretion in allowing plaintiffs expert witness to testify when it also allowed defendants expert witness who disputed the methodology used by plaintiffs expert to testify (C) holding denial of continuance to be an abuse of discretion (D) holding that trial court did not abuse its discretion by determining expert witness was qualified to testify (E) holding that there was no abuse of discretion in allowing a defendants surprise fact witness to testify because the plaintiff did not request a continuance

SOLUTION: (E)

PROBLEM: 2d 266, ¶ 35 (discussing the reasoning in Brunst as being that "unless these 'time immemorial' duties were constitutionally protected from interference by others, the constitutional provision securing the people the right to choose sheriffs would become meaningless"). It seems incongruous to us that the policy of keeping duties within the office of sheriff because he is elected and answerable to the electors is consistent with the holdings in WPPA II (and, more recently Brown County), where the court held that because the duty was characteristically the sheriffs, he can, as a result, contract with third parties for the carrying out of the duty. Yet, we are bound by WPPA II (and its interpretation of Brunst) and Brown County. See Cook v. Cook, 208 Wis. 2d 166, 190, 560 N.W.2d 246 (1997) (<HOLDING>). ¶ 29. For the reasons stated, we reverse the 
 Holding statements: (A) holding that one panel cannot overrule a prior panels published decision (B) holding that court of appeals may adopt such waiver rule (C) holding court of appeals erred in refusing to take judicial notice of published puc order (D) holding that the court need not follow a decision of the district of columbia court of appeals where  it appears that the  court of appeals itself would not follow that decision (E) holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals

SOLUTION: (E)

PROBLEM: 1983). VI CONCLUSION To sum up, the Act of 1871 was a response to a profound breakdown in state government. Congress guaranteed by Section 1 of the Act that every person should have a federal remedy for failure of any state actor to afford a person the rights, privileges and immunities secured by the Constitution and laws of the United States. Among the rights secured by the Fourteenth Amendment is that no state shall deprive a person of property without due process of law, nor deny to that person the equal protection of the laws. In the setting of municipal land use controversies, our State has well established procedures, including judicial review of municipal governance, to assure government under law. See Pizzo Mantin Group v. Township of Randolph, 137 N.J. 216, 645 A.2d 89 (1994) (<HOLDING>). We are satisfied that the principles of 
 Holding statements: (A) holding that municipal government may not exercise unguided developmental powers but must incorporate standards of decision in dulyenacted ordinances (B) holding that a policy for purposes of municipal liability may be established by an officials single decision (C) recognizing that citizens who exercise their rights under the initiative provisions act as and become in fact the legislative branch of the municipal government  (D) holding that municipal pension boards may not be sued (E) holding a court of criminal appeals may not exercise its sentence approval powers to criticize a state court conviction

SOLUTION:
(A)