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: to the federal district court, see 28 U.S.C. §§ 1441 and 1446, and moved for summary judgment, see Fed.R.Civ.P. 56. Defendants argued, among other things, that Preston lacked a property interest in his volunteer position with the VFD. Preston rejoined he was a “fire code official” under the Code and IFC and could not be fired except after a hearing and upon a showing of just cause. In December 2009, the district court granted defendants’ motion and dismissed Preston’s case with prejudice. Preston filed a motion to reconsider, see Fed. R.Civ.P. 59, which the district court denied. Preston appeals. II. DISCUSSION Before considering the merits of Preston’s appeal, we briefly examine the latent issue of subject matter jurisdiction. See Clark v. Baka, 593 F.3d 712, 714 (8th Cir.2010) (<HOLDING>) (quoting McAdams v. McCord, 533 F.3d 924, 927 
 Holding statements: (A) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (B) holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter (C) recognizing that even if neither party disputes this courts subject matter jurisdiction under 38 usc  7292 we are obligated to consider the issue sua sponte if there is reason to doubt that jurisdiction exists (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte

Answer: (E)


Question: strip frisk of an employee may only be conducted on the order of the Superintendent or Acting Superintendent. (The Officer of the Day may issue this order if the Superintendent or Acting Superintendent is absent from the facility and cannot be contacted). b. Strip frisks must be supervised by a uniformed supervisor having at least the rank of Lieutenant. c. No more than two frisking employees are to be present in addition to the supervising officer. d. Strip frisks shall be conducted in a location and manner which will cause the least possible embarrassment to the employee being searched. e. The supervising and searching officers must be of the same sex as the employee being searched. If a ranking female security supervisor is not available, the Superintendent shall designate a female (<HOLDING>) to conduct the search. f. An employee may 
 Holding statements: (A) holding that because there was no evidence before the court of any similarly situated employees who were promoted to a higher salary grade when plaintiff was denied a promotion plaintiff could not establish a prima facie case of discriminatory failure to promote (B) holding that a retiree with a sixth grade education who was given little time to review the terms had stated a claim (C) holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade (D) holding a higher grade than the employee being searched (E) holding the prosecution to a higher burden of proof than the law required is a valid raceneutral reason for excluding a juror

Answer: (D)


Question: grant mandamus relief and direct the 108th District Court to -withdraw its order denying Crawford’s plea to the jurisdiction and dismiss the Johnsons’ claims for lack of subject-matter jurisdiction. Our writ will issue only if the court fails to act in accordance with this opinion. 1 . 453 S.W.3d 450. The court of appeals concluded that Crawford is not entitled to mandamus relief because (1) "one could interpret” Crawford's five-month delay in filing its petition for writ of mandamus, shortly before trial, as an "effort to further hinder the timely adjudication of the Johnsons’ claims”; (2) even if the court could review the denial of Crawford's plea to the jurisdiction by mandamus, Crawford has not sh 2012 WL 5450826, at *1 (Tex.App.-Beaumont Nov. 8, 2012, no pet.) (mem.op.) (<HOLDING>); Carpenter v. Sw. Med. Examination Servs., 
 Holding statements: (A) holding that claims arising under the sixth amendment fall outside the jurisdiction of the court of federal claims (B) holding that because plaintiffs claims did not challenge the handling administration or payment of his flood claim or compliance with the act or the regulations the state law claims for breach of contract and tort are not preempted by the nfia (C) holding that the court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute (D) holding that claims are within the exclusive jurisdiction of the texas department of insurance because they concern the claims handling process (E) holding that the dwc has exclusive jurisdiction over a claim for misrepresentation of an insurance policy when the misrepresentation occurs within the claimsettlement process also holding that the plaintiffs claims for malicious prosecution and intentional infliction of emotional dis tress arose out of the carriers investigation handling and settling of a workers compensation claim

Answer:
(D)