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.
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Question: 593, 598 (4th Cir.), cert. denied, — U.S. -, 117 S.Ct. 1, 135 L.Ed.2d 1098 (1996), and of mixed questions of law and fact, see Miller v. Fenton, 474 U.S. 104, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985). However, the state court’s factual findings underlying those determinations are presumed to be correct and binding, as long as they were made after a full, fair, and adequate hearing on the merits. See 28 U.S.C.A. § 2254(d) (West 1994) (pre-AED-PA); see also Sumner v. Mata, 449 U.S. 539, 546-47, 101 S.Ct. 764, 768-69, 66 L.Ed.2d 722 (1981). The habeas petitioner bears the burden of es ing that the findings of the trial court on discriminatory intent in Batson challenge are reviewed for clear error); Dayton Bd. of Educ. v. Brinkman, 443 U.S. 526, 534, 99 S.Ct. 2971, 2977, 61 L.Ed.2d 720 (1979) (<HOLDING>); Jones v. Plaster, 57 F.3d 417, 421 (4th 
 Holding statements: (A) holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard (B) holding that the question of causation in a prima facie case of retaliation brought under general statutes  46a60 is factual in nature and thereby subject to the clearly erroneous standard of review (C) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (D) holding that pretext is subject to the clearly erroneous standard (E) holding that a finding of accommodation is reviewed under the clearly erroneous standard of review instead of under a de novo standard

Answer: holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard


Question: acted outside their jurisdiction. In sum, none of Pasiewicz’s arguments show that Sandahl and Henning violated the Constitution when they arrested him. They and the other officers (Johnson in particular) certainly could have, and we think should have, proceeded with more caution. They get no commendation ribbons for the way they handled this case. Pasiewicz’s claim against the forest preserve district (even assuming it’s a suable entity) for failure to train or supervise its officers properly regarding the laws of search, seizure, and jurisdiction is a born loser. Because the officers did not violate Pasiewicz’s constitutional rights, he did not suffer constitutional injury. Accordingly, under City of Los Angeles v. Heller, 475 U.S. 796, 799, 106 S.Ct. 1571, 89 L.Ed. 1412 (D.D.C.1983) (<HOLDING>), it is worth pointing out that Ross involved 
 Holding statements: (A) holding that knockandannounce principle is an element of the fourth amendment reasonableness inquiry because we have little doubt that the framers of the fourth amendment thought that the method of an officers entry into a dwelling was among the factors to be considered in assessing the reasonableness of a search and seizure (B) holding that an arrest made by an officer outside his jurisdiction does not violate the fourth amendment (C) holding that whether an officers force was reasonable must be analyzed under the reasonableness standard of the fourth amendment (D) holding that a search incident to a lawful arrest does not violate the fourth amendment (E) holding that the concept of reasonableness in the fourth amendment logically presupposes an exercise of lawful authority by a police officer

Answer: holding that knockandannounce principle is an element of the fourth amendment reasonableness inquiry because we have little doubt that the framers of the fourth amendment thought that the method of an officers entry into a dwelling was among the factors to be considered in assessing the reasonableness of a search and seizure


Question: First Nat. Bank of York v. Critel, 251 Neb. 128, 555 N.W.2d 773 (1996). See, also, Talkington v. Womens Servs., 256 Neb. 2, 588 N.W.2d 790 (1999). An abuse of discretion occurs when the trial court’s decision is based upon reasons that are untenable or unreasonable or if its action is clearly against justice or conscience, reason, and evidence. Talkington v. Womens Servs., supra. ANALYSIS Jurisdictional Question. Lee Sapp argues that this court does not have jurisdiction over this appeal because Merrill Lynch did not file a motion to vacate the default judgment, but “a non-existent motion for an order ‘staying the execution of the judgment ....’” Brief for appellee Lee Sapp at 3. In support of Lee Sapp’s position, it cites Blitzkie v. State, 216 Neb. 105, 342 N.W.2d 5 (1983) (<HOLDING>), and Anderson v. Matthis, 246 Neb. 215, 518 
 Holding statements: (A) holding that a motion to dismiss based on a forumselection clause should be treated as a rule 12b3 motion to dismiss for improper venue (B) holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable  (C) holding that motion to dismiss cannot be treated as summary judgment (D) holding that a motion to dismiss or for summary judgment precluded default judgment (E) holding that a rule 12b6 motion to dismiss should be treated as a motion for summary judgment when plaintiffs counsel relied upon facts outside the four corners of the complaint during oral argument of the motion

Answer:
holding that a motion to dismiss based on a forumselection clause should be treated as a rule 12b3 motion to dismiss for improper venue