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.
--------
Question: 526 (6th Cir.2006) (explaining that “retire” is not synonymous with “age,” and holding that without more, employer’s statement that' plaintiff should “retire and make everybody happy” was not direct evidence of age discrimination); Erickson v. Farmland Indus., Inc., 271 y attitude during the 2010 discussion, Dunn has failed to show a specific link between the Board’s attitude and its decision to nonrenew his contract. After all, not only was there an almost two-year gap between the Board’s 2010 discussion and the 2012 nonrenewal, but the Board rehired Dunn twice during this period despite him being at least sixty years old. Given these circumstances, any link between the 2010 discussion and the 2012 nonrenewal is too attenuated to constitute direct evidence. See Bone, 686 F.3d at 954 (<HOLDING>); Haigh v. Gelita USA, Inc., 632 F.3d 464, 470 
 Holding statements: (A) holding that in order to raise prejudicial comments of trial court on appeal defendant must object to comments when made and move for a mistrial (B) holding that a supervisors repeated comments to an employee that the supervisor wanted to have sex with the employees fifteenyearold daughter were extremely severe because the comments were significantly more offensive than the typical crass comments we have found to be insufficient to constitute harassment in other cases (C) holding that comments relating to age made some three to fifteen or more years prior to plaintiffs discharge were not relevant to show that he was fired because of his age (D) holding that comments made at least four months before the adverse employment action were not connected to the decisionmaking process and thus were not direct evidence of age discrimination (E) holding that supervisors reactions to comments did not constitute direct evidence of age discrimination where comments were made six months prior to plaintiffs discharge and were unconnected to the discharge decision

Answer: (E)


Question: defendant to trust the advice of his counsel in weighing the immigration consequences of his decision. Petitioner’s counsel advised him that he would “in all likelihood, receive a sentence of only one to three years’ imprisonment.” (Id.) The fact that this turned out to be true, buttresses the court’s conclusion that it was reasonable for Petitioner to rely on his counsel’s advice in making his immigration decisions. Second, and more importantly, however, case law before IIRIRA held that even an alien who received a sentence longer than five years might have maintained eligibility for § 212(c) relief, provided that the alien had not served five years of his sentence at the time of his removal hearing. See Matter of Ramirez-Somera, 1992 WL 301623, 20 I. & N. Dec. 564, 566 (BIA 1992) (<HOLDING>). Thus, the fact that Petitioner could have 
 Holding statements: (A) holding that sentences of five years in prison followed by ten years probation were illegal sentences that exceeded the statutory maximum of five years for a thirddegree felony (B) holding that magistrate judge had jurisdiction to dismiss prison inmates action under 42 usc  1983 as frivolous without consent of defendants because defendants had not been served yet and therefore were not parties (C) holding that a potential prison sentence of up to five years was clearly serious (D) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced (E) holding that an immigrant defendant is eligible for  212c relief despite having been sentenced to a fifteen year prison term because he had not yet served five years of the sentence

Answer: (E)


Question: National Bank of Richmond, 223 Va. 519, 290 S.E.2d 863 (1982), held that exempt funds deposited into a general account and commingled with non-exempt funds lose their exempt status. Accordingly, because these funds have been commingled with non-exempt funds in a general bank account, which has been used by both parties to pay individual and joint bills, the social security benefits are no longer exempt. While the court is aware that several federal courts have questioned the holding of Bernardini, the court will adhere to this binding precedent. See NCNB Financial Services v. Shumate, 829 F. Supp. 178, 180-81 (W.D. Va. 1993), aff’d sub nom. NationsBank of North Carolina, N.A. v. Shumate, 45 F.3d 427 (4th Cir. 1994), cert. den. 515 U.S. 1161, 132 L. Ed. 2d 859, 115 S. Ct. 2616 (1995) (<HOLDING>). The Bernardini court distinguished Philpott 
 Holding statements: (A) holding a social security number is not private (B) holding that the express language of  407a and the clear intent of congress that social security benefits not be attachable (C) holding that under 42 usc  407a social security benefits commingled with other nonexempt funds in a bank account remain exempt if the funds are reasonably traceable to social security income (D) holding that use of social security benefits satisfied child support obligation (E) holding that  407a imposes a broad bar against the use of any legal process to reach all social security benefits

Answer:
(C)