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: that placed a forty-five day time limit on the administrator’s decision to grant or deny a license. See Redner, 29 F.3d at 1500. In the event the administrator exceeded the forty-five day time limit, the ordinance stated that “the applicant may be permitted to begin operating the establishment for which a license is sought," unless and until the County Administrator notifies the applicant of a denial of the application.” See id. at 1500-01 (citation omitted). We held that the ordinance was unconstitutional on its face because its use of the word “may” rather than “shall” allowed the individuals responsible for enforcing the ordinance to suppress the protected expression for an indefinite time period prior to any action on their part or any judicial determination. See id. at 1501 (<HOLDING>). In Lady J. Lingerie, we examined the 
 Holding statements: (A) holding that a plaintiff had standing to attack an entire ordinance including portions of the ordinance not applied to the plaintiff (B) holding that a party may not invoke the capable of repetition yet evading review exception where its failure to obtain prompt relief has prevented judicial review (C) holding also that the ordinance failed to provide for prompt judicial review (D) holding that because here the statutes in issue provide for judicial review via citizen suit provisions yet do not set forth a standard for that review judicial review is limited to apa review on the administrative record (E) holding that the llupa does not provide for judicial review of a request to change a comprehensive zoning plan

SOLUTION: (C)

PROBLEM: intent and the public authority defense at a new trial, it should also provide an appropriate instruction articulating that reliance on the apparent authority of a government official is not a viable defense. 7 . In light of our conclusion that the district court properly granted a new trial, we need address only one additional issue on appeal. Michael contends that his indictment was defective because it failed to provide him with proper notice of the three drug-related violations underlying the continuing criminal enterprise count. His argument is without merit, however, because the CCE count in the indictment expressly incorporated by reference the predicate drug violations upon which the jury relied in convicting Michael. See United States v. Tipton, 90 F.3d 861, 863 (4th Cir.1996) 
 Holding statements: (A) recognizing that a court is permitted to rely on documents incorporated into the complaint by reference and matters of which a court may take judicial notice (B) holding that reference to ordinance is not improper reference to an external document because injunction sufficiently describes the act sought to be enjoined and reference to the ordinance as stated in the injunction is merely to give further notice as to the enjoined conduct but the reference was unnecessary to give the appellants sufficient notice of that conduct (C) holding that an indictment which incorporated by reference the predicate drugrelated violations was sufficient to provide adequate notice for a cce count (D) holding that a single implicit reference to the email in which the complaint makes no explicit reference to nor does it quote at all from is insufficient to establish that the email was incorporated by reference into the complaint (E) holding that an indictment gave sufficient notice when the indictment charged the elements of the offense

SOLUTION: (C)

PROBLEM: shall discharge the prisoner or resentence hi ant is found guilty on a multicount indictment, there is a strong likelihood that the district court will craft a disposition in which the sentences on the various counts form part of an overall plan. When the conviction on one or more of the component counts is vacated, common sense dictates that the judge should be free to review the efficacy of what remains in light of the original plan, and to reconstruct the sentencing architecture upon remand, within applicable constitutional and statutory limits, if that appears necessary in order to ensure that the punishment still fits both the crime and the criminal. United States v. Pimienta-Redondo, 874 F.2d 9, 14 (1st Cir.1989), cert. denied, 493 U.S. 890, 110 S.Ct. 233, 107 L.Ed.2d 185 (1989) (<HOLDING>). Furthermore, a court sentencing a defendant 
 Holding statements: (A) holding that resentencing is required (B) holding that in addition to a remand for clarification another option in these circumstances is to remand for resentencing (C) holding that the double jeopardy clause did not bar resentencing on counts that were affirmed on appeal when a sentence of imprisonment on another count was vacated (D) holding that on direct appeal appellate court may remand for resentencing of all counts (E) holding that issues underlying all counts were sufficiently intertwined that the separate appeal of the summary judgment counts would complicate the trial of the remaining counts

SOLUTION:
(D)