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: (9th Cir.2003) (<HOLDING>).' Amara’s remaining contentions are 
 Holding statements: (A) holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice (B) recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust (C) holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice (D) holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking (E) holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter

Answer: (A)


Question: previously discussed Wilson’s subjective complaints, then identified specific discrepancies between those complaints and the medical evidence. He noted that though she claimed back pain since 2000, she continued working till November 2002, when her company merged and she lost her job. He also noted that the record established that she walked with a normal unassisted gait, in contrast with her complaints about her problems walking. Additionally, he indicated that the record showed she had never been hospitalized for any orthopedic reason and had never taken any potent pain medication, though she claimed severely debilitating pain. The ALJ’s credibility finding was fully explained and is supported by substantial evidence. See, e.g., Hartranft v. Apfel, 181 F.3d 358, 362 (3d Cir.1999) (<HOLDING>). Wilson also contends, given her inability to 
 Holding statements: (A) holding that the alj did not err in discounting a claimants reports of pain where they were not supported by the medical record (B) holding that alj may not base adverse credibility finding on his perceptions of claimants pain at the hearing where record shows objective evidence of claimants pain (C) holding that alj properly evaluated credibility where he cited specific instances where claimants complaints about pain and other subjective symptoms were inconsistent with the objective medical evidence of record (D) holding that the alj properly relied on medical evidence undermining claimants subjective assessment of limitations (E) holding that an alj is entitled to make a credibility determination regarding the claimants subjective complaints after specifically addressing these complaints and reviewing the medical evidence in the record

Answer: (C)


Question: and then pass along all overhead costs to consumers, is too tenuous a connection to constitute a “resale” of the computer services themselves. Second, NHC’s business serves the “everyday needs” of the community. The Court recognizes some of NHC’s business is directed at providing specialized training to IT professionals on complex computer systems. Much of NHC’s business, however, is aimed at teaching consumers how to use basic computer programs in their daily professional and personal pursuits. Moreover, regardless of the level of complexity of the training, in today’s world, any type of computer training serves the everyday needs of the community. See Thornton v. McClatchy Newspapers, Inc., 261 F.3d 789, 801 (9th Cir.2001) (Berzon, J., concurring in part and dissenting in part) (<HOLDING>) (quoting Carl W. Battle, Smart Maneuvers: 
 Holding statements: (A) holding that there can be only one final appealable order (B) holding search of probationers computer by probation officers was reasonable even in absence of a search provision when conditions on probationers computer use reduced his expectation of privacy in his computer (C) holding that successful party is one who is the ultimate prevailing party in the litigation (D) recognizing that no one can realis tically expect to be successful in our world of megainformation without being able to use a computer (E) holding that a roommate with shared access to anothers computer has common authority over the computer and can grant consent to search

Answer:
(D)