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: . The Honorable John A. Jarvey, Chief United States Magistrate Judge for the Northern District of Iowa, to whom this case was referred with the consent of the parties pursuant to 28 U.S.C. § 636(c)(3). 3 . Montandon also alleged Title VII claims against Todd and Ehlers in their personal capacities, as well as constructive discharge and intentional infliction of emotional distress claims. His wife, Tish Walker Montandon, claimed loss of consortium. The district court dismissed these claims. Because they have not been raised on appeal, they are deemed abandoned. See Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740-41 (8th Cir.1985). 4 . It remains to be seen whether our holding in Quick will remain the law. See Oncale v. Sundowner Offshore Servs., Inc., 83 F.3d 118 (5th Cir.1996) (<HOLDING>), cert, granted, - U.S. -, 117 S.Ct. 2430, 138 
 Holding statements: (A) holding that title vii does not address samesex harassment (B) holding that samesex sexual harassment claims are not actionable under title vii (C) holding that title vii does not protect employees from harassment based on sexual orientation (D) holding that samcscx sexual harassment claims are actionable under title vii (E) holding that title vii does not include a continuing violation doctrine

Answer: (A)


Question: the district court would have been de facto granting a continuance by declaring a mistrial and summoning new jurors. We decline here to find that the district court abused its discretion in denying a mistrial when the defendant’s own misconduct caused the alleged impartiality of the jurors and the court took reasonable steps to ensure the jurors could serve impartially. Williams v. Woodford, 306 F.3d 665, 723-24 (9th Cir.2002) (“The Sixth Amendment affords no relief when the defendant’s own misconduct caused the alleged juror partiality and the trial judge employed reasonable means under the circumstances to preserve the trial’s fairness”) (citing United States v. Hernandez, 952 F.2d 1110, 1116-18 (9th Cir.1991)). See also United States v. Harris, 2 F.3d 1452, 1456 (7th Cir.1993) (<HOLDING>). Because the district court afforded the 
 Holding statements: (A) holding that law will not permit insured to profit from his own breach of contract when insured disregarded his contractual obligation to cooperate with insurer (B) holding that a bank officer who obtained for his own benefit a profit participation in a real estate venture in exchange for loaning bank money misappropriated a corporate asset (C) holding that a defendant should not profit from his own outburst (D) recognizing in context of fraudulent nondisclosure cases that a defendant may reasonably expect the plaintiff to make his own investigation draw his own conclusions and protect himself (E) holding that outofstate plaintiff had procured his own absence at trial of his case where record contained no intimation that his absence resulted from any reason other than his own volition

Answer: (C)


Question: to the District Court’s application of AEDPA to petitioner’s constitutional claims and ask whether that resolution was debatable amongst jurists of reason.” Miller-El, 537 U.S. at 336. The district court determined that petitioner procedurally defaulted the first three of the five claims listed above by failing to properly appeal them to the OCCA. Petitioner raised these claims for the first time in his state application for post-conviction relief. When the trial court denied the application, petitioner attempted to appeal it to the OCCA, but he failed to foll ural default through a showing of cause and prejudice, and the district court concluded that his showing of actual innocence was not sufficient. See Coleman v. Thompson, 501 U.S. 722, 750, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991) (<HOLDING>); Schlup v. Delo, 513 U.S. 298, 321, 115 S.Ct. 
 Holding statements: (A) holding that the convention claim was procedurally defaulted (B) holding that courts may only review claims for fundamental miscarriage of justice (C) holding that fundamental miscarriage of justice standard requires petitioner to make threshold showing of actual innocence (D) holding that an argument not raised before the district court is procedurally defaulted (E) holding that federal court cannot review claim procedurally defaulted in state court absent showing of either cause and prejudice or a fundamental miscarriage of justice

Answer:
(E)