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: the conversations as they occurred. Further, this officer testified that after speaking with Diana Buchanan during her arrest, he was “convinced” that the voice on the tape was Diana Buchanan’s. Although the district court did not elicit testimony as to all the Biggins elements, the officer sponsoring the recording gave adequate testimony to support the recording’s reliability. All the voices were identified, and there was no intimation that the tape had been altered. Further, the testifying officer explained how the recording was made, and testified as to its accuracy. Accordingly, we cannot say that the district court abused its discretion in admitting the tape as an accurate reproduction of relevant conversations. See United States v. Lance, 853 F.2d 1177, 1181-82 (5th Cir.1988) (<HOLDING>). C Diana Buchanan next argues that the 
 Holding statements: (A) holding that the  2d11b1 enhancement was proper where a firearm and drugrelated items were found in the defendants residence where he had also engaged in conspiratorial conversations (B) holding recordings properly authenticated where law enforcement agents who participated in the taped conversations testified that according to their memories the audio and video tapes contained accurate recordings of the conversations that occurred (C) holding that foreign bank documents found inside a persons home were properly authenticated (D) holding that the plaintiffs fourteenth amendment substantive due process claim was foreclosed because the fourth amendment provided protection for their claim that law enforcement officers participated in an unlawful seizure of their mobile home (E) holding that government met its burden with evidence that agents found a firearm and other drugrelated items in the defendants house where defendant engaged in conspiratorial conversations

SOLUTION: (B)

PROBLEM: essential element of an elevated breath alcohol level. Consequently, he contends that the judge’s ruling was essentially a determination that the exclusion of the BAT results left the State without sufficient proof to convict Defendant of the DWI charge, and that this constituted an adjudication of his innocence. Defendant also asserts that the judge’s oral comments that he had “reasonable doubt” and that he found Defendant “not guilty” further indicate that the judge deliberated on the merits of the case and acquitted Defendant of the DWI charge. Defendant does not, however, argue that the judge expressly ruled that Defendant was acquitted of the charges, nor would the record support such an assertion. See County of Los Alamos v. Tapia, 109 N.M. 736, 741, 790 P.2d 1017, 1022 (1990) (<HOLDING>). {20} The State concedes that jeopardy 
 Holding statements: (A) recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists (B) recognizing that an actual express judgment of acquittal precludes retrial regardless of any defects in the process leading to the judgment (C) holding that defects in service of process must be raised in preliminary objections (D) holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him (E) recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it

SOLUTION: (B)

PROBLEM: Hepler asserts that “a review of the evidence ... will show nothing other than the fact that [Hepler] did his job. There is no testimony or evidence, even from the Plaintiffs expert [Hillman], that [Hepler] knew either where the money came from in this matter or the items behind the numbers. There was no testimony or evidence that [Hepler] had access to records or other data that would suggest or indicate that any email or dissemination of information occurred with malice or a reckless disregard for the truth.” Hepler Memorandum, D.E. No. 546, 2-3. The Defendants argue that the corporate Defendants are all of affiliates or subsidiaries of Kore and therefore cannot conspire with one another. See Copperweld Corp. v. Indep. Tube Corp., 467 U.S. 752, 104 S.Ct. 2731, 81 L.Ed.2d 628 (1984) (<HOLDING>). See also Oksanen v. Page Mem’l Hosp., 945 
 Holding statements: (A) holding that parent corporation and whollyowned subsidiary are legally incapable of conspiring with each other (B) holding that parent corporation was not estopped from challenging mark which licensor had licensed to wholly owned subsidiary which was independent of parent and had separate employees records accounts offices and only one shared officer (C) recognizing separate corporate identity of parent despite evidence that parent was alterego of its subsidiary and was being sued for acts of its subsidiary (D) recognizing separate corporate identity of parent despite evidence that parent consolidated its profits and losses with that of its whollyowned subsidiary in presenting parents financial reports to shareholders that subsidiary was considered a division of parent and that subsidiary accounted for 60 of parents and subsidiarys combined operations (E) holding that a parent and its wholly owned subsidiary are legally incapable of conspiring with one another

SOLUTION:
(E)