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: or creating documents with mistakes on them and signing my name to them to make me appear as if I had been inaccurate .... ” Paragraph 25: The sentence “I confidentially complained about this behavior to Bruce Smith, who, instead of taking action to prevent Burchfield from continuing her pattern of behavior toward me, apparently told Burchfield to counsel me.” Paragraph 32: The sentence “I believe that this move was the beginning point of a concerted effort to remove me from the workplace based on my age.” Paragraph 36: The sentence “I believe that Albertson’s did not provide all of the time sheets from all vendors of temporary help.” Paragraph 37: The sentence “I believe that my combination of formal college education and experience, even though I did not obtain a co h Cir.1983) (<HOLDING>). With respect to paragraphs 22, 28, 34, 39, 
 Holding statements: (A) holding a single conversation to be sufficient evidence of dissolution to preclude summary judgment (B) holding that mere conclusion of affiant without some supporting facts are insufficient to raise fact issue necessary to preclude summary judgment (C) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal (D) recognizing that the plaintiffs mere assertions that the defendant had a discriminatory intent were inadequate without substantial factual evidence to raise an issue to preclude summary judgment (E) holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party

SOLUTION: (D)

PROBLEM: opens the door by suggesting the victim’s behavior is inconsistent with that of an abused child. As noted below, many other courts have allowed testimony that a child victim’s behavior or symptoms are “consistent with” child abuse trauma as rebuttal evidence. That is not what happened in this case. Just two years ago, in State v. Favoccia, the Supreme Court of Connecticut thor oughly reviewed the conflicting precedent and policy considerations in reaching the same conclusion we reach today. 306 Conn. 770, 51 A.3d 1002, 1012-22 (2012). The Favoccia court overturned its own precedent to hold that “the trial court abused its discretion in permitting [the expert] to testify about the complainant’s behaviors being consistent -with those generally characteristic 6, 671 N.E.2d 984, 985 (1996) (<HOLDING>); State v. Chamberlain, 137 N.H. 414, 628 A.2d 
 Holding statements: (A) holding that the trial court had abused its discretion in dismissing the case without allowing appellants an opportunity to amend (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding admission of expert testimony not erroneous where expert described typical traits and characteristics of sexually abused children (D) holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case (E) holding that the testimony of an expert witness is admissible when the witness outlines the general characteristics of sexually abused children and then states that the victims symptoms are consistent with those characteristics

SOLUTION: (D)

PROBLEM: RFDI’s behalf) and Schmidt (subcontractor to Stokes for installation of the racking system). Interlake also introduced no expert testimony of its own; it did not introduce the testimony of the previously precluded experts, Kath leen Murphy R.N., or Gary Barach. Instead, Interlake elected to rely on: its cross-examination of Rice and a reading from the transcript of Rice’s deposition taken before the first trial. N.T., 02/23/10 at 7-25. In addition, Interlake read to the jury selections from: the transcript of the prior trial testimony of Dr. Jeffrey Ketchman, plaintiff’s design expert {id. at 27-125); the deposition of Brian Tumulty, formerly RFDI’s chief financial officer {id. at 128-131); the prior trial testimony of Charles Daniel Willis, a former em 598, 493 A.2d 669, 672-74 (1985) (<HOLDING>); Berkeihiser v. DeBartolomeo, 413 Pa. 158, 
 Holding statements: (A) holding that superior court erred in granting judgment nov and remanding for a new trial generally (B) holding that superior courts erred in granting judgment nov on a wrongful death claim and remanding for new trial on that claim and on damages (C) holding that superior court erred in reversing trial courts order granting new trial and remanding for a new trial limited to apportionment of damages (D) holding that the superior courts erred to the extent that it allowed a new trial on a lung cancer claim and affirming the grant of a new trial limited to noncancer injury claims (E) holding that trial court erred by granting a directed verdict on statute of limitations defense and remanding for a new trial on the statute of limitations only

SOLUTION:
(C)