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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judg ment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. Fed. R. Civ. P. 60(b). “In deciding a Rule 60(b) motion, a court must balance the policy in favor of hearing a litigant’s claims on the merits against the policy in favor of finality.” Kotlicky v. United States Fid. & Guar. Co., 817 F.2d 6, 9 (2d Cir.1987) (citation omitted). Moreover, Rule 60(b) motions are left to the sound discretion of the district judge. See Nat’l Petrochemical Co. of Iran v. The M/T Stolt Sheaf, 930 F.2d 240, 244 (2d Cir.1991) (<HOLDING>). “To prevail on a motion for relief pursuant 
 Holding statements: (A) holding that motions to vacate a judgment are addressed to the sound discretion of trial justice (B) holding that a motion to vacate a judgment under fedrcivp 60b is addressed to the sound discretion of the trial court   citations omitted (C) holding that fedrcivp 60b motion premised on fraud on the court is available only to prevent a grave miscarriage of justice (D) holding that motion filed under fedrcivp 60b properly construed as successive  2255 motion (E) holding a motion to withdraw a guilty plea and grant trial is addressed to the sound discretion of the trial court and the supreme court will not upset the courts ruling unless there is a sufficient showing of abuse of discretion

Answer: holding that motions to vacate a judgment are addressed to the sound discretion of trial justice


Question: S.Ct. 1215, 43 L.Ed.2d 570 (1975).” Peters v. Narick, 165 W.Va. 622, 628 n. 13, 270 S.E.2d 760, 768 n. 13 (1980). This Court has determined repeatedly that the West Virginia Constitution may be more protective of individual rights than its federal counterpart. See, e.g., State v. Bonham, 173 W.Va. 416, 317 S.E.2d 5 Daley, 174 W.Va. 299, 324 S.E.2d 713 (1984) (state constitution compels striking limitation on soliciting after sunset even if federal constitution does not); Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 611, 319 S.E.2d 372, 379 (1984) (Article III, § 1 "more stringent in its limitation on waiver [of fundamental rights] than is the federal constitution”); Pushinsky v. West Virginia Board of Law Examiners, 164 W.Va. 736, 266 S.E.2d 444 (1980) (<HOLDING>); Pauley v. Kelly, 162 W.Va. 672, 707, 255 
 Holding statements: (A) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (B) recognizing that state constitution imposes more stringent limitations on power of state to inquire into lawful associations and speech than those imposed by federal constitution (C) recognizing exception under state constitution (D) holding that appellate court assumes appellant claims no greater protection under state constitution than that provided by federal constitution when state and federal claims not briefed separately (E) holding missouri constitution requires stricter separation of church and state than does federal constitution

Answer: recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution


Question: the same objections. (Govt.’s Opp’n [94] 3-4.) While the parties argue objections relating to matters as varied as timeliness, privilege, proper procedure, undue burden, materiality, this Court finds that the jurisdictional issue is dispositive. Defendant’s motion must be denied because it has provided no valid basis on which to compel a federal agency to comply with a subpoena. This Court must have authority to compel discovery. The most likely source are the Federal Rules of Civil Procedure. As the Government notes, however, Federal Rule of Civil Procedure 45 cannot provide a basis for granting defendant’s motion to compel because the United States is not a “person” within the meaning of that rule. See U.S. ex. rel. Taylor v. Gabelli, 233 F.R.D. 174, 175-76 (D.D.C.2005) (Leon, J.) (<HOLDING>); Lerner v. District of Columbia, 2005 WL 
 Holding statements: (A) holding that the defendant cannot overcome this presumption of service merely by denying that he did not receive the complaint (B) holding that the presumption that rule 45 does not apply to the federal government can only be overcome by affirmative evidence (C) holding evidence insufficient to overcome presumption of correctness (D) recognizing presumption and finding that it was overcome (E) holding the fourteenth amendment does not apply to the actions of the federal government

Answer:
holding that the defendant cannot overcome this presumption of service merely by denying that he did not receive the complaint