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: that is presumptively constitutional). The only case of which I am aware construing DeFillippo and denying qualified immunity is Carey v. Nevada Gaming Control Board, 279 F.3d 873 (9th Cir. 2002). But in that case “two Ninth Circuit cases [were] directly on point” because they had declared parallel statutes of other States — permitting an arrest for refusing to identify oneself — unconstitutional. Id. at 881. That of course does not remotely describe today’s case. Nor does Sandul v. Larion, 119 F.3d 1250 (6th Cir.1997), offer any refuge to Leonard. It dealt not with the question whether an officer could be denied qualified immunity for failing to predict a judicial ruling declaring a statute unconstitutional but with whether the statute covered the plaintiffs conduct. See id. at 1256 (<HOLDING>). In the end, Leonard not only asks us to take 
 Holding statements: (A) holding that an arrest to retrieve car keys where ownership of the car was in dispute was not supported by probable cause (B) holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same (C) holding that shouting epithets from a moving car did not provide probable cause to arrest the plaintiff under a disorderlyconduct statute (D) holding invalid warrant did not create probable cause for arrest (E) holding that warrantless arrest based on probable cause did not violate the fourth amendment

SOLUTION: (C)

PROBLEM: the action should pro ceed among the existing parties or be dismissed. Fed.R.Civ.P. 19(b). Defendant neglected to offer any explanation for how and why Mr. Stroud is essential, other than that he was named in the underlying state court case. That is not enough. Mr. Stroud is not a necessary or indispensable party under Rule 19 because this Court can administer complete relief — an order compelling arbitration— among the existing parties and Mr. Stroud himself is not claiming an interest in this arbitration action that will be impaired by his absence. Although failing to dismiss this case may result in piecemeal litigation, that factor alone is not compelling enough to find Mr. Stroud to be an indispensable party. Cf. Doctor’s Assocs., Inc. v. Distajo, 66 F.3d 438, 446 (2d Cir.1995) (<HOLDING>). This Court therefore properly limits its 
 Holding statements: (A) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (B) holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived (C) holding that district courts are required to compel arbitration of claims subject to arbitration clause even if the result is piecemeal litigation (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that in determining whether diversity jurisdiction exists in petition to compel arbitration district court was correct in looking only to citizenship of parties in action before it  parties who signed arbitration agreement  and that nondiverse agents in underlying state case were not indispensable parties as any potential prejudice resulting from piecemeal litigation is overcome by faas strong bias in favor of arbitration

SOLUTION: (E)

PROBLEM: to § 501.2105, Florida Statutes (2009), because Goble did not discuss any of the factors that may justify an award of attorneys’ fees or demonstrate that his attorneys expended any meaningful time defending BCS’s FDUTPA claim. (Doc. No. 165 at 6.) Goble objected to the Magistrate’s finding by reprinting nearly verbatim the arguments made in his Motion for Attorneys’ Fees which the Magistrate rejected in the Report and Recommendation. (Compare Doc. No. 155 at 5-6, with Doc. No. 165 at 10-11.) By merely reprinting verbatim the arguments made in his Motion for Attor neys’ Fees, Goble has failed to “specifically identify the portions of the proposed findings and recommendation to which objection is made and the specific basis for objection.” See Macort v. Prem, Inc., 208 Fed.Appx. at 785 (<HOLDING>). Goble’s actions are akin to lodging a general 
 Holding statements: (A) holding that the court will review the report and recommendation for clear error (B) holding that the proper review for the trial courts application of the law is de novo (C) holding in the criminal context that a district courts obligation to make a de novo determination with respect to the portions of a magistrate judges report and recommendation to which objections are made did not require a de novo hearing (D) holding that this court is not bound by the conclusions of law reached by the trial court and the applicable standard of review for such issues is de novo (E) holding that merely reciting language from a previous order of the court or failing to set forth the applicable law is not a specific objection to anything in the report and recommendation that would trigger de novo review by the district court

SOLUTION:
(E)