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: reliance is essential element of negligent misrepresentation claim). Since Purchasers are estopped from relying on a representation outside of the agreement, they cannot sustain any of the causes of action that require justifiable reliance. Therefore, the fraud, negligent misrepresentation, and FBPA claims fail, even construing the pleadings most favorably to Purchasers. Nevertheless, Purchasers argue that the determination of justifiable reliance is a jury question. While justifiable reliance may be a jury question in a fraud case where no contract exists or where the contract has become void, it is a question of law in a case where the contract language prevails and the contract’s merger clause precludes reliance on oral representations. Compare City Dodge, 232 Ga. at 770 (<HOLDING>) with First Data POS, 273 Ga. at 796 (holding 
 Holding statements: (A) holding no justifiable reliance as a matter of law (B) holding that in fraud and nondisclosure claims a plaintiff must show actual and justifiable reliance (C) holding that where a merger clause is included in the written contract alleged collateral promises will not be enforced through fraud because under fraud the reliance must be reasonable (D) holding that the only fraud that could vitiate the contract is fraud that would invalidate the merger clause itself ie fraud relating to the merger clause or fraud that invalidates the entire contract including the merger clause quoting 3 corbin contracts  578 (E) holding that justifiable reliance is a jury question where the contract containing the merger clause was found invalid due to an antecedent fraud

Answer: (E)


Question: obligations, the United States government must conform its conduct to constitutional requirements. Grin v. Shine, 187 U.S. 181, 184, 23 S.Ct. 98, 100, 47 L.Ed. 130 (1902). See In re Burt, 737 F.2d 1477, 1485 (7th Cir.1984) (“when the conduct of the United States government is challenged, such conduct must be assessed in light of the Constitution”); Plaster v. United States, 720 F.2d 340, 348 (4th Cir.1983). Where an extradition court finds that extradition would violate the relator’s constitutional rights, the Executive branch may not extradite him. In re Burt, supra, 737 F.2d at 1484; Plaster v. United States, supra, 720 F.2d at 349. See also In re Extradition of Mahmoud Abed Atta, 1988 WL 66866 (E.D.N.Y. June 17, 1988) (unreported slip op.) (available on Westlaw, federal database) (<HOLDING>). However, an American court may not deny 
 Holding statements: (A) holding that juveniles may waive constitutional rights (B) recognizing defendants state and federal constitutional rights to testify (C) holding in the private sector context that flsa rights cannot be abridged by contract or otherwise waived  and stating that in any event congressionally granted flsa rights take precedence over conflicting provisions in a collectively bargained compensation arrangement (D) holding that constitutional rights in extradition take precedence over treaty terms (E) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights

Answer: (D)


Question: therefore properly denied Chen’s applications for asylum, withholding of removal, and CAT relief insofar as they were based on his sexual orientation. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir.2006). Substantial evidence also supports the agency’s denial of Chen’s application for CAT relief based on his claim of a likelihood of torture for having departed China illegally. Notwithstanding generalized evidence indicating that torture occurs in Chinese prisons, an applicant cannot demonstrate that he is more likely than not to be tortured “based solely on the fact that []he is part of the large class of persons who have left China illegally.” Mu Xiang Lin v. U.S. Dep’t of Justice, 432 F.3d 156, 159-60 (2d Cir.2005); see also Pierre v. Gonzales, 502 F.3d 109, 118-19 (2d Cir.2007) (<HOLDING>). Because Chen provided no basis for the agency 
 Holding statements: (A) holding that pain and suffering does not survive the death of the injured (B) holding that beyond evidence of inhumane prison conditions a cat claimant must provide some evidence that the authorities act with the specific intent to inflict severe physical or mental pain or suffering on those detained (C) recognizing as an element of pain and suffering (D) holding that detention in squalid overcrowded cells without adequate food water sanitation exercise or medical treatment in haitian prisons does not constitute torture under cat because there is no evidence that haitian authorities have the specific intent to inflict pain or suffering (E) recognizing as separate from pain and suffering

Answer:
(B)