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: as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, — U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the 
 Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo

SOLUTION: (D)

PROBLEM: the terms of the agreement as to the status of the donor in writing. After the mother and her partner ended their relationship, the sperm donor filed suit to adjudicate his parental rights. The court looked to the plain language of the Texas statute and determined that the sperm donor lacked standing to pursue the paternity action. See Tex. Fam.Code Ann. § 160.702 (Vernon Supp.2006) (“A donor is not a parent of a child conceived by means of assisted reproduction.”). The “do-it-yóurself” manner in which the artificial insemination was conducted does not alter the fact that B.O.C. was a sperm donor under section 742.14. The statute does not require that the artificial insemination be performed in a clinical setting to apply. Compare McIntyre v. Crouch, 98 Or.App. 462, 780 P.2d 239 (1989) (<HOLDING>), with C.O. v. W.S., 64 Ohio Misc.2d 9, 639 
 Holding statements: (A) holding that where the donor nonpaternity statute did not explicitly reference physician involvement the statute applied even though the sperm was not provided to a physician (B) holding that writ was explicitly abolished by statute (C) holding that the title of the statute did not limit the reach of the statute (D) holding that where first amendment freedoms are not infringed by the statute a vagueness claim must be evaluated as the statute is applied to the facts of the case (E) holding that the statute as applied violates the commerce clause

SOLUTION: (A)

PROBLEM: or federal laws that is inflicted pursuant to official policy.” Palmer v. City of San Antonio, Texas, 810 F.2d 514, 516 (5th Cir.1987); see also Monell v. Dept. of Social Servs., 436 U.S. 658, 691, 98 S.Ct. 2018, 2036, 56 L.Ed.2d 611 (1978) (“Congress did not intend municipalities to be held liable unless action pursuant to official municipal policy of some nature caused a constitutional tort.”). In order to establish liability in these instances, the plaintiff must identify “ ‘(1) a policy (2) of the governmental entity’s policymaker (3) that caused (4) the plaintiff to be subjected to a deprivation of constitutional right.’” Palmer, 810 F.2d at 516 (quoting Grandstaff v. City of Borger, Texas, 767 F.2d 161, 169 (5th Cir.1985)); see Monell, 436 U.S. at 690, 98 S.Ct. at 2036 (<HOLDING>). “Policy” has been defined as a “course of 
 Holding statements: (A) recognizing that courts normally give great deference to a legislative bodys determination whether or not a legitimate government purpose is served by an ordinance (B) holding that ojrdinarily when a regulation is not promulgated in compliance with the apa the regulation is invalid however when equity demands the regulation can be left in place while the agency follows the necessary procedures citation omitted (C) holding that the elements of a claim under  3729a2 are 1 that the defendant made used or caused to be made or used a record or statement to get a claim against the united states paid or approved 2 the record or statement and the claim were false or fraudulent and 3 the defendant knew that the record or statement and the claim were false or fraudulent emphasis added (D) holding that procedures that are implicit and incidental to procedures otherwise explicitly provided for in a properly adopted rule or regulation do not require further codification by a further adopted rule or regulation and to hold otherwise belies statutory intent   and that such an argument based on the lack of a rule or regulation to cover every step of the testing procedures  is not only speculative and theoretical but also hypertechnical (E) holding that the claim must be based upon the implementation or execution of a policy statement ordinance regulation or decision officially adopted and promulgated by that bodys officers

SOLUTION:
(E)