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: policy becomes a composite of factors that bear on a better answer to the question, ‘How shall the losses be distributed?’ ”). Slain and Kripke argued that “[t]he situation with which we are concerned involves two risks: (1) the risk of business insolvency from whatever cause; and (2) the risk of illegality in securities issuance.” Slain & Kripke, supra, at 286. Analyzing the first risk — that of business insolvency-Slain and Kripke observed that the absolute priority rule allocates this risk to shareholders. Under the absolute priority rule, “stockholders seeking to recover their investments cannot be paid before provable creditor claims have been satisfied in full.” Id. at 261; see generally Consol. Rock Prods. Co. v. Du Bois, 312 U.S. 510, 520-21, 61 S.Ct. 675, 85 L.Ed. 982 (1941) (<HOLDING>); Case v. Los Angeles Lumber Prods. Co., 308 
 Holding statements: (A) holding that claims raised in later litigation were barred because they could have been fully litigated in chapter 11 reorganization process (B) holding that stockholders cannot participate in a plan of reorganization unless creditors claims have been satisfied in full (C) holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions (D) holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive (E) holding that debtor whose plan of reorganization had been confirmed by bankruptcy court could not later bring lender liability claims against creditors where those claims could have been raised in bankruptcy proceeding

Answer: (B)


Question: on one.” Strickland, 466 U.S. at 697, 104 S.Ct. at 2069. Capshaw cannot establish that his attorney’s performance was deficient for failing to object to the admission of cell phone records. His trial counsel would not have prevailed on such an objection under the governing law, and thus counsel’s performance was not deficient for failing to object. It is undisputed that the government obtained a court order, under 18 U.S.C. § 2703, requiring Sprint Nextel to produce the cell phone records of Capshaw and three other people to show calls between them during the period of the murder-for-hire plot. Obtaining those telephone rec ords through a § 2703 court order did not violate the Fourth Amendment. See Smith v. Mainland, 442 U.S. 735, 743-44, 99 S.Ct. 2577, 2582, 61 L.Ed.2d 220 (1979) (<HOLDING>). Capshaw had no reasonable expectation of 
 Holding statements: (A) holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home (B) holding that search warrant was constitutionally defective because it did not require notice (C) holding that an arrest warrant  without a search warrant  does not permit law enforcement authorities to enter a third partys home to legally search for the subject of the arrest warrant (D) holding that telephone company records of calls made from a defendants home did not require the government to seek a search warrant (E) holding that consent searches do not require probable cause to justify the search of a home

Answer: (D)


Question: acts of fraud, she must satisfy the requirements of Rule 9(b) twice. See Emery II, 134 F.3d at 1323. Ms. Goren’s amended complaint fails to allege a “pattern of racketeering activity” with sufficient particularity to satisfy the requirements of Rule 9(b). In fact, Ms. Goren’s attempt to allege a “pattern of racketeering activity” fails on several fronts. The first and most glaring deficiency in the amended complaint is its failure to allege two predicate acts. The amended complaint alleges only one fraudulent transaction — the sale of two bottles of “Essential Minerals” to Ms. Goren. This is simply not enough to state a claim under § 1962(c). Indeed, we have repeatedly held that a plaintiff’s conclusory allegations that “defendants” also defrauded unidentifi 918, 923 (7th Cir.1992) (<HOLDING>). Because the single sale to Ms. Goren is the 
 Holding statements: (A) holding that unspecified allegations that other companies were defrauded by use of the mails in the same manner as plaintiff did not satisfy particularity requirement of rule 9b (B) holding a complaint failed to satisfy rule 9b where the allegations were lacking in detail (C) holding that plaintiffs must provide more than conclusory allegations to satisfy rule 9bs requirement that circumstances of fraud be pleaded with particularity (D) holding allegations that fraudulent statements were made during fourmonth period insufficient to satisfy rule 9b (E) holding plaintiffs fraud claim failed rule 9b particularity requirement which in turn meant deceptive trade practices claim failed the particularity requirement

Answer:
(A)