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: essential element of an elevated breath alcohol level. Consequently, he contends that the judge’s ruling was essentially a determination that the exclusion of the BAT results left the State without sufficient proof to convict Defendant of the DWI charge, and that this constituted an adjudication of his innocence. Defendant also asserts that the judge’s oral comments that he had “reasonable doubt” and that he found Defendant “not guilty” further indicate that the judge deliberated on the merits of the case and acquitted Defendant of the DWI charge. Defendant does not, however, argue that the judge expressly ruled that Defendant was acquitted of the charges, nor would the record support such an assertion. See County of Los Alamos v. Tapia, 109 N.M. 736, 741, 790 P.2d 1017, 1022 (1990) (<HOLDING>). {20} The State concedes that jeopardy 
 Holding statements: (A) recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists (B) recognizing that an actual express judgment of acquittal precludes retrial regardless of any defects in the process leading to the judgment (C) holding that defects in service of process must be raised in preliminary objections (D) holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him (E) recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it

SOLUTION: (B)

PROBLEM: Ms. Goren bases her statement of facts on her second amended complaint. That complaint, however, is not before this court. On September 3, 1997, the district court entered a judgment dismissing Ms. Goren’s complaint. Ms. Goren subsequently filed a motion pursuant to Rule 59(e) of the Federal Rules of Civil Procedure to alter or amend judgment to permit filing of a second amended complaint. Ms. Goren attached her proposed second amended complaint to that motion. On October 23, 1998, the court entered an order denying Ms. Goren’s motion. In her opening brief, Ms. Goren devoted nearly her en tire argument to the district court’s decision dismissing her amended complaint. Indeed, there is no “Issue Presented" or meaningful argument regarding the district court’s denial of Ms. Goren’s 93) (<HOLDING>). 5 . At oral argument, Ms. Goren’s counsel 
 Holding statements: (A) holding that a prisoner did not engage in protected conduct when he threatened to file a frivolous grievance (B) holding that attorney who allegedly prepared false private placement memoranda regarding limited partnership did not conduct affairs of enterprise because he did not direct  the legal entities he represented to engage in particular transactions (C) holding that appellant forfeited his complaint regarding his sentence because he did not object at trial (D) holding that the defendant had abandoned any possessory or privacy interest in bags found in the truck he was driving where he stated that he did not own the bags did not know who did and did not know what was in them (E) holding that harold fine did not have direct and independent knowledge because he did not personally conduct the audits that led to the public disclosures

SOLUTION: (B)

PROBLEM: paid out an allegedly undervalued lump sum to his bank account in the Northern District of Illinois "arguably supports that the 'breach took place’ in the Southern District of Illinois....” Appellant's Br. at 15 n. 5. We shall not consider this undeveloped argument. See United States v. Berkowitz, 927 F.2d 1376, 1384 (7th Cir.1991) ("We repeatedly have made clear that perfunctory and undeveloped arguments, and arguments that are unsupported by pertinent authority, are waived....”). 2 . This court has addressed the meaning of § 1132(e)(2)’s service of process provision ("and process may be served in any other district where a defendant resides or may be found”). See Bd. of Trustees, Sheet Metal Workers' Nat’l Pension Fund v. Elite Erectors, Inc., 212 F.3d 1031, 1035-37 (7th Cir.2000) (<HOLDING>). Elite Erectors did not determine, however, 
 Holding statements: (A) recognizing that erisas venue provision can provide broad access to the federal courts and clarifying that nationwide service of process is available only if the suit is an action under this subchapter   emphasis in original quoting 29 usc  1132e2 (B) holding such service satisfies due process (C) holding that ricos nationwide service of process provision did not authorize service outside the united states (D) recognizing that it is well settled law that an action is commenced by the service of a summons and without valid service of process the trial court has no jurisdiction to act (E) holding that  1132e2 allows for nationwide service of process and thus jurisdiction and that the nationwide service of process provision comports with the constitution

SOLUTION:
(E)