instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
likely causes of the engine failure are related to components of the oil delivery system, components of the cylinder assembly, cracked crankcase or an oil leak in general, etc.” As such, the Court finds that Mr. Klepacki’s opinion regarding the more likely causes of engine failure should be excluded. Plaintiffs Expert Donald Sommer Even assuming, without deciding, that Mr. Sommer is qualified to testify as an expert on piloting and accident reconstruction, including engine failure analysis, the Court must still find that the process he used in forming his expert opinion is suffi ciently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc., 326 F.3d at 1342 (stating that “one may be considered an expert but still offer unreliable testimony”); cf. McCorvey, 298 F.3d at 1257 (<HOLDING>). The Court must also find that the testimony 
 Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (C) holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge  (E) holding that rjulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology
answer:
holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial


question:
Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt
answer:
recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify


question:
with the majority opinion affirming the order of the superior court dismissing the declaratory action brought by Hudson International, Inc., et. al. I write separately to note that in this case, there exists an unusually close relationship between Fitzgerald' S. Hudson and Hudson International. Furthermore, the trial court in the action filed in District Court, Wilson County, found that the “Southerly” property was within the jurisdiction of the district court to be equitably distributed as marital property; additionally, the trial court found that Fitzgerald Hudson’s actions with respect to “Southerly” evidenced his “calculated intent ... to divest the Plaintiff of her marital property rights” therein. Thus, the decision of Garrison v. Garrison, 90 N.C. App. 670, 369 S.E.2d 628 (1988) (<HOLDING>), controls the outcome of this case. However, 
 Holding statements: (A) holding citys plea to the jurisdiction in rule 202 proceeding properly denied because district court had jurisdiction over portion of claim under investigation even if city and governmental agency had exclusive jurisdiction over another portion of claim (B) holding that the court had no jurisdiction over an alleged breach of a plea agreement (C) holding over (D) holding that the superior court had no jurisdiction over the division of marital property when the district court had properly invoked jurisdiction over the property (E) holding that court had no supplemental jurisdiction over claim by shareholder for breach of merger agreement that was the subject of the dispute between the merger partners over which the district court had subject matter jurisdiction
answer:

holding citys plea to the jurisdiction in rule 202 proceeding properly denied because district court had jurisdiction over portion of claim under investigation even if city and governmental agency had exclusive jurisdiction over another portion of claim