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. 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.
PROBLEM: S.Ct. 1215, 43 L.Ed.2d 570 (1975).” Peters v. Narick, 165 W.Va. 622, 628 n. 13, 270 S.E.2d 760, 768 n. 13 (1980). This Court has determined repeatedly that the West Virginia Constitution may be more protective of individual rights than its federal counterpart. See, e.g., State v. Bonham, 173 W.Va. 416, 317 S.E.2d 5 Daley, 174 W.Va. 299, 324 S.E.2d 713 (1984) (state constitution compels striking limitation on soliciting after sunset even if federal constitution does not); Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 611, 319 S.E.2d 372, 379 (1984) (Article III, § 1 "more stringent in its limitation on waiver [of fundamental rights] than is the federal constitution”); Pushinsky v. West Virginia Board of Law Examiners, 164 W.Va. 736, 266 S.E.2d 444 (1980) (<HOLDING>); Pauley v. Kelly, 162 W.Va. 672, 707, 255 
 Holding statements: (A) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (B) recognizing that state constitution imposes more stringent limitations on power of state to inquire into lawful associations and speech than those imposed by federal constitution (C) recognizing exception under state constitution (D) holding that appellate court assumes appellant claims no greater protection under state constitution than that provided by federal constitution when state and federal claims not briefed separately (E) holding missouri constitution requires stricter separation of church and state than does federal constitution

SOLUTION: recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution

PROBLEM: on the circuit court orders and the statements of defense counsel at the hearing. We hold that neither the doctors nor the trial court could rely on facts and legal conclusions within the circuit court orders. Thus, the doctors’ assertions at the hearing, which were based on facts within the orders, constituted factual statements of counsel. Moreover, the orders were, in effect, memoranda submitted by counsel. In any event, the trial court could not properly consider factual statements from either when deciding the motions, however they are characterized. Cf. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995) (noting that the ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint); Gilmore, 290 S.C. 53, 348 S.E.2d 180 (<HOLDING>). This is not to say that circuit court orders 
 Holding statements: (A) holding that the judge cannot consider factual statements of counsel in a motion for summary judgment (B) holding that unsworn statements may not be considered on a motion for summary judgment (C) holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment (D) holding that motion to dismiss cannot be treated as summary judgment (E) holding that conclusory statements without factual support are of no value to the court when deciding a summary judgment motion

SOLUTION: holding that unsworn statements may not be considered on a motion for summary judgment

PROBLEM: on an indefinite schedule is not acceptable. Alternatively, the plaintiffs assertion that she could work with her requested accommodations conflicts with her representation to the OPM that she could not work even with reasonable accommodations. Compare Pl.’s Opp’n at 22 with Def.’s Mot., Exs. 45-46. “[W]here a party assumes a certain position in a legal proceeding, and succeeds in maintaining that position, he may not thereafter, simply because his interests have changed, assume a contrary position.” Galt v. Phoenix Indem. Co., 120 F.2d 723, 726 (D.C.Cir.1941). Prior agency determinations, such as the one made by the OPM in this case, are analogous to the “legal proceeding” described in Galt. See, e.g., Rissetto v. Plumbers & Steamfitters Local 343, 94 F.3d 597, 603 (9th Cir.1996) (<HOLDING>); Simon v. Safelite Glass Corp., 128 F.3d 68, 
 Holding statements: (A) holding that a social security disability determination is a legal proceeding (B) holding that a proceeding under section 547 is a core proceeding (C) holding that a notice of appeal filed in an adversary proceeding could not appeal the main proceeding (D) holding that a workers compensation proceeding is a legal proceeding (E) holding that misleading testimony regarding the purpose of a proceeding did not warrant inquiry into the result of the proceeding

SOLUTION:
holding that a social security disability determination is a legal proceeding