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: proceeding”). Here, the only evidence that th .Crim.App.2000) (stating, in motion to suppress context, “[T]he judge may believe or disbelieve all or any part of a witness’s testimony, even if that testimony is not controverted”). Appellant’s and Sanchez’s after-the-fact, out-of-court averrals about appellant’s ability to understand the proceedings and waivers he signed were untimely factual statements in appellant’s self-interest. Even though the State did not offer affidavits to controvert appellant’s and Sanchez’s affidavits, it was within the trial court’s discretion to disbelieve the assertions contained in those affidavits that appellant does not read or speak English. See Charles, 146 S.W.3d at 210; Shanklin, 190 S.W.3d at 167; see also Phuong Anh Thi Le, 300 S.W.3d at 327 (<HOLDING>). The trial court, and not this Court, is in 
 Holding statements: (A) holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record (B) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (C) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (D) holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts (E) holding that appellate court must defer to all implied factual findings supported by record

SOLUTION: holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record

PROBLEM: 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

SOLUTION: recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify

PROBLEM: of. law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). B. Hostile-work-environment claims In order to establish a hostile-work-environment claim, a plaintiff must present evidence of harassment that “unreasonably interferís] with [his or] her work performance and creat[es] an objectively intimidating, hostile, or offensive work environment.” Grace v. USCAR, 521 F.3d 655, 678 (6th Cir.2008). We have little doubt that, but for the administrative-exhaustion requirement, the plaintiffs in this case presented sufficient evidence of hostile, racist behavior in their work environment to survive a motion for summary judgment on this claim. See Baltimore v. City of Franklin, No. 3:06-0578, 2007 WL 2123906 at *14-15 (M.D.Tenn. July 20, 2007) (<HOLDING>). The issue presented here, however, is whether 
 Holding statements: (A) holding plaintiff did not exhaust his retaliation claim where his eeoc charge made no mention of retaliation (B) holding in a companion case to the one before us that evidence submitted by the black firefighter with the city of franklin was enough to present a hostileworkenvironment claim to a jury where the firefighter had alleged sufficient facts in his eeoc charge to exhaust his administrative remedies (C) holding that the petitioner failed to exhaust his administrative remedies with regard to his claim involving a procedural error correctable by the bia (D) holding that if the alleged retaliatory action occurs before the initial eeoc charge is filed a plaintiff must exhaust his administrative remedies as to that claim by including factual information in the charge that discloses the factual basis for the retaliation claim (E) holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim

SOLUTION:
holding plaintiff did not exhaust his retaliation claim where his eeoc charge made no mention of retaliation