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: of a class consisting of all African-American plant employees. Accordingly, the district court acted within its discretion to deny class certification on the basis of the appellants’ direct evidence. B. Statistical Evidence Nucor provided the appellants with actual promotion-related job posting and applicant data from January 2001 to February 2006. According to the appellants’ own expert, statistical analysis of this data resulted in a standard deviation of - .84, a result indicating no statistically significant disparity in the actual versus expected percentage of African-American employees successfully bidding on jobs. J.A. 5872-73. The appellants, however, objected to use of the 2001 to 2006 time period because it included job posting and bidding 759 n. 17 (4th Cir.1986) (<HOLDING>). Since the appellants could not prevail based 
 Holding statements: (A) recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard (B) recognizing that differences between the expected value and the observed number greater than two or three standard deviations are significant (C) recognizing the cause of action (D) recognizing cause of action (E) recognizing that a standard deviation greater than two or three excludes chance as the cause of underrepresentation

Answer: (E)


Question: 2d 266, ¶ 35 (discussing the reasoning in Brunst as being that "unless these 'time immemorial' duties were constitutionally protected from interference by others, the constitutional provision securing the people the right to choose sheriffs would become meaningless"). It seems incongruous to us that the policy of keeping duties within the office of sheriff because he is elected and answerable to the electors is consistent with the holdings in WPPA II (and, more recently Brown County), where the court held that because the duty was characteristically the sheriffs, he can, as a result, contract with third parties for the carrying out of the duty. Yet, we are bound by WPPA II (and its interpretation of Brunst) and Brown County. See Cook v. Cook, 208 Wis. 2d 166, 190, 560 N.W.2d 246 (1997) (<HOLDING>). ¶ 29. For the reasons stated, we reverse the 
 Holding statements: (A) holding that one panel cannot overrule a prior panels published decision (B) holding that court of appeals may adopt such waiver rule (C) holding court of appeals erred in refusing to take judicial notice of published puc order (D) holding that the court need not follow a decision of the district of columbia court of appeals where  it appears that the  court of appeals itself would not follow that decision (E) holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals

Answer: (E)


Question: in determining that Kaur failed to demonstrate changed circumstances in India to qualify for the regulatory exception to the time limit for filing motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii). We lack jurisdiction to consider Kaur’s contention that the immigration judge did not advise Kaur of the relief available to her because she failed to raise that issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (<HOLDING>). PETITION FOR REVIEW DENIED in part; DISMISSED 
 Holding statements: (A) holding that this time requirement is mandatory and jurisdictional (B) holding that exhaustion of issues is jurisdictional (C) recognizing that exhaustion is mandatory and jurisdictional (D) holding that issue exhaustion is mandatory even if not a statutory jurisdictional requirement (E) holding that the ftcas exhaustion requirement is jurisdictional

Answer:
(C)