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: no indication that Mexican law should govern the claims at issue. Thus, under Texas’s most significant relationship test, American law is likely to govern the merits issues, and this factor weighs against dismissal on the basis of forum non conveniens. 4. Application of Foreign Law Although American law is likely to govern the merits, it appears that Mexican law will be relevant to collateral issues such as the nature of the property that is the subject of the contract. An American forum would nevertheless be capable of handling the difficulties posed by Mexican fideicomiso law should the court need to do so. Indeed, American forums have competently adjudicated matters involving Mexican fideicomiso property interests on other occasions. See Gale v. Camrite, 559 F.3d 359 (5th Cir.2009) (<HOLDING>); Brady v. Brown, 51 F.3d 810 (9th Cir.1995) 
 Holding statements: (A) holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages (B) holding that a seller did not breach its contract by averring that there would be no tax liability incurred by the sale of a baja california sur condominium owned pursuant to fideicomiso law (C) holding that breach occurred when seller told buyer that seller would do no more to rectify alleged warranty violation (D) holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action (E) holding immaterial breach did not constitute breach of contract

Answer: (B)


Question: Inc., 299 F.Supp.2d 1307, 1321 (S.D.Fla.2004). First, the PSLRA altered Rule 9(b)’s particularity requirement by mandating the following: [T]he complaint shall specify each statement alleged to have been misleading, the reason or reasons why the statement is misleading, and, if an allegation regarding the statement or omission is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed. 15 U.S.C. § 78u-4(b)(l)(B). Thus, the PSLRA requires greater specificity than Rule 9(b). Druskin, 299 F.Supp.2d at 1321. Second, the PSLRA raised the standard for pleading scienter by making it clear that a plaintiff can no longer plead scienter generally. In order to properly allege scienter, the plaintiff m 2 n. 2 (11th Cir.1999) (<HOLDING>). Additionally, the Eleventh Circuit has 
 Holding statements: (A) recognizing defense in securities case (B) recognizing doctrine (C) holding that morrison precludes securities claims brought by us investors who purchase securities on a foreign exchange even where those securities are also listed on a us exchange (D) holding the doctrine applied in a case of mistake (E) recognizing the incorporation by reference doctrine in a securities case

Answer: (E)


Question: to resolve identification issues sufficiently supported the reliability of his application to the facts in this case, and his express observations and reasoning on the record reinforce this conclusion. Interestingly enough, the reliability of Detective Caffey’s methodology finds further support in the fact that Pierce’s own expert, Taylor-Austin, relied on similar experience-based credentials and the same gang-membership identifiers in assessing the conduct of the Appellants. Indeed, Taylor-Austin confirmed that clothing in a specific color, Philadelphia Phillies memo rabilia, and terminology such as “Pira” were factors suggestive of Blood gang membership, and reached a conclusion regarding the evidence in this case based, in part, on these facts. See id. at 151, 119 S.Ct. at 1176 (<HOLDING>). The only cognizable difference between the 
 Holding statements: (A) holding that expert testimony may be admissible even if not generally accepted in the relevant scientific community provided that it qualifies in some other way as reliable under federal rule of evidence 702 (B) holding that product rule method of dna statistical evidence is now generally accepted in the relevant scientific community (C) recognizing that it may be appropriate to ask an expert relying on experience whether his preparation is of a kind that others in the field would recognize as acceptable and whether his  method is generally accepted in the relevant  community (D) holding that whether the witnesss area of expertise was technical scientific or more generally experiencebased the court in its gatekeeping function must make certain that an expert whether basing testimony upon professional studies or personal experience employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field (E) recognizing that an expert may rely on an article because it is the expert who determines based on study and experience whether the article is reliable

Answer:
(C)