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. 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.
PROBLEM: (8th Cir.2007)). “Continuances are generally disfavored and are not granted without a compelling reason.” Id. We have held the FSA is not retroactive. See United States v. Smith, 632 F.3d 1043, 1047-49 (8th Cir.2011) (concluding “the general savings statute, 1 U.S.C. § 109, requires us to apply the penalties in place at the time the crime was committed”) (quoting United States v. Brewer, 624 F.3d 900, 909-10 n. 7 (8th Cir.2010) (internal quotation marks omitted)); United States v. McBride, — Fed.Appx. -,-, No. 10-2689, 2011 WL 2206725, at *2 (8th Cir.June 8, 2011) (unpub. per curiam). But even if we assume Woods can show prejudice, Woods fails to provide any support for his contention the district court abused its discretion in denying his motion. See id. at-, 2011 WL 2206725, at *3 (<HOLDING>); United States v. Hawthorne, 414 Fed.Appx. 
 Holding statements: (A) holding the district court did not abuse its discretion in denying a second continuance until congress acted on the fsa and assuming error no prejudice exists because the fsa is not retroactive (B) holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing (C) holding that the hearing officer did not abuse her discretion in denying a continuance because she acted within reason by accommodating the attorney (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form

SOLUTION: (A)

PROBLEM: and the weapons charge, for which he was sentenced to a concurrent term of five years’ imprisonment. Jackson appealed to this court. LAW/ANALYSIS I. Exclusion of Evidence Jackson argues the trial court erred in excluding his testimony about his personal knowledge of Felder’s violent history. We disagree. The admission or exclusion of evidence is a matter within the trial court’s sound discretion, and an appellate court may only disturb a ruling admitting or excluding evidence upon a showing of a manifest abuse of discretion accompanied by probable prejudice. State v. Douglas, 369 S.C. 424, 429, 632 S.E.2d 845, 847-48 (2006). Generally, the failure to make a proffer of excluded evidence will preclude review on appeal. State v. Santiago, 370 S.C. 153, 163, 634 S.E.2d 23, 29 (Ct.App.2006) (<HOLDING>). Where no proffer of excluded testimony is 
 Holding statements: (A) holding that objection to testimony at trial on grounds that testimony was irrelevant highly prejudicial and below the threshold requirement of admissibility does not preserve appellate challenge that testimony constitutes inadmissi ble victimimpact testimony (B) holding the excluded testimony was relevant to whether a signature was that of a deceased party and since a statement regarding the issue was the only testimony that could be given by the witness no offer to prove was necessary because the substance of the evidence was apparent from the context of the question asked (C) holding that we could not weigh the prejudice suffered as a result of the exclusion of plaintiffs testimony because we had no way of knowing what the plaintiffs testimony would have been (D) holding a proffer of testimony is required to preserve the issue of whether testimony was properly excluded by the trial judge and an appellate court will not consider error alleged in the exclusion of testimony unless the record on appeal shows fairly what the excluded testimony would have been (E) holding that the trial courts statement it would deny the defendants request to make a bill at this time did not discharge the appellants duty to proffer the excluded testimony for preservation of error

SOLUTION: (D)

PROBLEM: paragraph borrows from passages in his work, The Seventeenth-Century Revolution in the English Land Law, 43 Clev. St. L. Rev. 221, 268-72 (1995). 7 . "[T]he validity of a limitation is ... to be determined under the circumstances then existing, and the certainty that it will vest within the permitted period, if at all, must be discernible at that date.” 70 C.J.S. Perpetuities § 16. 8 . The deed also grants the option to Otis’ immediately related heirs and assignees without temporal limitation. This offensive aspect of the optionee class as well is remedied by the holdings of this Opinion. 9 . Pathmark Stores, Del.Ch., 663 A.2d at 1191—92. 10 . Smith Deed at 11. 11 . Del.Ch., C.A. No. 1096-S, mem. op. at 15, Allen, C., 1988 WL 34528 (Apr. 13, 1988). 12 . Id. at 15-18. 13 . Id. at 18-19 (<HOLDING>). Another way of looking at it is to say that 
 Holding statements: (A) holding right of first refusal only applied to a voluntary sale and taking of property by condemnation is involuntary therefore right of first refusal not triggered (B) holding that when determining the proper amount for a burdened property that was purchased in a package only two methods suggest themselves as arguably appropriate 1 a determination of the fair market value of the  property burdened by the right of first refusal or 2 a determination of the portion of the  purchase price which based on the percentage of the fair market value of the entire package represented by the  property burdened by the right of first refusal should be allocated to the  property burdened by the right of first refusal (C) holding this type of agreement fixedprice right of first refusal at least in this type of market threatens to act as a complete impediment to the free alienability of land that our law has for centuries sought to encourage (D) recognizing the significance of territorial jurisdiction and concluding that a more stringent approach needs to be followed in order to confer this type of authority (E) holding prior use of one type of drug is not relevant to establish use of another type of drug on a different occasion

SOLUTION:
(C)