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: that Turner exhibited symptoms of ADHD prior to the age of seven, a requirement for diagnosis of this condition, and none of the data reviewed by Dr. Danziger suggested an onset prior to age seven either. Had trial counsel presented Dr. Eisenstein as an expert during the penalty phase, the State would have undermined his opinions in the same manner as occurred during the evidentiary he ) (rejecting Caldwell challenge to the standard jury instructions on the mer jecting challenge to constitutionality of execution methods as meritless); Darling v. State, 45 So.3d 444, 447-48 (Fla.2010) (rejecting challenge to constitutionality of section 945.10, Florida Statutes (2007), which exempts from public records the identity of an executioner); Israel v. State, 985 So.2d 510, 521 (Fla.2008) (<HOLDING>). Cumulative Error Finally, where the 
 Holding statements: (A) holding that the right to counsel in probation revocation proceedings is not absolute where the defendant has been convicted of or has admitted to committing a crime (B) holding if there has been no termination of employment there has been no layoff or reduction in force (C) holding that a claim that the defendant may be insane at the time of execution is premature where no death warrant has been signed and the defendant has not been found to be incompetent (D) recognizing that it has long been the rule that a mechanics lien claim may be waived (E) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced

Answer: (C)


Question: v. Jones, 993 P.2d 424, 427-28 (Alaska 1999) (construing a statute to give rise to an equitable lien because it established "an interest in and a right to seek reimbursement from" a particular source). 13 . Cf. AS 09.35.160 (giving a judgment creditor and the process server who levies on property under a writ of execution full control over the timing of a sale in satisfaction of the judgment). 14 . See Alaska R. Civ. P. 89(a). 15 . AS 13.16.505. 16 . AS 13.06.050(39). This definition comports with the definition set out in Uniform Probate Code section 1-201(33), which states: " 'Property' includes both real and personal property or any interest therein and means anything that 'may be the subject of ownership." 17 . Cf. Goldstein v. Prien, 143 Cal.App.2d 123, 299 P.2d 344, 346 (1956) (<HOLDING>). 18 . Since AS 13.16.505 prohibits liens from 
 Holding statements: (A) holding that it is improper for a trustee to liquidate claims that benefit only select creditors with the only benefit to the estate being the recoupment of administrative costs (B) holding that there is a difference between a debtor attempting to pursue an action for his own benefit and a trustee pursuing an action for the benefit of the creditors (C) recognizing under analogous section of california code that the right to recover property conveyed by a decedent in fraud of creditors is an asset of his insolvent estate and that the executor or administrator is a trustee thereof for the benefit of creditors (D) holding that directors of an insolvent corporation are trustees for the creditors (E) recognizing that the bangor punta doctrine was not applicable to suit brought by receiver of insolvent insurance company for the benefit of creditors

Answer: (C)


Question: only to effect the property and income of the Corporation. {11} Here, Plaintiff has offered no proof that a resolution was adopted by Defendant’s board of directors, and since Article VIII’s sue or be sued clause can only be made effective pursuant to the requirements set out in Section D of Article XVI, we conclude that no waiver was created. See Ninigret Dev. Corp., 207 F.3d at 30. {12} Plaintiff contends that federal law is clear that the simple appearance of a sue or be sued clause in the charters of Section 17 corporations serve as a general waiver of sovereign immunity. We disagree. Our review of the law indicates that a sue or be sued clause will only accomplish a waiver when the clause clearly expresses an intent to waive immunity. Parker Drilling Co., 451 F.Supp. at 1136-37 (<HOLDING>); S. Unique, Ltd. v. Gila River Pima-Maricopa 
 Holding statements: (A) holding that the sue or be sued clause in corporate charter served as a waiver because the clause had no restrictions or limitations and was a clear explicit and unambiguous waiver (B) holding that limitation of liability clause was unambiguous (C) holding that the waiver in two previous contracts was insufficient to support waiver of the contract at issue in that appeal (D) holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver (E) holding that the waiver of sovereign immunity must be clear and unequivocal

Answer:
(A)