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: policy becomes a composite of factors that bear on a better answer to the question, ‘How shall the losses be distributed?’ ”). Slain and Kripke argued that “[t]he situation with which we are concerned involves two risks: (1) the risk of business insolvency from whatever cause; and (2) the risk of illegality in securities issuance.” Slain & Kripke, supra, at 286. Analyzing the first risk — that of business insolvency-Slain and Kripke observed that the absolute priority rule allocates this risk to shareholders. Under the absolute priority rule, “stockholders seeking to recover their investments cannot be paid before provable creditor claims have been satisfied in full.” Id. at 261; see generally Consol. Rock Prods. Co. v. Du Bois, 312 U.S. 510, 520-21, 61 S.Ct. 675, 85 L.Ed. 982 (1941) (<HOLDING>); Case v. Los Angeles Lumber Prods. Co., 308 
 Holding statements: (A) holding that claims raised in later litigation were barred because they could have been fully litigated in chapter 11 reorganization process (B) holding that stockholders cannot participate in a plan of reorganization unless creditors claims have been satisfied in full (C) holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions (D) holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive (E) holding that debtor whose plan of reorganization had been confirmed by bankruptcy court could not later bring lender liability claims against creditors where those claims could have been raised in bankruptcy proceeding

SOLUTION: (B)

PROBLEM: would be dangerous, futile, or allow the destruction of evidence. Richards v. Wisconsin, 520 U.S. 385, 394, 117 S.Ct. 1416, 1421, 137 L.Ed.2d 615 (1997). In this case, the trial court granted Broussard's motion in limine prohibiting any mention of what Officer Kwiatkowski learned to support the search warrant. Given this limited record, we cannot know whether one of the exceptions applies. Further, even if there was a violation of the knock-and-announce rule, the United States Supreme Court has not yet decided whether or to what extent the exclusionary rule should be used as a remedy. See Wilson, 514 U.S. at 937 n. 4, 115 S.Ct. at 1919 n. 4; United States v. Ramirez, 523 U.S. 65, 72 n. 3, 118 S.Ct. 992, 997 n. 3, 140 L.Ed.2d 191 (1998). 3 . See, e.g., Thompson, 9 S.W.3d at 814-15 (<HOLDING>). 4 . In 1991, Broussard pleaded guilty to a 
 Holding statements: (A) holding that defendant waived ineffective assistance claim based on trial counsels failure to emphasize certain evidence where amended motion for new trial did not assert claim of ineffectiveness on that ground and no argument related to the asserted ground was made at the motion for new trial hearing (B) holding that the combined effect of trial counsels errors should be considered (C) holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court (D) holding ineffectiveness should be considered at hearing dedicated to considering all facts circumstances and rationale behind counsels actions including opportunity to explain why no objection was made in trial court (E) holding that an objection was adequate when the judge cut short the objection and the defendant was not afforded the opportunity to explain his objection fully

SOLUTION: (D)

PROBLEM: 335, 112 S.Ct. at 1355; see United States v. Flanagan, 868 F.2d 1544, 1546 (11th Cir.1989) (per curiam) ("[T]he granting of credit for time served is in the first instance an administrative, not a judicial, function.”). In view of Wilson and our circuit precedent, it is troubling that the dissent advances the position that district courts can override the BOP's determination regarding sentence credits. “In Wilson, the Supreme Court held that the district court has no authority to grant a defendant credit for any time served in detention before sentencing, but rather the Attorney General has the sole authority to grant credit for time already served." United States v. Daggao, 28 F.3d 985, 987 (9th Cir.1994) (emphasis added), cert. denied, - U.S. -, 115 S.Ct. 1390, 131 L.Ed.2d 242 (1995) (<HOLDING>). 10 . A subsequent BOP program statement, 
 Holding statements: (A) holding that where mandatory life sentence enhancement was the tail which wags the dog of defendants firearm conviction which raised constitutional due process issues the district court had authority to consider a downward departure under section 5k20 of the guidelines (B) holding that where a defendant malees a showing that the act of consenting to deportation carries unusual assistance to the administration of justice district court has authority under ussg  5k20 to depart downward in absence of the governments consent (C) holding that the district court could not circumvent attorney generals determination that inhome presentence detention of defendant pursuant to release on bond is not applicable for sentence credit by according a downward departure under ussg  5k20 based on this detention (D) holding that district court had authority to grant section 5k20 downward departure despite governments opposition (E) holding that after granting the governments motion for downward departure pursuant to both  3553e and  5k11 the district court did not err when it determined that the starting point for departing downward was the higher statutorily required minimum sentence and not the lower otherwise applicable guideline range

SOLUTION:
(C)