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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: options,” including by streamlining communication between the distressed borrower and foreclosing party. See Assemb. B. 278, 2011-2012 Leg., Reg. Sess. (Cal. 2012); S.B. 900, 2011-2012 Leg., Reg. Sess. (Cal. 2012). There has been a wave of litigation in state and federal courts challenging various aspects of the MERS System. Almost all of the relevant law is state rather than federal. The results under state law have been inconsistent. See Weber, supra, at 246-56 (cataloguing the “schizophrenic position of state courts” on issues relating to the MERS System). Some state supreme courts have upheld the MERS System on issues ranging from foreclosure authority to recording requirements. See, e.g., Renshaw v. Mortg. Elec. Registration Sys., Inc., 155 Idaho 656, 315 P.3d 844, 846-47 (2013) (<HOLDING>); Jackson v. Mortg. Elec. Registration Sys., 
 Holding statements: (A) holding that mers lacked standing to foreclose as the lenders nominee (B) holding that because mers receives no payments on the debt it is not the beneficiary even though it is so designated in the deed of trust (C) holding that mers is an ineligible beneficiary within the terms of the washington deed of trust act if it never held the promissory note or other debt instrument secured by the deed of trust and that characterizing mers as the beneficiary has the capacity to deceive and may give rise to an action under the consumer protection act (D) holding that mers may be a beneficiary as nominee for the lender that assignments of the deed of trust between mers members need not be recorded that mers was not liable to the borrower in negligence and that the idaho consumer protection act did not provide a cause of action to the borrower (E) holding that mers was not the beneficiary of a deed of trust under the oregon trust deed act absent conveyance to mers of the beneficial right to repayment and that mers could not hold or transfer legal title to the deed as the lenders nominee

Answer: holding that mers lacked standing to foreclose as the lenders nominee


Question: it is not plainly erroneous or inconsistent with the regulation”). B. Whether the FDIC Properly Determined the Amount of Deposit Insurance to Which Plaintiffs Were Entitled under the Regulations Applicable on August 8, 2008 18. The FDIC’s deposit insurance determinations are governed the regulations set forth in 12 C.F.R. Part 330. Regulations governing recognition of deposit ownership and fiduciary relationships note that, except in circumstances not relevant here, when “determining the amount of insurance available to each depositor, the FDIC shall presume that deposited funds are actually owned in the manner indicated on the deposit account records of the insured depository institution.” 12 C.F.R. § 330.5(a)(1). See also Villafane-Neriz v. F.D.I.C., 75 F.3d 727, 731 (1st Cir.1996) (<HOLDING>). “Deposit account records” include “account 
 Holding statements: (A) holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account (B) holding that the fdic is entitled to rely exclusively on the account records of the failed institution and that while ownership under state law is one prerequisite for insurance coverage the deposit account records are controlling (C) holding that when state law prohibited discovery of records of a medical review committee the district court should have determined whether the records came within the statutes coverage and if so whether the right of access nevertheless outweighed the public policy expressed by state law (D) holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate (E) holding that records relating to a student court were not education records

Answer: holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account


Question: of employment, because of such individual’s age.” 29 U.S.C. § 623(a)(1). A commonsense reading of this statement strongly suggests that the statute includes a requirement of intentional discrimination. See Ellis v. United Airlines, Inc., 73 F.3d 999, 1007 (10th Cir.1996) (“It would be a stretch to read the phrase ‘because of such individual’s age’ to prohibit incidental and unintentional discrimination that resulted because of employment decisions which were made for reasons other than age.”) (emphasis in original). However, Title VII contains parallel language, and the Supreme Court concluded almost three decades ago that such language encompassed a theory of liability based on disparate impact. See Chiggs v. Duke Power Co., 401 U.S. 424, 431, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971) (<HOLDING>). The question, then, is whether the ADEA, 
 Holding statements: (A) holding that a claim for discrimination in private employment is not preempted by title vii (B) holding that employment practices which are neutral in form but which result in discriminatory effects are prohibited unless justified by business necessity (C) holding that title vii proscribes racial discrimination against whites upon the same standards as racial discrimination against nonwhites (D) holding that title vii proscribes not only overt discrimination but also practices that are fair in form but discriminatory in operation (E) holding that discriminatory employment practices are cognizable under title ix

Answer:
holding that a claim for discrimination in private employment is not preempted by title vii