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: for a mitigating role adjustment pursuant to U.S.S.G. § 3B1.2. Section 3B1.2 “authorizes a four-level reduction in offense level if the defendant is deemed a ‘minimal’ participant in the criminal activity! ] [and] a two-level reduction if he is deemed a ‘minor’ participant....” United States v. Skinner, 690 F.3d 772, 783 (6th Cir. 2012). The difference between “minimal” and “minor” is “not just semantic,” United States v. Lopez, 937 F.2d 716, 728 (2d Cir. 1991), and the standards are not interchangeable. See U.S.S.G. § 3B1.2 cmt. n. 5 (defining a “minor participant” as “a defendant ... who is less culpable than most other participants in the criminal activity, but whose role could not be described as minimal”) (emphasis added); United States v. Friedman, 998 F.2d 53, 60 (2d Cir. 1993) (<HOLDING>). Both Griffith and the Government focus their 
 Holding statements: (A) recognizing this distinction (B) holding that there is no distinction in the right to jury trial between sentencing factors and elements (C) recognizing distinction between two types of waiver (D) holding that the district court improperly used the two different standards under ussg  3b12 interchangeably thus blurring the distinction between section 3b12a and b (E) recognizing distinction between tolling and estoppel

SOLUTION: (D)

PROBLEM: an interpretation of section 85.321 that would make any party who holds a mineral interest indefinitely liable to all subsequent interest holders for prior alleged damage to the land. The consequences of such an interpretation run contrary to the legislative intent to protect and encourage the development of Texas natural resources. See Tex. Const. art. XVI, § 59. We are mindful of the consequences of a particular construction. See Tex. Gov’t Code § 311.023(5); McIntyre, 109 S.W.3d at 745. Absent a legislative enactment clearly abrogating the common law, we conclude that Emerald does not have standing as a subsequent lessee to pursue a claim under section 85.321 for Exxon’s alleged wrongful actions as a prior lessee. See, e.g., Tooke v. City of Mexia, 197 S.W.3d 325, 342-43 (Tex.2006) (<HOLDING>). C. Negligence Per Se Because our holding that 
 Holding statements: (A) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law (B) holding that tex loc govt code  51075 abrogated city of texarkana v city of new boston 141 sw3d 778 texapptexarkana 2004 (C) holding that city attorneys promise in an oral settlement agreement for city to annex and rezone land was within the legal authority of the city of joliet to accomplish and were not absolutely void acts per se therefore city could be estopped from avoiding enforcement of contract (D) holding that the city of boston was acting as a market participant when it contracted for public works construction (E) holding that distribution of catalogs to city addresses constituted use within city subject to taxation under municipal code provision

SOLUTION: (B)

PROBLEM: Miller, 622 F.3d at 538., While expressing its view that HCEA should inform principals and assistant principals of their altered status under PECCA, the Board did not dictate whether HCEA could accept principals and assistant principals as members. In fact,, the letter explicitly recognized that “if an administrator wants to continue to pay dues to [an employee] organization, including HCEA, they certainly may.” Similarly, the letter’s request that HCEA refrain from making comments the Board rightly or wrongly believed to be improper did not constitute a “a general prohibition against certain forms of advocacy,” nor did it “imposte] sanctions for the expression of particular views.” Ark. State Highway Emps., 441 U.S. at 464, 99 S.Ct. 1826. Rather ., 623 F.2d 1155, 1159 (6th Cir.1980) (<HOLDING>). HCEA suggests that the Board’s letter 
 Holding statements: (A) holding that a collective bargaining agreement between school board and teachers union established a teachers legitimate claim of entitlement to their positions at elementary school (B) holding that a students right to bodily integrity under the fourteenth amendment encompasses a students right to be free from sexual assaults by his or her teachers (C) holding that a reprimand letter sent in response to a teachers union representation of a fellow employees grievance infringed on the teachers right of free association (D) holding board did not fail to disclose exculpatory information in violation of teachers due process rights (E) holding that the district was not liable under respondeat superior for a teachers sexual assault of a student even though it occurred on school grounds and during school hours because the criminal misconduct was not within the scope of the teachers employment

SOLUTION:
(C)