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: the crime charged. If the evidence is cumulative, the trial court should more closely scrutinize its prejudicial effect. If the evidence is necessary to prove an element of the charge, the trial judge may have erred in not sustaining the defendant’s motion for a directed verdict of acquittal. Moreover, a defendant may have a valid objection, under federal rule 611(b), that the government’s cross-examination exceeds the scope of the direct. These added considerations are necessary not only to limit the impact of rule 404(b) on rule 608(b), but also to limit the prejudicial effect of allowing the government to have the last say through evidence of a defendant’s prior misconduct. Smith Grading & Paving, 760 F.2d at 581; see also United States v. Horton, 847 F.2d 313, 324-25 (6th Cir.1988) (<HOLDING>). The purpose of Rule 608(b) is to prevent 
 Holding statements: (A) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (B) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper

Answer: (D)


Question: that on her return a company manager told Watson in a four-hour meeting in which she cried constantly that she was a poor and incompetent supervisor; that a manager transferred supervisory duties away from her and told her to go home; and that a personnel manager told her that she was considered a bitch and that she could either resign or be demoted to a position in which she would be supervised by her subordinate trainees. We believe that these facts, though covering a shorter period than that in Nolan, could constitute the necessary aggravating factors such that a trier of fact could (but not necessarily would) conclude that a reasonable person would find the conditions so intolerable and discriminatory as to justify resigning. See Ford v. Alfaro, 785 F.2d 835, 841-42 (9th Cir.1986) (<HOLDING>); Bailey v. Binyon, 583 F.Supp. 923, 924-25, 
 Holding statements: (A) holding claims based on the fair labor standards act subject to arbitration (B) holding in a fair labor standards act case that a constructive discharge occurred when an employee was physically threatened on one occasion harassed over the next two weeks and not given sufficient work instructions to perform his job (C) holding right to liquidated damages under fair labor standards act nonwaivable (D) holding that discriminatory pay reduction under fair labor standards act does not constitute continuing violation (E) holding that the otca limitations period applied to a claim alleging a breach of the fair labor standards act by the state

Answer: (B)


Question: F.3d 967, 974 (8th Cir.2006) (en banc), abrogated in part on other grounds by Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008)). If the court is not allowed to rely on factual statements included in an unobjected-to PSR because those statements were based on police reports, it follows the court should not be allowed to rely on other unadopted statements similarly based on police reports. See United States v. Alston, 611 F.3d 219, 221-22, 226 (4th Cir.2010) (vacating sentence because district court erred in relying on facts included in the transcript for an Alford plea when such facts were the prosecution’s proffer for the plea and had not been accepted or admitted by the defendant); United States v. Weicks, 362 Fed.Appx. 844, 848 (9th Cir.2010) (unpublished) (<HOLDING>); cf. McCall, 439 F.3d at 973-74 (rejecting 
 Holding statements: (A) holding that police officers have a duty to conduct an investigation into the basis of the witness report (B) holding that police were justified in arresting person on basis of information provided directly to police by named citizen informer reliance on the information was justified in part because the informant by giving her name presumably knew that the police could arrest her for making a false report (C) holding that an ij could not consider a police report as part of the record of conviction to determine whether an alien had committed a firearms offense because the police report could encompass many offenses with which the alien was never charged or convicted (D) holding that the plaintiff may not rely on expenses for identity theft protection as a basis for standing (E) holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction

Answer:
(E)