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. 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.
PROBLEM: and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant’s reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: “Tolling is available' only ‘when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.’” Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the 
 Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that  2244d is subject to equitable tolling if ae petitioner demonstrates  1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

SOLUTION: holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

PROBLEM: found it “difficult to maintain on a priori grounds that sex is physically dangerous” to every potential victim under the statute. Id. at 299. The First Circuit examined a similar statute-punishing a person over the age of 18 who engages in sexual intercourse with a person between 14 and 16-in United States v. Sacko, 178 F.3d 1 (1st Cir.1999). The court determined that statutory rape crimes fall within the exception to the categorical approach because they “cover[ ] conduct both inside and outside the ‘violent felony’ sphere.” Id. at 4-5. We agree with the First and the Seventh Circuits that statutory rape statutes that include more mature victims and do not contain aggravating factors are not subject to the strict categorical approach articulated in Taylor. See Seaton, 45 F.3d at 111 (<HOLDING>). Thus, this case should be remanded for the 
 Holding statements: (A) holding the crime of conspiracy is committed or not before the substantive crime begins (B) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc  16 (C) holding that if a crime is broadly defined the court can look beyond the elements of the crime (D) holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction (E) holding that conviction of a crime requires proof beyond a reasonable doubt of every fact necessary to constitute the crime

SOLUTION: holding the crime of conspiracy is committed or not before the substantive crime begins

PROBLEM: 373 F.Supp.2d at 72 (noting that "[t]he determination that a branch of government has exceeded its constitutional authority does not express lack of respect for it” and that international agreements regarding "property that was expropriated or nationalized by Vietnam” were not related to the herbicide claims). 46 . See Whiteman, 431 F.3d at 70 (political question claims are analyzed on a "case-by-case” basis); Can, 14 F.3d at 163 ("The political question doctrine must be cautiously invoked.”). See also In re Agent Orange Prod. Liab. Litig., 373 F.Supp.2d at 65 (noting that experts have observed that the "political question doctrine is in a state of some confusion”) (citations and quotations omitted). 47 . Goldwater v. Carter, 444 U.S. 996, 1000, 100 S.Ct. 533, 62 L.Ed.2d 428 (1979) (<HOLDING>). 48 . Baker, 369 U.S. at 217, 82 S.Ct. 691. 49 
 Holding statements: (A) holding that persecution was on account of political opinion because petitioners prosecutorial investigation into acts of political corruption was by its very nature political (B) holding that the determination of the boundaries of a political subdivision of the state is a political question solely within the power prerogative and discretion of the legislature and not subject to judicial review (C) holding state constitution provides senate with authority to judge election returns and qualifications of its members (D) holding that state constitution required reasonable nonresident rates (E) holding that senator goldwaters claim that the constitution required senate agreement to abrogate a treaty raised a political question

SOLUTION:
holding that persecution was on account of political opinion because petitioners prosecutorial investigation into acts of political corruption was by its very nature political