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: or “plain error” exists. See, e.g., State v. Brown, 853 P.2d 851, 853-54 (Utah 1992); State v. Gibbons, 740 P.2d 1309, 1311 (Utah 1987); State v. Steggell, 660 P.2d 252, 254 (Utah 1983). In the present case, or in any similar case, the only way that a defendant could challenge the constitutionality of section 78 — 3—31(6)(a) would be first to consent to a hearing by a commissioner and then to challenge the validity of that very consent. Such a procedure would likely be futile inasmuch as it would invariably result in the withdrawal of the consent, either by the defendant or by court order. Indeed, absent the approach taken by Ohms, it is unlikely that section 78-3-31(6)(a) would ever be subject to constitutional scrutiny. This is precisely the sort of exceptional circu Ct.App.1990) (<HOLDING>). For example, a legislator cannot appoint 
 Holding statements: (A) holding that utah const art vi  1 limits legislatures ability to delegate legislative powers or functions to others (B) holding that the governor of new york has only those powers delegated to him by the state constitution and the statutes (C) holding that the contact clause reaches every form in which the legislative power of a state is exerted whether it be a constitution a constitutional amendment an enactment of the legislature a bylaw or ordinance of a municipal corporation or a regulation or order of some other instrumentality of the state exercising delegated legislative authority (D) holding that crime definition and penalty powers are essential legislative functions that cannot constitutionally be delegated by the utah legislature to any other person or body (E) holding that legislative functions such as powers of zoning and rezoning cannot be delegated

SOLUTION: (D)

PROBLEM: unpublished decisions, “[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim.” Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether “there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation” in assessing whether the district court’s abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir. 
 Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits

SOLUTION: (E)

PROBLEM: is to convey to the juiy the correct principles of law applicable to the evidence so the jury can apply the proper legal principles to the facts and arrive at a proper conclusion based on the law and the evidence.” People v. Peebles, 125 Ill. App. 3d 213, 217, 465 N.E.2d 539 (1984). If an IPI instruction does not state the law, the proffered instruction given on that subject should be simple, brief, impartial, and free from argument. If an appropriate IPI instruction does exist it must be used; however, the decision to give or refuse a non-IPI instruction is a matter within the sound discretion of the trial court. See 134 Ill. 2d R. 451(a); People v. Thomas, 175 Ill. App. 3d 521, 528, 529 N.E.2d 1071 (1988); see also People v. Sims, 265 Ill. App. 3d 352, 362, 638 N.E.2d 223 (1994) (<HOLDING>). An abuse of discretion occurs in refusing to 
 Holding statements: (A) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (B) holding that illinois courts give preference to applicable ipi instruction unless that particular instruction does not accurately state the law in that case the instructions may be modified or supplemented when the facts of a particular case make them inadequate (C) holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel (D) holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error (E) holding that a judgment on appeal constitutes the law of the case as to particular issues decided and is applicable throughout subsequent stages of the case

SOLUTION:
(B)