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: that Turner exhibited symptoms of ADHD prior to the age of seven, a requirement for diagnosis of this condition, and none of the data reviewed by Dr. Danziger suggested an onset prior to age seven either. Had trial counsel presented Dr. Eisenstein as an expert during the penalty phase, the State would have undermined his opinions in the same manner as occurred during the evidentiary he ) (rejecting Caldwell challenge to the standard jury instructions on the mer jecting challenge to constitutionality of execution methods as meritless); Darling v. State, 45 So.3d 444, 447-48 (Fla.2010) (rejecting challenge to constitutionality of section 945.10, Florida Statutes (2007), which exempts from public records the identity of an executioner); Israel v. State, 985 So.2d 510, 521 (Fla.2008) (<HOLDING>). Cumulative Error Finally, where the 
 Holding statements: (A) holding that the right to counsel in probation revocation proceedings is not absolute where the defendant has been convicted of or has admitted to committing a crime (B) holding if there has been no termination of employment there has been no layoff or reduction in force (C) holding that a claim that the defendant may be insane at the time of execution is premature where no death warrant has been signed and the defendant has not been found to be incompetent (D) recognizing that it has long been the rule that a mechanics lien claim may be waived (E) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced

Answer: (C)


Question: 421 U.S. 723, 95 S.Ct. 1917, 44 L.Ed.2d 539 (1975), and is consistent with the holdings in Herman & MacLean v. Huddleston, 459 U.S. 375, 382, 103 S.Ct. 683, 687, 74 L.Ed.2d 548 (1983), and in Basic, Inc. v. Levinson, supra. Blue Chip Stamps held that a section 10(b) plaintiff must be a purchaser or seller of a security, and thus limited standing under the 1934 Act to “plaintiffs ... who have at least dealt in the security to which the prospectus, representation, or omission relates.” Id. 421 U.S. at 747, 95 S.Ct. at 1931. Put and call option trading on an underlying security is directly affected by the prospecti, representations and omissions of the issuer of the underlying security. See Deutschman, 841 F.2d at 506. Cf. Kirby v. Cullinet Software, Inc., 116 F.R.D. 303 (D.Mass.1987) (<HOLDING>). In Herman & MacLean v. Huddleston, 459 U.S. 
 Holding statements: (A) recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members (B) holding that class representatives cannot appear pro se (C) holding that sellers of covered calls are not atypical class representatives (D) holding that a class representatives ignorance of the case is not a bar to certification unless it impairs the representatives ability to vigorously prosecute the action (E) holding that it is error to certify class when named class representatives are not members of the class they purport to represent

Answer: (C)


Question: types of property which do not pass to the trustee under Section 70 of the Act. See, Comment, The Growth of Procedural Due Process into a New Substance: An Expanding Protection for Personal Liberty and a “Specialized Type of Property” ... in our Economic System, 66 N.W.U.L.Rev. 502, 525-532 (1971); Sniadach v. Family Finance Corp., supra, 395 U.S. at 340, 89 S.Ct. 1820; Lines v. Frederick, supra, 400 U.S. at 19, 91 S.Ct. 113. The Supreme Court has recently held, in what is a logical corollary to the notion of specialized property, that at times a trustee has too tenuous a relationship to a given claim to have standing to assert that claim on behalf of the bankrupt estate. See Caplin v. Marine Midland Grace Co. of New York, 406 U.S. 416, 92 S.Ct. 1678, 32 L.Ed.2d 195 (1972) (<HOLDING>). In view of these evolving federal policies of 
 Holding statements: (A) holding that the indenture trustee has a separate contractual claim for its fees and expenses (B) holding that the relevant indenture agreement allowed the trustee to bring tort and fraud claims on behalf of the bondholders (C) holding that a chapter 7 trustee was the only person with authority to bring  a cause of action after the appointment of a trustee (D) holding that a trustee does not have standing to sue a thirdparty on behalf of debenture holders (E) holding that a trustee in a proceeding under chapter x of the bankruptcy act did not have standing to assert on behalf of the holders of debentures issued by the bankrupt in reorganization various negligence claims against an indenture trustee

Answer:
(E)