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: of the documents. In his report, Gage stated only that the witnesses could not recall whether or not Peng raised his fist, but that they saw Peng grab the documents from Mei Hu. Peng has submitted a declaration by C. Peng that neither he nor Mr. Chi ever told anyone anything about what happened. As the district court noted, Peng has not cast doubt on the fact that, prior to Peng’s arrest, Jonathan Hu, acting as interpreter, told Gage that the two witnesses saw Peng grab the documents from Mei Hu. Peng has cast doubt on the identity of the witnesses and the veracity of Jonathan Hu, but Gage could not have known this at the time of the arrest. We are satisfied that Gage made a reasonable investigation under the circumstances before he arrested Peng. See Fuller, 950 F.2d at 1442-44 (<HOLDING>). We conclude that the presence of a factual 
 Holding statements: (A) holding that police officers have a duty to conduct an investigation into the basis of the witness report (B) 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 (C) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (D) holding that an insurer has a duty to conduct an investigation reasonably appropriate under the circumstances (E) holding that witness statements in police report inadmissible

Answer: (A)


Question: a particularized need. 4. Seriousness of the Litigation and Issues Holmes maintains that the gravity of her allegations — namely, that IPRA “concealed] its widespread efforts to cover-up unlawful shootings by police officers,” Pl.’s Reply Br. at 3 — warrants disclosing the draft summary reports. In other words, Holmes asserts that the privilege is overcome because IPRA’s deliberative process, which includes the back-and-forth exchange of draft summary reports between supervisors and investigators, is “part of the code of silence.” Id. Where a plaintiff directly challenges a government agency’s deliberative process, courts routinely find that there is a particularized need for disclosure. See, e.g., Smentek v. Sheriff of Cook Cnty., 2013 WL 2588709, at *4 (N.D. Ill. June 11, 2013) (<HOLDING>); Ferrell, 177 F.R.D. at 430-31 (finding a 
 Holding statements: (A) holding that both saline county and grant county had jurisdiction to try the appellant for murder where the actual killing occurred in one county but the acts requisite to the consummation of the murder and the subsequent disposal of the body occurred in the other county (B) holding that mandatory visual strip search policy in county jail was unconstitutional (C) holding that public employees working for the office of cook county assessor and receiving their compensation from cook county had no vested right in the expectation of the continuance of this compensation (D) holding that plaintiffs had a particularized need for cook county jail prebudget documents after observing that the plaintiffs theory is that the county allegedly approved the dental services budget despite knowing that it might create unconstitutional conditions at the jail accordingly  the countys deliberative process is directly at issue in this case (E) holding that employees of county jail that housed federal prisoners pursuant to contract with the federal government were not federal employees even though county jail had to comply with federal rules and regulations

Answer: (D)


Question: included offense. Based on the foregoing, it is arguable the directed verdict issue is not preserved as defense counsel did not specifically renew his directed verdict motion at the conclusion of the evidence. Rather, he made only a general reference to renewing his “previous objections,” a statement he made earlier which did not include his directed verdict motion. See State v. Bailey, 298 S.C. 1, 377 S.E.2d 581 (1989) (finding defense counsel’s statement at the end of all the evidence that he was making the “standard motions” did not preserve the issue of directed verdict for appeal); State v. Taylor, 333 S.C. 159, 508 S.E.2d 870 (1998) (noting a general or nonspecific objection presents no issue for appellate review); see also State v. Parler, 217 S.C. 24, 59 S.E.2d 489 (1950) (<HOLDING>); Note to Rule 19, SCRCrimP (stating the rule 
 Holding statements: (A) holding under former circuit court rule 76 the denial of the defendants directed verdict motion was not preserved for appeal where he failed to renew the motion after presenting evidence (B) holding in a capital case that the defendant waived his argument that the trial court erred when it denied his motion for a change of venue where the trial court took the motion under advisement but the defendant failed to seek a ruling on the motion and failed to renew the motion after the jurors had been qualified (C) holding in an appeal from the denial of a rule 32 petition that the appellants claim that the circuit court erred in not ruling on his motion to subpoena a transcript of his guilty plea proceedings was not preserved for review because the circuit court never ruled on the motion and the appellant never objected to the circuit courts failure to rule on the motion (D) holding that the trial court erred in granting the school boards posttrial motion for directed verdict because although the school board timely moved for a directed verdict during trial it did not serve its motion for directed verdict until the eleventh day after the verdict (E) holding defendants failure to file motion for judgment notwithstanding verdict did not prevent district court from granting motion for directed verdict for which court reserved decision

Answer:
(A)