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: the peremptory strike. Purkett v. Elem, 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995). In this case, we cannot say that the Florida state court’s judgment was contrary to, or an unreasonable application of clearly established federal law, specifically the Supreme Court’s holding in Bat-son. As for the State’s strike of the first black prospective juror, the interaction between the parties and the state court (where, upon being challenged, the State revealed that it wished to strike this juror because two prosecutors had seen her sleeping during the jury selection process, and the trial court then moved onto the next juror) was adequate under Batson, so trial counsel was not ineffective in that respect. See Hightower v. Terry, 459 F.3d 1067, 1072 n. 9 (11th Cir.2006) (<HOLDING>). Moreover, even assuming that Sneed’s counsel 
 Holding statements: (A) recognizing this purpose albeit implicitly (B) recognizing that a trial judge can implicitly find a prosecutors proffered reasons credible (C) holding that the trial judge cannot simply rjubber stamp  a prosecutors nonracial explanation no matter how whimsical or fanciful  but in order to permit a questioned peremptory challenge  must conclude that the proffered reasons are first neutral and reasonable and second not a pretext (D) holding that findings by the trial judge are considered binding on appeal when supported by adequate substantial and credible evidence (E) holding that state prosecutors agreements with defendant not binding on federal prosecutors

SOLUTION: (B)

PROBLEM: and so require an interpretive step to determine the expressive elements of these processes. However, neither the Supreme Court nor our court has ever drawn a distinction between the process of creating a form of pure speech (such as writing or painting) and the product of these processes (the essay or the artwork) in terms of the First Amendment protection afforded. Although writing and painting can be reduced to their constituent acts, and thus described as conduct, we have not attempted to disconnect the end product from the act of creation. Thus, we have not drawn a hard line between the essays John Peter Zenger published and the act of setting the type. Cf. Minneapolis Star & Tribune Co. v. Minn. Comm’r of Revenue, 460 U.S. 575, 582, 103 S.Ct. 1365, 75 L.Ed.2d 295 (1983) (<HOLDING>). The process of expression through a medium 
 Holding statements: (A) holding that dating is a type of association protected by the first amendment (B) holding that private possession of child pornography is not protected by the first amendment (C) holding first amendment claim requires actual protected conduct (D) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (E) holding that a tax on ink and paper burdens rights protected by the first amendment

SOLUTION: (E)

PROBLEM: who agreed to purchase the property “as is” and assumed the risk of properly determining the property’s value); Isaacs v. Bishop, 249 S.W.3d 100, 110 (Tex.App.-Texarkana 2008, pet. denied) (suggesting the appellee was negligent for failing to read a promissory note, but still upholding rescission based on fraud by the appellant). Contrary to the Commission’s argument, the proportional responsibility of the parties to investigate does not negate a finding of misrepresentation. See Pleasant v. Bradford, 260 S.W.3d 546, 555 (Tex.App.-Austin 2008, pet. denied) (concluding that “[t]he opportunity to conduct an independent investigation of a representation, without more,” does not negate a finding of fraud); Barber v. Keeling, 204 S.W. 139, 140 (Tex.Civ.App.-San Antonio 1918, no writ) (<HOLDING>). Conclusion On the record before us, we 
 Holding statements: (A) holding majority shareholder liable when he used his control of the board for the malicious purpose of  preventing dividends and otherwise lowering the value  of the stock of the minority shareholders (B) holding that the director of a bank and friend of the appellee was liable for misrepresentations about the value of stock despite evidence tending to show that appellee could by an investigation have ascertained the falsity of the representations (C) holding that if the market value of an asset can be ascertained the decree should account for the change in value between the date of the decree and the timely execution of the distribution plan in the decree the distribution based on value at the distribution date (D) holding when defendant raised affirmative defense of total failure of consideration that even assuming the acquired stock became worthless the worthlessness of the stock did not constitute a failure of consideration when in exchange for note defendant received 2500 shares of stock   as well as all the rights privileges and benefits of a shareholder director and officer emphasis supplied punctuation omitted (E) holding in action for breach of contract caused by wrongful foreclosure and sale of shares of stock plaintiff was entitled to recover the fair market value of the stock at the time of its sale

SOLUTION:
(B)