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: the Title VII limitations period is an affirmative defense; rather, it referred to the filing period as something "like a statute of limitations” which "generally create affirmative defenses.” See Gordon, 675 F.2d at 360. Furthermore, Gordon's discussion came in response to the defendant’s (rejected) claim that the filing period was jurisdictional and did not purport to address, let alone decide, whether compliance with the filing deadline was condition precedent or an affirmative defense. 13 . Plaintiffs have not argued waiver, estoppel, or that the doctrine of equitable tolling should apply to cure their tardy filings, and based on the facts before us, we see nothing demanding their application. See, e.g., Biester v. Midwest Health Servs., Inc., 77 F.3d 1264, 1267 (10th Cir.1996) (<HOLDING>). 14 . Rather, each housekeeper who was told to 
 Holding statements: (A) holding that equitable tolling of a statute of limitations may be triggered 1 where a plaintiff has actively pursued his judicial remedies by a filing a defective pleading during the statutory period or 2 where a plaintiff was induced or tricked by his adversarys misconduct into allowing the filing deadline to pass (B) holding that equitable tolling applied where insurance company statements and conduct lulled plaintiff and his attorney into believing that plaintiffs uninsured motorist claim was properly filed (C) recognizing equitable tolling in the title vii context where the plaintiff has been deceived lulled into inaction actively misled or has in some extraordinary way been prevented from asserting his or her rights quotations and citations omitted (D) holding equitable tolling appropriate where a party is prevented in some extraordinary way from exercising his rights (E) holding title vii subject to equitable tolling

Answer: (C)


Question: (3) Dr. Hickman’s observation that Seever’s surgeries, residual pain, and physical limitations “have taxed his psychological coping abilities,” ApltApp. at 372. But Dr. Hick man interpreted this information as presenting no more than a slight impairment—meaning that he could still function well—as to understanding, remembering, and carrying out detailed instructions, and he declined to identify any other mental capabilities affected by Seever’s depression. We will not fault the ALJ for failing to interpret Seever’s symptoms and test results differently than Dr. Hickman. See Winfrey v. Chater, 92 F.3d 1017, 1022 (10th Cir.1996) (observing that an ALJ may not substitute his lay opinion for a medical opinion); Hamilton v. Sec’y of Health & Human Servs., 961 F.2d 1495, 1500 (10th Cir.1992) (<HOLDING>). Nor are we convinced that the ALJ should have 
 Holding statements: (A) recognizing that this court may not reweigh evidence (B) recognizing this method (C) recognizing this presumption (D) recognizing this distinction (E) recognizing this rule

Answer: (A)


Question: 151, 27 L.Ed. 887 (1883)). Whüe repeals by implication “are not favored,” Congress is not required to make an express statement in order to modify an existing statute via subsequent appropriations legislation. Tennessee Valley Auth. v. Hill, 437 U.S. 153, 189, 98 S.Ct. 2279, 57 L.Ed.2d 117 (1978) (internal quotation marks omitted). A “positive repugnancy” between the existing statute and the appropriations statute is sufficient to indicate the earlier statute’s suspension or repeal. Id. at 190, 98 S.Ct. 2279 (internal quotation marks omitted); see also Morton v. Mancari, 417 U.S. 535, 550, 94 S.Ct. 2474, 41 L.Ed.2d 290 (1974) (repeal is implied when the earlier and later statutes are “irreconcilable”). Congress could not have stated more clearly that the ATF is prohib -16 (E.D.Va.1999) (<HOLDING>). Since the ATF owes the plaintiff no duty 
 Holding statements: (A) holding that to grant a writ of mandamus a court in the exercise of its discretion must be satisfied that the writ is appropriate under the circumstances (B) holding that section 925c authorizes judicial review of only the denial of an application for relief (C) holding that the only role for the judiciary is judicial review of a denial of relief under  925c (D) holding that congress clearly intended to suspend  925c relief by denial of funding for investigating and processing applications under the statute and denying writ of mandamus (E) holding that a denial of due process warrants mandamus relief

Answer:
(D)