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: F.2d 448, 451 (1st Cir.1975). Anderson’s condition at the time of the statement was described as excited, nervous and scared, and he appeared as if “he did not know what to do.” Moreover, his statement directly related to an exciting event, the shooting. Thus, based on the evidence and circumstances known at the time of its ruling, the trial court could have reasonably concluded that the exciting event witnessed by Anderson was the shooting itself. Accordingly, to the extent the trial court based its ruling on the fact that Anderson personally perceived the shooting, we find no abuse of discretion. We further note that the startling occurrence that triggers the excited utterance need not necessarily be the crime itself. See Salazar v. State, 38 S.W.3d 141, 154-55 (Tex.Crim.App.2001) (<HOLDING>); Couchman v. State, 3 S.W.3d 155, 159 
 Holding statements: (A) holding trial court could have found startling event or condition was declarants sustaining an injury or the pain she later experienced (B) holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence (C) holding that a lower court properly admitted a fouryear olds hearsay statement although she made it 1215 hours after the startling event (D) holding that statement must be product of a startling event (E) holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective

SOLUTION: (A)

PROBLEM: as an entity wholly owned by the Soviet Union’s Ministry of Medium Machine Building. Raccoon relies on that portion of § 1603(b) which states that “agency or instrumentality of a foreign state” does not include an entity created under the laws of a third country. Raccoon’s argument is without merit. Navoi has presented credible evidence showing that in 1992, following the collapse of the Soviet Union and Republic of Uzbekistan’s declaration of independence, ownership and control of Navoi passed to the Uzbek Government by decree of the Cabinet of Ministers. At all times relevant to the instant litigation, Navoi was an Uzbek entity created by the Uzbek Cabinet of Ministers under the laws of the Republic of Uzbekistan. See Gould v. Pechiney Ugine Kuhlmann, 853 F.2d 445, 450 (6th Cir.1988) (<HOLDING>). Finally, Raccoon challenges Navoi’s prima 
 Holding statements: (A) holding that statutory good time credits must be calculated under the law in effect at the time of resentencing after an appeal of the sentence is determined (B) holding that for purpose of the fsia a foreign entitys status is determined based upon the jurisdictional facts existing at the time the act complained of occurred (C) holding state of the law must be determined at time of challenged action (D) holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum (E) holding that clearly established federal law as determined by the supreme court under aedpa is the law at the time of the statecourt adjudication on the merits not at the time the conviction becomes final

SOLUTION: (B)

PROBLEM: that their complaints about working conditions were protected by the First Amendment: A “public employee may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run.” “[T]he relevant inquiry is not whether the public would be interested in the topic of the speech at issue but rather is “whether the purpose of the [the plaintiffs] speech was to raise issues of public concern.’ ”... The record in this case reveals that the speech of [plaintiffs], while ostensibly intermingled with issues of child safety and DeKalb DFCS mismanagement, was not intended to address matters of public concern from the perspective of a citizen. See White Plains Towing Corp. v. Patterson, 991 F.2d 1049, 1059 (2d Cir.1993) (<HOLDING>). 510 F.3d at 1344-45 (some internal citations 
 Holding statements: (A) recognizing that even as to an issue that could arguably be viewed as a matter of public concern if the employee has raised the issue solely in order to further his own employment interest his first amendment right to comment on that issue is entitled to little weight (B) holding that an issue is preserved for appeal where the issue was sufficiently raised for the court to rule on it   (C) holding that a partys failure to raise an issue in the opening brief waived the issue even though the party raised the issue in his reply brief (D) holding that where an issue is raised in the district court but raised late and the district court declines to deem the issue waived the issue may be raised on appeal (E) holding if an employee does not speak as a citizen on a matter of public concern the employee has no first amendment cause of action based on his or her employers reaction to the speech

SOLUTION:
(A)