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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: two for support). The fallacy of this position is that it confuses and commingles two conflicting strands of case law which follow opposing judicial routes. As noted above, in every case cited by the majority in footnote two, the fruits of a search were deemed admissible only after the search was found to be constitutional, i.e., distinctions as to admissibility of the fruits of a particular search against the consenting occupant and the nonconsenting occupant were never drawn. There is no authority for the majority’s proposition that the fruits of an unconstitutional search should be admitted into evidence. Indeed such a proposition violates one of the founding principles of the Fourth Amendment. See Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963) (<HOLDING>). Most commentators also agree failure to 
 Holding statements: (A) holding that evidence obtained by improper search or seizure is inadmissible (B) holding that the physical fruits of a miranda violation must be suppressed (C) holding that evidence resulting from an unconstitutional search or seizure must be suppressed (D) holding that regardless of the applicable framework defendants statement must be suppressed (E) holding that the evidence obtained as part of an illegal stop should have been suppressed even where the defendants consented to the search

SOLUTION: holding that evidence obtained by improper search or seizure is inadmissible

PROBLEM: of the evidence. Hicks, 509 U.S. at 511, 113 S.Ct. at 2749. In interpreting Hicks, supra, the Second Circuit has stated definitively as follows: [Defendant] misreads the Supreme Court’s statement in Hicks that once a defendant produces evidence of a legitimate, nondiscriminatory reason for his or her action, the plaintiff must then establish that the defendant’s actions were intentionally discriminatory. [Defendant] takes this statement as requiring the plaintiff to adduce additional evidence after the defendant’s production — evidence beyond that presented in the plaintiffs prima facie case. Justice Scalia took pains to preclude such an interpretation of the Court’s decision when he observed that, upon rejection of the defendant’s proffered reasons for its action , 142 (2d Cir.1993) (<HOLDING>), cert. denied, — U.S. -, 114 S.Ct. 1189, 127 
 Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that former employer met its burden of proof that ubc exception applied (C) holding that the burden of proof is on the claimant (D) holding plaintiffs ultimate burden of proof can be met by combining proof submitted in its prima facie case with evidence that defendants proffered reasons for its acts were false (E) recognizing that a plaintiffs burden in establishing a prima facie case is not onerous

SOLUTION: holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence

PROBLEM: objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions. Submitted this 1st day of April, 2011. 1 . When parties fail to file timely objections to a magistrate judge’s report and recommendation, the Federal Magistrates Act does not require a district court to review the report before accepting it. Thomas v. Arn, 474 U.S. 140, 149, 106 S.Ct. 466, 88 ) (<HOLDING>); Oldrati v. Apfel, 33 F.Supp.2d 397, 399 
 Holding statements: (A) holding the appellate standard of review in fourth amendment search and seizure cases is limited to determining whether any evidence supports the trial courts finding and the appellate court may only reverse where there is clear error (B) holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record (C) holding that the role of the courts is limited to ascertaining whether there exists one of the specific grounds for the vacation of an award as provided in  10 of the arbitration act and that the court should not review the arbitration proceeding for errors of law or fact (D) holding without a transcript of proceedings below review on appeal is limited to errors of law that are apparent on face of record (E) holding that the courts review is limited to ascertaining whether there is clear error on the face of the record

SOLUTION:
holding the appellate standard of review in fourth amendment search and seizure cases is limited to determining whether any evidence supports the trial courts finding and the appellate court may only reverse where there is clear error