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: Court held that a federal court should not enjoin a state criminal prosecution begun prior to the institution of the federal suit except upon a “showing of bad faith, har-rassment, or any other unusual circumstance that would call for equitable relief.” Younger, 401 U.S. at 53-54, 91 S.Ct. at 754-55. In later cases, the Court has held that the Younger doctrine is “fully applicable to noncriminal judicial proceedings when important state interests are involved.” Middlesex County Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 432, 102 S.Ct. 2515, 2521, 73 L.Ed.2d 116 (1982); see Moore v. Sims, 442 U.S. 415, 423, 99 S his lower court view, at least by negative inference. See Hawaii Housing Authority v. Midkiff 467 U.S. 229, 237-39, 104 S.Ct. 2321, 2327-29, 81 L.Ed.2d 186 (1984) (<HOLDING>). Since the Commonwealth began this eminent 
 Holding statements: (A) holding that because debtor retained control of property a transfer had not yet occurred (B) holding that where the dispositive issue in an administrative proceeding was whether an accident occurred as the plaintiff alleged it did collateral estoppel did not bar litigation of whether the accident was workrelated because that issue had not yet been litigated (C) holding voluntary dismissal permissible because trial court had not yet reached a decision on the merits (D) holding that younger abstention was not appropriate because eminent domain proceeding had not yet begun when plaintiffs began their federal court action (E) holding that debt collector violated fdcpa when it held debtor liable for court costs that had not yet been awarded

Answer: (D)


Question: should be drawn from the defendant's failure to call his accomplices to testify. The prosecutor remarked only that Mitchell had the power to subpoena witnesses, and that the defense could do so "if they thought it would contradict something [the State! presented.” In light of defense counsel’s earlier statements that "clearly you have a situation where a misidentification could take place,” and that the jury should be able to see Corprew, Cochran, and Henderson in the courtroom, the prosecutor's remarks did not relate to the substance of those witnesses’ potential testimonies. Had the prosecutor inferred that Corprew, Cochran, and Henderson would have testified unfavorably to the defense, that inference might well have conflicted with Christensen, 274 Md. at 140-41, 333 A.2d at 49 (<HOLDING>). Nevertheless, we conclude that the 
 Holding statements: (A) holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime (B) holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely (C) holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege (D) holding that witness was not an accomplice in distributing marijuana to himself (E) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify

Answer: (C)


Question: appealing the ALJ’s decision to the Board are exactly the same in LHWCA and DBA cases. Id. at 1113-1115. However, the 1972 amendments also amended the judicial review provisions of the LHWCA to provide direct review of the Board’s decision to the federal court of appeal where the injury occurred, not to the district court. See 33 U.S.C.A. § 921(c); Home Indem. Co., 597 F.2d at 90. Congress has not, however, amended the judicial review provision of the DBA that expressly modified the former judicial review provisions of the LHWCA. Section 3(b) of the DBA still provides, as quoted above, that judicial review of compensation orders lies in the appropriate district court. Section 3(b) controls judicial review of compensation orders in DBA cases. See Home Indem. Co., 597 F.2d at 89 (<HOLDING>); AFIA/CIGNA Worldwide, 930 F.2d at 1115 
 Holding statements: (A) holding that fehbas complete preemption provision closely resembles erisas express preemption provision and precedent interpreting the erisa provision thus provides authority for cases involving the fehba provision (B) holding that if a provision of the dba specifically modifies a provision of the lhwca the dba provision controls in a dba case (C) holding wills more specific provision prevails over general provision (D) holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision (E) holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them

Answer:
(B)