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.
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Question: states that a lack of due diligence should not prevent a party from presenting the new evidence. See Restatement (Second) of Judgments § 29 cmt. j (1982); see also Barker v. Brinegar, 346 N.J.Super. 558, 788 A.2d 834, 840 (2002) (“[T]he judge may consider diligence, or lack of diligence, ... [but] a lack of diligence does not require invocation of collateral estoppel particularly where, as here, plaintiff attempted to obtain Dr. Matthew’s evaluation prior to the arbitration proceeding.”). But see Klein v. Comm’r, 880 F.2d 260, 263 (10th Cir.1989) (“A party may not assert a change in controlling facts when the facts allegedly showing a change in circumstances could have been discovered in the exercise of due diligence.”); Calcutt v. Comm’r, 91 T.C. 14, 25, 1988 WL 71262 (1988) (<HOLDING>). Having concluded that the fairness 
 Holding statements: (A) holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial (B) holding that evidence which by due diligence could have been produced in the first proceeding is considered to have been available at the first proceeding and therefore will not preclude the application of collateral estoppel (C) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (D) holding that a workers compensation proceeding is a legal proceeding (E) holding that the party against whom collateral estoppel is asserted must have been a party to the prior action

Answer: holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial


Question: v. Valenzuela, 722 F.2d 1431, 1433 (9th Cir.1983) (requiring the defendant to shave); United States v. Lamb, 575 F.2d 1310, 1316 (10th Cir.1978) (same); United States v. Murray, 523 F.2d 489, 492 (8th Cir.1975) (requiring the defendant to wear a wig); United States v. Roberts, 481 F.2d 892, 894 (5th Cir.1973) (requiring the defendant to put on a stocking mask worn during the robbery). If a defendant who is compelled to don clothing before the jury does not “testify” for purposes of the Self-Incrimination Clause, it would seem to follow, a fortiori,' that the Self-Incrimination Clause also provides that a defendant who voluntarily dons clothing before the jury may not be required to subject himself to cross-examination. See United States v. Bay, 762 F.2d 1314, 1315-16 (9th Cir.1985) (<HOLDING>). We therefore conclude that a physical 
 Holding statements: (A) holding that district court did not err in concluding after an evidentiary hearing that the immunity agreement between defendant and the government did not extend to the charge being prosecuted (B) holding that the district court correctly declined to instruct the jury that the government was required to prove as an element of the offense that the defendant did not intend to establish a life with his wife (C) holding that a district court did not err in concluding that the defendant was not entitled to a downward departure due to his status as an alien subject to removal (D) holding that the district court erred in concluding that a defendant was required to take the stand to display his tattoos because the government may compel a defendant to display such physical characteristics (E) holding the government must demonstrate the defendant knew of the characteristics of the firearm that required it to be registered

Answer: holding that district court did not err in concluding after an evidentiary hearing that the immunity agreement between defendant and the government did not extend to the charge being prosecuted


Question: hearing. See, e.g., Traylor v. State, 596 So.2d 957, 979 (Fla.1992) (Kogan, J., concurring in part, dissenting in part) (explaining that the acts of an attorney may be imputed to the client except in circumstances involving fraud or violations of professional ethics). The record does not reflect that there was any evidentiary support for the trial court’s finding that private counsel made the statements in reliance on information she received from C.B. Moreover, the limited record before us reflects that these representations were not consistent with or material to the allegations made by C.B. in her initial letter to the court or by regional counsel in the motion to withdraw consent. Under these circumstances, we conclude that relief is warranted. See Howard, 959 So.2d at 313 (<HOLDING>). Because the evidence did not establish that 
 Holding statements: (A) holding in an appeal from the dismissal of the plaintiffs complaint pursuant to rule 12b6 that when the papers before the sixth circuit indicate that the plaintiff could submit an amended complaint that would state a claim upon which relief can be granted the proper course is to remand to permit the plaintiff to amend (B) holding that the defendants failed to establish an entitlement to dismissal of the plaintiffs complaint when the alleged fraud was immaterial to any issue that would ultimately be presented to the fact finder (C) holding that a plaintiffs complaint need only establish a plausible entitlement to relief (D) holding that the district court did not err in finding that the plaintiff failed to provide adequate notice of new allegations where the plaintiffs complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment (E) holding where the plaintiff presented evidence which demonstrates that the terms alleged by the defendants to be indefinite were in fact sufficiently well delineated to all parties the entry of judgment notwithstanding the verdict in favor of the defendants was inappropriate despite the fact that the defendants contested the plaintiffs evidence concerning the manner in which the relevant contractual language should be construed

Answer:
holding in an appeal from the dismissal of the plaintiffs complaint pursuant to rule 12b6 that when the papers before the sixth circuit indicate that the plaintiff could submit an amended complaint that would state a claim upon which relief can be granted the proper course is to remand to permit the plaintiff to amend