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: the direction that McDowell testified the assailant fled. Other evidence also confirmed that Hayward’s blood was found in the victim’s pockets and on the car. The discrepancies in McDowell’s testimony did not prove that he failed to observe or could not recall the most important points about which he testified. Hayward is correct that the trial court relied on McDowell’s testimony that Des-tefano said “I don’t have no more” in finding that the murder occurred during a robbery for pecuniary gain. However, that aspect of McDowell’s testimony never wavered. Although McDowell was older, in poor health, and possibly confused about some aspects of the event he witnessed, that does not provide a basis to disqualify him. See, e.g., Belcher v. Johnson, 834 So.2d 422, 422-23 (Fla. 2d DCA 2003) (<HOLDING>). Even insanity of a witness has been found to 
 Holding statements: (A) holding that an elderly woman with dementia is not disqualified as a witness simply for those reasons (B) holding that an order was final for these identical reasons (C) holding that a forensic accountant is an expert witness not a lay witness (D) holding that juror was not automatically disqualified under beckett because of the jurors friendship with a law enforcement officer who was a key witness for the stale (E) holding outofcourt statements relating to reasons for investigation are not admissible where the reasons for the investigation are not at issue

Answer: holding that an order was final for these identical reasons


Question: 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

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


Question: UCL and CLRA. In considering whether the plaintiff in Bruno had standing to bring claims arising from the defendants’ gelcap product, when the plaintiff had only purchased the defendants’ liquid product, the court noted that “treatises and the vast majority of persuasive authority indicate that ... the issue of whether a class representative may be allowed to present claims on behalf of others who have similar, but not identical, interests depends not on standing, but on an assessment of typicality and adequacy of representation.” Id. at 530 (citing Greenwood v. Compucredit Corp., No. 4:08-cv-04878, 2010 WL 4807095, at *3 (N.D.Cal. Nov. 19, 2010); Arevalo v. Bank of Am. Corp., 850 F.Supp.2d 1008, 1017 (N.D.Cal.2011); Fallick v. Nationwide Mut. Ins. Co., 162 F.3d 410, 423 (6th Cir.1998) (<HOLDING>); 7AA Wright et al., Federal Practice and 
 Holding statements: (A) holding that employers have standing to sue (B) holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act (C) recognizing associational standing when members would have standing in own right (D) holding that because plaintiff had standing to sue for injury arising from his own benefit plan his ability to represent class members with different benefit plans should be analyzed under rule 23 not standing (E) holding that plaintiffs lacked standing to sue

Answer:
holding that employers have standing to sue