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: The State, by contrast, argues that because the court’s summary denial of Pinholster’s claim was an adjudication on the merits, we apply the usual deference required by AEDPA. Under our precedent, the California Supreme Court’s denial of Pinholster’s petition for writ of habeas corpus “on the substantive ground that it is without merit,” Pinholster II, 525 F.3d at 754, constitutes a decision on the merits of his federal claim. See Hunter v. Aispuro, 982 F.2d 344, 347-48 (9th Cir.1992) (noting that “the California Supreme Court’s denial of a habeas petition without comment or citation constituted a decision on the merits of the federal claims” (citing Harris v. Superior Court, 500 F.2d 1124, 1127-29 (9th Cir. 1974) (en banc))); Gaston v. Palmer, 417 F.3d 1030, 1038 (9th Cir.2005) (<HOLDING>). The Supreme Court has not addressed the 
 Holding statements: (A) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted (B) holding that we must first determine our jurisdiction before proceeding to the merits of the appeal (C) holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred (D) recognizing that we construe postcard denials such as these to be decisions on the merits citing hunter 982 f2d at 348 (E) recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court

Answer: (D)


Question: some recognized legal théory. Spinale v. U.S. Dep’t of Agric., 621 F.Supp.2d 112, 119 (S.D.NY 2009) (McMahon, J.) aff'd sub nom., 356 Fed.Appx: 465 (2d Cir.2009). However, a complaint containing “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged” will survive a motion to dismiss. See Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). B. Prison Litigation Reform Act As a threshold matter, the parties dispute whether the Prison Litigation Reform Act (“PLRA”) bars Plaintiffs from recovering compensatory damages. In relevant part, the statute states that “[n]o Federal civil action may be brought by a priso N.Y.2002) (Scheindlin, J.) aff'd, 56 Fed.Appx. 43 (2d Cir.2003) (<HOLDING>). For the well-articulated reasons in Judge 
 Holding statements: (A) holding that the relevant time of inquiry is the date of the filing of the complaint (B) holding with respect to another part of the plra that the court must determine the prisoners status on the date the suit or appeal is brought rather than at some other time (C) holding that the plra only applies to plaintiffs who are incarcerated at the time an action is commenced (D) holding that the plra bar applies to lawsuits brought by inmates regardless of whether the inmate is incarcerated at the time of filing or whether the plaintiff is subsequently paroled sentenced or released (E) holding that the donovan rule applies regardless of whether the injunction is issued before or after the federal court filing

Answer: (D)


Question: other forms of damages as well, including “the ‘lost’ value of services such as companionship and care ... and the loss of advice, guidance and counsel.” Id. at 607, 902 A.2d 238 (citing Green v. Bittner, 85 N.J. 1, 4, 424 A.2d 210 (1980)). The proper measure of damages in a wrongful death action is the deprivation of a reasonable expectation of a pecuniary advantage that would have resulted by a continuance of the life of the deceased. Curtis, supra, 83 N.J. at 569, 417 A.2d 15 (internal quotation and citations omitted). A wrongful death action can only be brought for the benefit of a decedent’s heirs. N.J.S.A. 2A:31-4. The action is commenced by either an administrator ad prosequendum of the decedent or an executor, if the decedent die , 537 N.Y.S.2d 26, 533 N.E.2d 1055 (1988) (<HOLDING>). The only other consideration of the issue by 
 Holding statements: (A) holding that federal estate tax credits that the decedent would have received had he lived longer could not be recovered in a wrongful death action absent express legislative authority (B) recognizing cause of action for wrongful death (C) holding that the loss of prospective federal estate tax credits as a consequence of an insureds premature death is not an element of damages under the florida wrongful death act (D) holding that premature payment of estate taxes was not a recoverable loss in a wrongful death action because the test is a measurement of benefits of pecuniary value that the decedent might have been expected to contribute to the surviving spouse and children had the decedent lived (E) holding that a cause of action for wrongful death is an asset of an estate

Answer:
(A)