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.

Q: Cordova’s final policymaking authority concerning the termination or transfer of employees. For the aforesaid reasons, I conclude summary judgment should enter against Singer on the § 1981 and § 1983 claims against the School District. B. Liability of Cordova under § 1981. I have concluded the School District is not liable to Singer under § 1981. I consider Defendants’ additional argument concerning the § 1981 claim since it remains of relevance to Singer’s § 1981 claim against Cor-dova. Defendants argue § 1981 does not apply to religious discrimination and the claim should be dismissed insofar as it is based on such discrimination. See Shapolia v. Los Alamos Nat’l Lab., 992 F.2d 1033, 1036 n. 3 (10th Cir.1993); Manzanares v. Safeway Stores, Inc., 593 F.2d 968, 971 (10th Cir.1979) (<HOLDING>). Singer cites the holding in Shaare Tefila 
 Holding statements: (A) holding discrimination based on pregnancy was not sex discrimination (B) holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex (C) holding that a violation of  1981 requires purposeful race discrimination (D) holding that racial discrimination is not a personal injury tort (E) holding  1981 is directed to racial discrimination although not necessarily limited to the technical or restrictive meaning of race but does not apply to sex or religious discrimination

A: (E)
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Q: the crime charged. If the evidence is cumulative, the trial court should more closely scrutinize its prejudicial effect. If the evidence is necessary to prove an element of the charge, the trial judge may have erred in not sustaining the defendant’s motion for a directed verdict of acquittal. Moreover, a defendant may have a valid objection, under federal rule 611(b), that the government’s cross-examination exceeds the scope of the direct. These added considerations are necessary not only to limit the impact of rule 404(b) on rule 608(b), but also to limit the prejudicial effect of allowing the government to have the last say through evidence of a defendant’s prior misconduct. Smith Grading & Paving, 760 F.2d at 581; see also United States v. Horton, 847 F.2d 313, 324-25 (6th Cir.1988) (<HOLDING>). The purpose of Rule 608(b) is to prevent 
 Holding statements: (A) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (B) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper

A: (D)
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Q: changes in our culture, did not alter our essential federal constitutional structure. See New York v. United States, 505 U.S. 144, 159, 112 S.Ct. 2408, 120 L.Ed.2d 120 (1992) (“The actual scope of the Federal Government’s authority with respect to the States has changed over the years ... but the constitutional structure underlying and limiting that authority has not.”). In Texas v. White, 74 U.S. (7 Wall.) 700, 19 L.Ed. 227 (1868), decided the same year the Fourteenth Amendment wa ct of the law [is] to direct the functioning of the state executive, and hence to compromise the structural framework of dual sovereignty .... It is the very principle of separate state sovereignty that such a law offends.... ”); Seminole Tribe v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) (<HOLDING>); id. at 72, 116 S.Ct. 1114 (“[W]e reconfirm 
 Holding statements: (A) recognizing that congress has specifically abrogated the eleventh amendment defense when legislating pursuant to  5 of the fourteenth amendment and its article i  8 plenary power over commerce but refusing to extend authority to abrogate to legislation enacted pursuant to the indian commerce clause the indian gaming regulatory act (B) recognizing the power of federal courts to decide cases is restricted by the cases and controversies clause of article iii (C) holding that the exercise of judicial power under article iii of the united states constitution requires an actual case or controversy (D) holding that the eleventh amendment bars con gress from using its power under the indian commerce clause of article i to expand the jurisdiction of the federal courts under article iii (E) holding that eleventh amendment bars federal suits against state courts

A:
(D)
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