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: paid with Vested Funds and Seized Funds. And while the majority of the ICE contract price was paid with DFI money, approximately $12 million, the record reflects that $8 million of the contract price was paid with Seized Funds. Thus, defendants have failed, with respect to either contract, to demonstrate that no “claim” was submitted within the meaning of the-FCA. And, accordingly, they are not entitled to summary judgment on this issue. B. Presentment Before FCA liability will attach to a “claim” for payment under § 3729(a)(1), the false or fraudulent “claim” must be “knowingly presented], or caus[ed] to be presented, to an officer or employee of the United Government or a member of the Armed Services of the United States.” 31 U.S.C. § 3729(a)(1); see also Totten II, 380 F.3d at 491 (<HOLDING>). This requirement ultimately presents no 
 Holding statements: (A) holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment (B) holding that presentment is a requirement of the fca (C) holding that the fca includes a materiality requirement (D) recognizing that criminal contempt is not initiated by an indictment or presentment (E) holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment

Answer: (B)


Question: statement during closing argument regarding his personal opinion of the defendant’s guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor’s improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that “the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct”); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P. 
 Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously  is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc  1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment

Answer: (D)


Question: V. Motion for Bifurcation of Guilt and Penalty Phases Appellant’s next two claims will be discussed simultaneously as they both involve his 1995 murder conviction in Maryland. The Commonwealth gave Appellant pretrial notice that during the penalty phase of trial, it would rely on his prior murder conviction as evidence of the aggravating circumstance that “[t]he defendant has been convicted of another murder committed in any jurisdiction and committed either before or at the time of the offense at issue.” 42 Pa.C.S. § 9711(d)(ll). Appellant argues that the trial court erred during pretrial voir dire by precluding him from asking potential jurors whether they would be influenced adversely or would otherwise be unable to follow the court’s instructions after learning that he , 37 (2012) (<HOLDING>). It is well established that the scope of voir 
 Holding statements: (A) recognizing that the due process guaranteed under the alabama constitution is coextensive with the due process guaranteed under the united states constitution (B) holding that because the due process clause in the federal constitution is applicable to the states under the fourteenth amendment the right is also guaranteed to defendants pursuant to the identical provision in article i section 5 of the hawaii constitution (C) holding that it is wellsettled that the sixth and fourteenth amendments of the united states constitution guarantee a defendant on trial for his life the right to an impartial jury (D) holding that the death penalty does not violate the prohibition against cruel punishments set forth in article 1 section 13 of the pennsylvania constitution (E) holding that a criminal defendants right to an impartial jury is guaranteed by article 1 section 9 of the pennsylvania constitution

Answer:
(E)