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.
--------
Question: Id. The district court excluded this portion of the expert’s testimony. Id. at 1397. Relying on Downing, the Third Circuit reversed. Id. at 1401. We agree that expert testimony on eyewitness identification may properly be admitted under Daubert in certain circumstances, but Stevens simply does not persuade us that the district court abused its discretion in the instant case. We note that here there were five eyewitness identifica tions, not one. Likewise, as counsel for the government pointed out at argument, there was also testimony that Mr. Smith changed his alibi. In this admittedly close case, we hold only that the district court did not abuse its discretion in excluding the testimony under the circumstances. See United States v. Blade, 811 F.2d 461, 465 (8th Cir.1987) (<HOLDING>); United States v. Smith, 736 F.2d 1103, 
 Holding statements: (A) holding admissible expert testimony concerning factors that may impair eyewitness identification and rejecting that concerning a particular eyewitness credibility and the statistical probability of eyewitness misidentification (B) holding no abuse of discretion to exclude expert eyewitness identification testimony where governments case relied on more than eyewitness identification (C) holding that the trial court did not err by failing to instruct the jury to consider certain additional factors in evaluating the validity of eyewitness identification testimony (D) holding that a specific instruction was unnecessary because eyewitness was crossexamined and the eyewitness testimony was discussed in defense counsels opening statement (E) holding exclusion of expert eyewitness identification testimony harmless error where governments case included three separate eyewitnesses and a palm print that discredited the defendants alibi

Answer: (B)


Question: exception, which provides that “[t]here is no time limit on the filing of a motion to reopen” if the motion “is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.” 8 U.S.C. § 1229a(c)(7)(C)(ii). After review of the administrative record and consideration of the parties’ briefs, we dismiss the petition in part and deny the petition in part. I Ms. Lian acknowledges that binding circuit precedent prohibits us from reaching her challenge to the BIA’s refusal to reopen her proceedings sua sponte under 8 C.F.R. § 1003.2(a). See Lenis v. U.S. Att’y Gen., 525 F.3d 1291, 1293 (11th Cir.2008) (<HOLDING>). Nonetheless, Ms. Lian urges us to overrule 
 Holding statements: (A) holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte (B) holding that this court lacks jurisdiction to review claims that have not been raised before the bia (C) holding that this court lacks jurisdiction to review decisions of the bia refusing to reopen immigration proceedings sua sponte (D) holding that a decision of the bia whether to reopen a case sua sponte under 8 cfr  10032a is entirely discretionary and therefore beyond the courts review  ie the court lacks jurisdiction to review the bias decision not to reopen (E) holding that the court lacks jurisdiction to review legal arguments not raised before the bia

Answer: (C)


Question: (2003), this court considered this very issue. In Collins, after a jury verdict was awarded against it, IGT made timely motions for JNOV, new trial, and new trial nisi remittitur. Id. at 560, 579 S.E.2d at 524. All of these motions were denied by the trial judge and IGT was served with a copy of the order on September 5, 2001. Id. IGT served a motion to alter or amend pursuant to Rule 59(e), SCRCP, on September 12, 2001, which merely restated the arguments made in the post-trial motions. Id. at 561, 579 S.E.2d at 524. IGT received written notice of the entry of the order denying its motion to alter or amend on November 5, 2001, and thereafter served its notice of appeal on November 21, 2001. Id. Relying on Coward Hund Constr. Co. v. Ball Corp., 336 S.C. 1, 518 S.E.2d 56 (Ct.App.1999) (<HOLDING>) and Quality Trailer Products, Inc. v. CSL 
 Holding statements: (A) holding that issues are not waived for failing to file posttrial motions from a remand proceeding where no evidence was presented because no posttrial motions were required under those circumstances (B) holding argument based on economic loss rule waived when raised for first time in posttrial motions (C) holding that successive new trial or jnov motions do not toll the time for serving the notice of appeal (D) holding that successive rule 59e motions unlike timely filed ones do not toll the time for appealing (E) holding that successive posttrial motions do not toll the time for appeal

Answer:
(E)