TASK DEFINITION: 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.
PROBLEM: 375 F.3d 1341 (Fed.Cir.2004). Since, as we explain below, sufficient evidence supports the jury’s verdict, we need not consider whether the District’s failure to move for judgment as a matter of law at the close of its own case (as opposed to at the close of Smith’s case) further limits our review “to considering whether the verdict is so unsupported by the evidence that allowing it to stand would constitute a manifest miscarriage of justice,” Fredrick, 254 F.3d at 162. The District presents two fact-based challenges to the jury’s verdict. First, it argues that the jury could not have reasonably concluded that the District had a deliberately indifferent policy or custom under Monell v. New York City Department of Social Services, 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (<HOLDING>). Second, it claims that even had such a policy 
 Holding statements: (A) holding that discrimination against a municipal employee could trigger municipal liability under  1983 through official policy or custom (B) holding that county liability under  1983 cannot rest on a theory of respondeat superior (C) holding that conditionsofconfinement claims must be brought in 42 usc  1983 civil rights complaint rather than in habeas petition (D) recognizing respondeat superior liability (E) holding that municipal liability for purposes of claims brought under 42 usc  1983 must stem from an unconstitutional policy or custom rather than simply from respondeat superior

SOLUTION: holding that discrimination against a municipal employee could trigger municipal liability under  1983 through official policy or custom

PROBLEM: n. 7, 713 P.2d at 960 n. 7 (1986) (“Counsel has no right to cast upon the court the burden of searching through a voluminous record to find the ground of an objection. It is counsel’s duty to cite accurately the portions of the record supporting counsel’s position.” (Internal citation omitted.)); Hoang, 93 Hawaii at 336, 3 P.3d at 602 (2000) (“Because the factual basis of [appellant’s] alleged point of error is not part of the record on appeal, this court has no basis upon which to rule on the merits of his claim.” (Citation omitted.)) Even if Appellants’ allegations of fraudulent inducement are taken at face value, they fall short of “clear and convincing” evidence of fraudulent inducement. Honolulu Federal Savings & Loan Ass’n v. Murphy, 7 Haw. App. 196, 202, 753 P.2d 807, 812 (1988) (<HOLDING>). At a more fundamental level, they do not 
 Holding statements: (A) holding that a finding of fraud may be reversed only for clear error but that the finding must be judged in view of the clear and convincing burden of proof (B) holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied (C) holding that the standard of proving fraudulent inducement with respect to written contracts is extremely high and a written contract will be cancelled only in a clear ease of fraud supported by clear and convincing evidence citations omitted (D) holding that fraud on the court must be supported by clear unequivocal and convincing evidence (E) holding clear and convincing standard to prove fraud or fraudulent intent and preponderance of the evidence to prove other elements under  727

SOLUTION: holding that a finding of fraud may be reversed only for clear error but that the finding must be judged in view of the clear and convincing burden of proof

PROBLEM: to adjudicate Mr. DeBatto’s claims. Compl. ¶¶ 2, 4. The government initially contested this court’s jurisdiction over those claims, Def.’s Mot. at 7, referring to plaintiffs failure to cite the fact that his claims for disability retirement benefits fall within the ambit of 10 U.S.C. § 1201. Section 1201 provides that if the Secretary concludes that a service member is “unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay ... the Secretary may retire the member.” 10 U.S.C. § 1201(a). The Federal Circuit has repeatedly held that Section 1201 is money-mandating. See Chambers, 417 F.3d at 1223-24 (citing Fisher, 402 F.3d at 1174-75); Sawyer v. United States, 930 F.2d 1577, 1580 (Fed.Cir.1991) (<HOLDING>). Based upon Section 1201, Mr. DeBatto can 
 Holding statements: (A) recognizing that although provision of municipal service is not fundamental right inequitable provision of that service is subject to equal protection analysis (B) holding that an attempted service on the partys counsel was insufficient without proof of the counsels actual authority to receive service (C) holding that fdcpa statutory damages did not predominate over the requested equitable relief because given the defendants net worth and the number of class members each class member would be entitled to receive only 025 in statutory damages (D) holding because legislature knew how to include terms within statutory definition and did not do so statutory definition did not include terms in light of the terms contemporaneous inclusion of the same terms in a separate provision (E) holding that section 1201 is moneymandating and that when the terms of the statutory provision are met the service member is entitled to receive compensation

SOLUTION:
recognizing that although provision of municipal service is not fundamental right inequitable provision of that service is subject to equal protection analysis