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: of the government so recognized from the commencement of its existence.” Oetjen v. Cent. Leather Co., 246 U.S. 297, 303, 38 S.Ct. 309, 62 L.Ed. 726 (1918); see also Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 417, 84 S.Ct. 923, 11 L.Ed.2d 804 (1964) (“established rule” is that “recognition operates retroactively to validate past acts”); United States v. Pink, 315 U.S. 203, 233, 62 S.Ct. 552, 86 L.Ed. 796 (1942) (recognition is retroactive in effect); United States v. Belmont, 301 U.S. 324, 328-330, 57 S.Ct. 758, 81 L.Ed. 1134 (1937) (recognition is retroactive). Further, the FSIA itself is retroactive in application and applies to actions of foreign sovereigns prior to the passage of the FSIA. Republic of Austria v. Altmann, 541 U.S. 677, 124 S.Ct. 2240, 159 L.Ed.2d 1, (2004) (<HOLDING>). Consequently, the FSIA would apply to all 
 Holding statements: (A) holding that the fsia applied retroactively to actions of the austrian government in 1948 (B) holding that kotecki limit applied retroactively (C) holding the fourteenth amendment does not apply to the actions of the federal government (D) holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review (E) recognizing the objection requirement for new state constitutional rules applied retroactively

Answer: (A)


Question: time to the end of the videotape. III. Defendant moved, and the State cross-moved, for leave to appeal the Appellate Division’s judgment. We granted both motions, 205 N.J. 11, 11 A.3d 371 (2010), and we thereafter granted leave to the Attorney General to participate as an amicus curiae. Before this Court, defendant argues that the Appellate Division erred in rejecting the findings ajnd conclusions of the trial court that his initial request to speak with his mother was an invocation of his constitutional right to remain silent. First, he asserts that the panel was obligated to defer to the factual findings of the trial court and that its failure to do so yiolated the clear directives from this Court, requiring reversal. See State v. Robinson, 200 N.J. 1, 17, 974 A.2d 1057 (2009) (<HOLDING>); State v. Elders, 192 N.J. 224, 244, 927 A.2d 
 Holding statements: (A) holding that the district courts denial of a reduction for acceptance of responsibility is a factual question and should be accorded great deference and should not be disturbed unless clearly erroneous (B) holding that trial courts determination of whether defendant accepted responsibility should not be disturbed unless it is without foundation (C) holding that a trial courts findings should be disturbed only if they are so clearly mistaken that the interests of justice demand intervention and correction (D) holding that this court will only set aside district courts factual findings when they are clearly erroneous (E) holding that the case should be reopened where the cause has not proceeded so far that the ends of justice would be defeated or the orderly process of the court disturbed

Answer: (C)


Question: law controls both the award of and the reasonableness of fees awarded where state law supplies the rule of decision.”) Because Pikco’s entitlement to fees is based on a contract governed by Missis-sippi law, the Court will apply Mississippi law to determine whether the requested fees are reasonable. In most cases in Mis-sissippi, whether state or federal law ap-plies is a distinction without a difference because the lodestar method and John-son factors applied by federal courts are “almost identical” to those applied by the Mississippi Supreme Court and codified in Rule 1.5 of the Mississippi Rules of Profes-sional Conduct. See Mauck v. Columbus Hotel Co., 741 So.2d 259, 272 (Miss. 1999); Ill. Cent. R.R. Co. v. Harried, No. 5:06cv160, 2011 WL 283925, at *7 (S.D. Miss. Jan. 25, 2011) (<HOLDING>). The Mississippi Code provides that In any 
 Holding statements: (A) holding that the plaintiffs state law claims are preempted by federal law (B) holding that though mississippi law governs the amount of the fee award here because the factors considered under state and federal law are nearly identical both state and federal cases are instructive (C) recognizing that the aba guidelines and federal law are instructive (D) holding that federal law governs the definition of property which embraces both fee and lien interests (E) holding that in diversity cases federal courts are to apply state substantive law and federal procedural law

Answer:
(B)