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. 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.
PROBLEM: F.2d 448, 451 (1st Cir.1975). Anderson’s condition at the time of the statement was described as excited, nervous and scared, and he appeared as if “he did not know what to do.” Moreover, his statement directly related to an exciting event, the shooting. Thus, based on the evidence and circumstances known at the time of its ruling, the trial court could have reasonably concluded that the exciting event witnessed by Anderson was the shooting itself. Accordingly, to the extent the trial court based its ruling on the fact that Anderson personally perceived the shooting, we find no abuse of discretion. We further note that the startling occurrence that triggers the excited utterance need not necessarily be the crime itself. See Salazar v. State, 38 S.W.3d 141, 154-55 (Tex.Crim.App.2001) (<HOLDING>); Couchman v. State, 3 S.W.3d 155, 159 
 Holding statements: (A) holding trial court could have found startling event or condition was declarants sustaining an injury or the pain she later experienced (B) holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence (C) holding that a lower court properly admitted a fouryear olds hearsay statement although she made it 1215 hours after the startling event (D) holding that statement must be product of a startling event (E) holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective

SOLUTION: (A)

PROBLEM: campus is a limited public forum. Def. Br. 12. The Court agrees with the defendants’ assessment. The Court begins by recognizing that “the campus of a public university, at least for its students, possesses many of the characteristics of a public forum.” Widmar v. Vincent, 454 U.S. 263, 267 n. 5, 102 S.Ct. 269, 70 L.Ed.2d 440 (1981). Accordingly, the Second Circuit has noted, “[s]ome portions of a public college’s campus may be a public forum.” Davis v. Stratton, 360 FedAppx. 182, 184 (2d Cir.2010). Significant to the analysis, however, is that these areas may constitute a designated public forum only to the extent they are “intentionally openfed]” to First Amendment activities. Make the Road by Walking, Inc. v. Turner, 378 F.3d 133, 143 (2d Cir.2004); see also Ochshom, 645 F.3d at 540 (<HOLDING>); Hotel Emps., 311 F.3d at 545 (noting that a 
 Holding statements: (A) holding that a high school is not a public forum thus precluding free airing of religious views (B) holding that a public high school newspaper was a limited public forum not a traditional or designated public forum because there was no evidence that the school permitted indiscriminate use by the general public quoting hazelwood sch dist v kuhlmeier 484 us 260 267 108 sct 562 98 led2d 592 1988 (C) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (D) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (E) recognizing that government is not required to retain open nature of designated public forum

SOLUTION: (B)

PROBLEM: and Cotton, we find that the purported error here does not satisfy Olano’s fourth prong. In Johnson and Cotton, the Supreme Court found that violations of the Fifth and Sixth Amendments did not overcome the “threat ... to the fairness, integrity, and public reputation of judicial proceedings” that would result from reversing convictions supported by overwhelming and essentially uncontroverted evidence. Id. (internal citations omitted). Any error in this case derives not from a constitutional violation, but from a statutory transgression. See Federal Trade Comm’n v. Cement Inst., 333 U.S. 683, 702, 68 S.Ct. 793, 92 L.Ed. 1010 (1948) (“[M]ost matters relating to judicial disqualification [do] not rise to a constitutional level.”); Walberg v. Israel, 766 F.2d 1071, 1076-77 (7th Cir.1985) (<HOLDING>). In light of Johnson and Cotton’s refusal to 
 Holding statements: (A) holding the bias analysis insufficient to support its decisions (B) holding that a challenge for cause for actual bias  essentially requires a determination  of credibility (C) holding that the recusal statute should not be construed so broadly as to become effectively presumptive or to require recusal based on unsubstantiated suggestions of personal bias or prejudice (D) recognizing that statutes mandating recusal for actual bias have constitutional bases unlike those that require recusal for a mere appearance of bias or prejudice (E) holding that prejudgment constitutes cause for recusal

SOLUTION:
(D)