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: until he received the order in March 2001. While in ordinary circumstances he likely would be faulted for not exercising due diligence to determine the disposition of his motions during the two year period contemplated by the rule, petitioner had no reason to make such an inquiry in this case because he believed that in accordance with the April 1999 order, he had been permitted to withdraw his motions to vacate sentence. Accordingly, we conclude that Snell has pled an adequate basis for avoiding the two year time limitation imposed by the rule. We further conclude that he otherwise timely sought relief to the extent his petition seeking belated appeal was filed within two years of his discovery of the existence of September 1998 order. Cf. Adams v. State, 543 So.2d 1244 (Fla.1989)(<HOLDING>). In response to our order to show cause why a 
 Holding statements: (A) holding that a rule 3850 motion based upon new facts or a significant change in the law must be filed within two years of the time such facts become known or such change is announced (B) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (C) holding that a subsequent petition may be filed upon a showing of a change in circumstances (D) holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms (E) holding that a change in the law of sentencing does not constitute a new factor

Answer: (A)


Question: evidence showing that the defendants used the mark selectively or that they failed to use it pervasively in all their commercial dealings, even if these dealings were low in volume. Furthermore, though the Allard Court granted ownership rights to the defendants based only on oral testimony of various “solicitations” and insubstantial documentary evidence of prior use, the Court noted that there was also good evidence of widespread public recognition of the defendants’ use of the service mark. Evidence of public recognition is only necessary in cases requiring proof of secondary meaning, but such evidence may be probative of a party’s actual use of a mark in cases where secondary meaning is not required. See id.; see also Florida v. Real Juices, Inc., 330 F.Supp. 428, 431 (M.D.Fla.1971) (<HOLDING>). Public recognition is probative of a party’s 
 Holding statements: (A) holding that the burden is on the plaintiff (B) holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff (C) holding that the plaintiff established a right to a slogan based on evidence of public recognition of its use by the plaintiff (D) holding that a plaintiff had established a primafacie failuretohire case notwithstanding evidence that the position sought by the plaintiff was ultimately filled with a person of the same race as the plaintiff (E) holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by  recognition by public authority or by its maintainance sic

Answer: (C)


Question: for acceptance of responsibility, giving him an offense level of 17. This offense level, combined with his criminal history category of IV, yielded a sentencing range of 37 to 46 months. On May 27, 1994, the petitioner was sentenced to 44 months in prison, three years of supervised release, and a $50 special assessment. II. DISCUSSION The petitioner’s claims are procedurally barred. Section 2255 provides four avenues for relief where: (1) the sentence was in violation of the Constitution or laws of the United States; (2) the court was without jurisdiction to impose the sentence; (3) the sentence was in excess of the maximum authorized by law; and (4) the sentence was otherwise subject to collateral attack. 28 U.S.C. § 2255; see United States v. Osiemi, 980 F.2d 344, 345 (5th Cir.1993) (<HOLDING>); Lopez-Torres v. United States, 876 F.2d 4, 5 
 Holding statements: (A) recognizing primary assumption of risk as a viable doctrine (B) holding that such a theory is viable under title vii (C) recognizing a challenge to jurisdiction as a viable claim (D) recognizing sentencing manipulation as a viable defense (E) holding that a claim is not moot where there is a viable damages claim

Answer:
(C)