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: 1 We note that the Supreme Court of Georgia recently vacated portions of the trial court’s injunction order in Barham v. City of Atlanta, 292 Ga. 375 (738 SE2d 52) (2013). 2 Am. Petroleum Prods., Inc. v. Mom & Pop Stores, Inc., 231 Ga. App. 1, 7 (3) (497 SE2d 616) (1998) (punctuation omitted). 3 Levine v. Sun Trust Robinson Humphrey, 321 Ga. App. 268, 275 (3) (740 SE2d 672) (2013) (punctuation omitted). 4 Am. Petroleum Prods., 231 G 215 SE2d 294) (1975) (“[When] the complaining party cannot legitimately claim surprise, either because he knew of the existence of the witness or had equal means of knowing, it is not error to fail to invoke the sanctions of postponement, mistrial, barring the witness, etc.”). Cf. Malley Motors, Inc. v. Davis, 183 Ga. App. 599, 600 (1) (359 SE2d 394) (1987) (<HOLDING>). 18 See Hunter v. Nissan Motor Co. Ltd. of 
 Holding statements: (A) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness (D) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (E) holding that the jury is the judge of the weight and credibility given to witness testimony

Answer: (C)


Question: trekker from Nepal who agreed to transport a suitcase from Thailand to the United States. Id. at 658, 663. Customs agents found the suitcase to contain three kilograms of 87% pure heroin, and the defendant was ultimately convicted of possession of heroin with intent to distribute and importation of heroin. Id. at 658. In affirming the reduction of the defendant’s offense level under the safety valve, the Ninth Circuit observed that the defendant "provided the authorities with substantial information concerning the offense, including the names of those involved abroad," while maintaining that he was innocent of knowing the contents of the suitcase. Id. at 663. Vazquez has not so cooperated with the Government. Cf. United States v. Garcia-Sanchez, 189 F.3d 1143, 1150 (9th Cir.1999) 
 Holding statements: (A) holding that the defendant was not eligible for the safety valve provision because he never even met with the government to offer information and suggesting that given his undisputed association with members of the conspiracy he would have some perhaps useless relevant information to provide the gov ernment even if he were innocent of drug dealing himself (B) holding that once a defendant becomes associated with a conspiracy he is responsible for all of the acts of the conspiracy even those which occurred before or after his association with the conspiracy (C) holding that evidence was sufficient for jury to find that the defendant participated in the conspiracy even though he did not have a relationship with all of his fellow coconspirators (D) holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail (E) holding that the movants assertion that he failed to advise the plea court of counsels alleged deficiencies because he blamed himself for his lack of funds was undermined by the fact that the plea court advised the movant that he had the right to appointed counsel if he could not afford to pay for counsel

Answer: (A)


Question: 307 (2d Cir.2003). As a preliminary matter, we reject the government’s contention that Hu failed to exhaust her administrative remedies. See 8 U.S.C. § 1252(d)(1). Hu’s brief to the BIA argued that Hu’s testimony was consistent with the State Department country reports in the record because Hu’s testimony was generally consistent. Hu’s argument that her testimony was generally consistent was sufficient to indicate that Hu was challenging the IJ’s adverse credibility determination as a whole. Further, in Gill v. INS, we noted that “ § 1252(d)(1) does not limit our review to those arguments specifically raised below.” 420 F.3d 82, 86 (2d Cir.2005). Although Hu’s brief may not have been clear about which factual findings Hu challenged, the legal nature of her argument was clear. See id. (<HOLDING>). Reviewing the IJ’s adverse credibility 
 Holding statements: (A) holding that argument offered in defense of decision below had been waived when not raised below (B) holding that   1252d1 bars the consideration of bases for relief that were not raised below and of general issues that were not raised below but not of specific subsidiary legal arguments or arguments by extension that were not made below (C) holding that petitioners had abandoned arguments not raised below (D) recognizing general rule that an appellate court cannot address claims that were not raised below (E) holding that arguments not raised below are waived for appeal

Answer:
(B)