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: that Nusspickel was guilty of the aggravated battery charges even though the jury convicted her on each charge of the lesser-included offense of simple battery and (2) misconduct that had not been charged and proved relating to her alleged contact with one of the victims after the charged incidents. She also asserts that the State cannot carry its burden to show that the judge did not rely on these impermissible considerations. Generally, the trial court’s imposition of a sentence that is within the minimum and maximum limits set by the legislature “is a matter for the trial Court in the exercise of its discretion, which cannot be inquired into upon the appellate level.” Shellman v. State, 222 So.2d 789, 790 (Fla. 2d DCA 1969); see also Booker v. State, 514 So.2d 1079, 1082 (Fla.1987) (<HOLDING>); Darby v. State, 216 So.2d 29, 30 (Fla. 3d DCA 
 Holding statements: (A) recognizing that we review the sentence imposed by a district court under the abuse of discretion standard (B) holding that a sentence imposed for a violation of supervised release will be upheld where 1 the district court considered the applicable policy statements 2 the sentence is within the statutory maximum and 3 the sentence is reasonable (C) recognizing that this court and the united states supreme court have embraced the notion that so long as the sentence imposed is within the maximum limit set by the legislature an appellate court is without power to review the sentence (D) holding that an appellate court has no jurisdiction to review a sentence imposed by the trial court that is within the limits prescribed by statute which is not the result of oppression prejudice or corrupt motive (E) holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant  according to the states sentencing guidelines

Answer: (C)


Question: that the State of Colorado is immune from suit under the Eleventh Amendment, and that the District Court properly dismissed the Plaintiffs’ claim against Colorado for lack of subject matter jurisdiction. We next turn to the court’s decision to dismiss the Plaintiffs’ claim against the University of Colorado Board of Regents for lack of standing. We need not address this issue, however, because the Colorado Board of Regents is, like the state itself, entitled to Eleventh Amendment immunity. See Buchwald v. Univ. of N.M. Sch. of Med., 159 F.3d 487, 494 n. 3 (10th Cir. 1998) (“[W]e have no doubt that UNMSM, its Regents, and the Committee on Admissions are ‘arms of the state,’ entitled to Eleventh Amendment immunity.”); Lujan v. Regents of Univ. of Cal., 69 F.3d 1511, 1522 (10th Cir.1995) (<HOLDING>); Hensel v. Office of Chief Admin. Hearing 
 Holding statements: (A) holding that the eleventh amendment protects a state from suit by its own citizens (B) holding that the university of californias board of regents is shielded from suit under the eleventh amendment (C) holding that a debtors adversary proceeding against the university of virginia to determine the dischargeability of a debt is a suit for eleventh amendment purposes (D) holding that governors duty to nominate and appoint members of the board of regents of the university of hawaii is subject to a reasonable time standard judged by the totality of the circumstances (E) holding that the department of corrections was entitled to eleventh amendment immunity from suit under section 1981

Answer: (B)


Question: F.Supp. 1424, 1426 & 1427 n. 3 (S.D.Fla.1993). The district court correctly determined that “the statute of limitations was tolled on Rothmeier’s whistleblower claim while the age discrimination claim was pending in federal court.” B. Prima facie case. Rothmeier failed to establish the first element of a prima facie case of retaliatory discharge because the record contains no evidence that he engaged in statutorily protected conduct. See Hubbard, 330 N.W.2d at 444. Whether a plaintiff made a report in “good faith” is a question of fact. McDonald v. Stonebraker, 255 N.W.2d 827, 831 (Minn.1977). Nevertheless, this court may determine as a matter of law that certain conduct does not constitute a “report.” See Michaelson v. Minnesota Mining & Mfg. Co., 474 N.W.2d 174, 180 (Minn.App.1991) (<HOLDING>), ajfd, 479 N.W.2d 58 (Minn.1992). Rothmeier 
 Holding statements: (A) recognizing the tort of retaliatory discharge (B) holding that an appellant waived a claim where he failed to cite any legal authority in support of an argument in his appellate brief (C) holding that the plaintiff alleged sufficient facts in his complaint to state a claim for wrongful discharge where he alleged he was discharged due to his political affiliation and activities (D) holding no jurisdiction where appellant argued report was no report because it failed to mention appellant in any substantive way but trial court found report was merely deficient on element of causation as to appellant and granted extension (E) holding that appellant failed to state a claim of retaliatory discharge where the record showed he merely gave his supervisor feedback and did not report alleged violations to any outside authority

Answer:
(E)