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: The appellant’s first point relied on is also deficient in that it does not comply with Rule 84.04(d)(5) inasmuch as the authority cited by the appellant in support of the claim raised relates only to our standard of review and the manner in which we are to interpret a statute. Rule 84.04(d)(5) provides: In support of each “Point Relied On,” and immediately following the statement of the Point, the appellant or relator shall cite all authorities upon which the argument rests. If more than three authorities are cited, the three authorities on which the appellant, relator, or petitioner principally relies shall be cited first. The appellant does not, as required by the rule, provide any authority for his claimed interpretation of the implicated statutes. See Coleman, 969 S.W.2d at 274 (<HOLDING>). If no such citations exist because this is a 
 Holding statements: (A) holding that an appellate court cannot consider an issue that was not preserved for appellate review (B) holding the trial court was without authority to dismiss an appeal on the ground that the amount of the judgment required the appellant to file an application for discretionary review (C) holding that an appellate court may not review errors that have not been assigned by a party or a point of error (D) holding that a claim is waived on appeal when not supported by citation to relevant authority (E) holding that an appellate court is not required to review an appellants point relied on which appears without citation of applicable or relevant authority

Answer: (E)


Question: in that the timely filing of such claims is both mandatory and jurisdictional. That limitation derives from the proposition of sovereign immunity. It is well established that a claim against the United States is barred absent waiver of sovereign immunity, “ ‘and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit.’ ” United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976) (quoting United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941)). A waiver of immunity cannot be implied; it must be “unequivocally expressed in the statutory text.” Lane v. Pena, 518 U.S. 187, 192, 116 S.Ct. 2092, 135 L.Ed.2d 486 (1996); FDIC v. Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994) (<HOLDING>). The United States has expressly consented to 
 Holding statements: (A) holding that the waiver of sovereign immunity must be clear and unequivocal (B) holding that the united states is liable for interest only in the event of a clear statutory waiver of sovereign immunity (C) recognizing federal constitutional claim against the united states (D) holding that federal courts have no subject matter jurisdiction to hear a claim against the united states or one of its agencies absent a clear waiver of sovereign immunity (E) holding that a lack of a waiver of sovereign immunity deprives federal courts of subject matter jurisdiction

Answer: (D)


Question: or even every valid governmental purpose, is an appropriate reason for breaching grand jury secrecy.” Id. at 480, 103 S.Ct. 3164. It goes without saying that the district court’s inherent authority does not include the power to contravene or circumvent an “express grant of or limitation on the ... court’s power contained in a rule or statute.” Dietz v. Bouldin, — U.S.-, 136 S.Ct. 1885, 1892, 195 L.Ed.2d 161 (2016); see also Carlisle v. United States, 517 U.S. 416, 426, 116 S.Ct. 1460, 134 L.Ed.2d 613 (1996) (“Whatever the scope of [the court’s] ‘inherent power,’ ,,. it does not include the power to develop rules that circumvent or conflict with the Federal Rules of Criminal Procedure.”); Bank of Nova Scotia v. United States, 487 U.S. 250, 254, 108 S.Ct. 2369, 101 L.Ed.2d 228 (1988) (<HOLDING>). Rule 6(e) is an express limitation on the 
 Holding statements: (A) holding that the substantial rights inquiry of federal rule of criminal procedure 52b mirrors rule 52as harmless error inquiry except that the burden in the former falls on the defendant to show prejudice (B) holding that a district court cannot invoke its inherent authority to circumvent the harmlesserror inquiry required by rule 52a of the federal rules of criminal procedure (C) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure (D) holding that rule 33 of the federal rules of criminal procedure is an inflexible claimprocessing rule that may be waived if not raised (E) recognizing the inherent common law authority of courts to promulgate rules of practice and procedure

Answer:
(B)