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.

essential element of an elevated breath alcohol level. Consequently, he contends that the judge’s ruling was essentially a determination that the exclusion of the BAT results left the State without sufficient proof to convict Defendant of the DWI charge, and that this constituted an adjudication of his innocence. Defendant also asserts that the judge’s oral comments that he had “reasonable doubt” and that he found Defendant “not guilty” further indicate that the judge deliberated on the merits of the case and acquitted Defendant of the DWI charge. Defendant does not, however, argue that the judge expressly ruled that Defendant was acquitted of the charges, nor would the record support such an assertion. See County of Los Alamos v. Tapia, 109 N.M. 736, 741, 790 P.2d 1017, 1022 (1990) (<HOLDING>). {20} The State concedes that jeopardy 
 Holding statements: (A) recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists (B) recognizing that an actual express judgment of acquittal precludes retrial regardless of any defects in the process leading to the judgment (C) holding that defects in service of process must be raised in preliminary objections (D) holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him (E) recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it
(B)

analysis and did not provide any guidance as to its future implications.... ”); Schafer, 598 N.E.2d at 553 (“Sturrup is out of the mainstream of caselaw on equal protection analysis_(citation omitted));. Robbins, 941 F.Supp. at 793 (“Federal equal protection ‘rational basis’ analysis does not contain an ‘overbroad’ component. Rather, high school transfer rules, like the rule in question, are valid and enforceable.” (citations omitted)); Jordan, 813 F.Supp. at 1381 (refusing to apply Sturrup overbreadth scrutiny and writing “Indiana’s practice of subjecting equal protection and procedural due process claims to ‘over 75 (N.D.Ill.1978) (finding Illinois version of Transfer Rule did not violate equal protection); Simkins v. S.D. High Sch. Activities Ass’n, 434 N.W.2d 367 (S.D.1989) (<HOLDING>); Chabert v. La. High Sch. Athletic Ass’n, 323 
 Holding statements: (A) holding illinois high school associations version of the transfer rule did not violate federal equal protection (B) holding transfer rule did not violate federal equal protection (C) holding that the cap does not violate equal protection (D) holding that doctrine does not violate equal protection (E) holding transfer rule did not violate federal equal protection as rule was uniformly applied not arbitrary and rationally related to legitimate government interest
(B)

Predicate of Discrimination The majority apparently concludes that “vestiges” of past discrimination do not constitute a sufficient predicate for affirmative action — that there must be some kind of “smoking gun” evidence of present discrimination before a predicate can be found. The majority is, of course, wrong. The Supreme Court has stated time and again, in both Title VII and equal protection contexts, that affirmative action may be used to eradicate continuing effects (i.e., “vestiges”) of discrimination that occurred in the past. See, e.g., Wygant, 106 S.Ct. at 1847; Fullilove, 448 U.S. at 484, 100 S.Ct. at 2777; id. at 496, 100 S.Ct. at 2783 (Powell, J., concurring); Weber, 443 U.S. at 197, 99 S.Ct. at 2724; Bakke, 438 U.S. at 307-308, 98 S.Ct. .2d 557, 562-63 (7th Cir.1984) (<HOLDING>). The majority states that there must always be 
 Holding statements: (A) holding that plaintiffs evidence of statistical disparities in hiring promotion and compensation was sufficient to support claim of intentional discrimination where the employment decisions were based on completely subjective criteria (B) holding that statistical disparity plus other indicia of past discrimination constitute sufficient remedial predicate (C) holding in the discrimination context that a plaintiff may challenge incidents which occurred outside the statute of limitations period if the various acts of discrimination constitute a continuing pattern of discrimination (D) holding that an anonymous tip must have sufficient indicia of reliability to justify a stop and frisk (E) holding that a thirtyone month delay could be outweighed by other indicia of reliability

(B)