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: (3) Dr. Hickman’s observation that Seever’s surgeries, residual pain, and physical limitations “have taxed his psychological coping abilities,” ApltApp. at 372. But Dr. Hick man interpreted this information as presenting no more than a slight impairment—meaning that he could still function well—as to understanding, remembering, and carrying out detailed instructions, and he declined to identify any other mental capabilities affected by Seever’s depression. We will not fault the ALJ for failing to interpret Seever’s symptoms and test results differently than Dr. Hickman. See Winfrey v. Chater, 92 F.3d 1017, 1022 (10th Cir.1996) (observing that an ALJ may not substitute his lay opinion for a medical opinion); Hamilton v. Sec’y of Health & Human Servs., 961 F.2d 1495, 1500 (10th Cir.1992) (<HOLDING>). Nor are we convinced that the ALJ should have 
 Holding statements: (A) recognizing that this court may not reweigh evidence (B) recognizing this method (C) recognizing this presumption (D) recognizing this distinction (E) recognizing this rule

Answer: (A)


Question: campus is a limited public forum. Def. Br. 12. The Court agrees with the defendants’ assessment. The Court begins by recognizing that “the campus of a public university, at least for its students, possesses many of the characteristics of a public forum.” Widmar v. Vincent, 454 U.S. 263, 267 n. 5, 102 S.Ct. 269, 70 L.Ed.2d 440 (1981). Accordingly, the Second Circuit has noted, “[s]ome portions of a public college’s campus may be a public forum.” Davis v. Stratton, 360 FedAppx. 182, 184 (2d Cir.2010). Significant to the analysis, however, is that these areas may constitute a designated public forum only to the extent they are “intentionally openfed]” to First Amendment activities. Make the Road by Walking, Inc. v. Turner, 378 F.3d 133, 143 (2d Cir.2004); see also Ochshom, 645 F.3d at 540 (<HOLDING>); Hotel Emps., 311 F.3d at 545 (noting that a 
 Holding statements: (A) holding that a high school is not a public forum thus precluding free airing of religious views (B) holding that a public high school newspaper was a limited public forum not a traditional or designated public forum because there was no evidence that the school permitted indiscriminate use by the general public quoting hazelwood sch dist v kuhlmeier 484 us 260 267 108 sct 562 98 led2d 592 1988 (C) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (D) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (E) recognizing that government is not required to retain open nature of designated public forum

Answer: (B)


Question: (emphasis added) (quoting Havner, 953 S.W.2d at 720). 27 . Faust, 337 S.W.3d at 335 (emphasis added). 28 . Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 500 (Tex.1995). 29 . See Crump, 330 S.W.3d at 218. 30 . Synar v. Union Pac. R. Co., No. 12—99— 00428-CV, 2001 WL 1263573, at *6 (Tex.App.-Tyler Oct. 17, 2001, pet. denied) (not designated for publication). 31 . See id. 32 . See Tex.R. Evid. 803(18); Robinson, 923 S.W.2d at 556. 33 . C 545 (Tex.App.-Fort Worth, pet. denied) (op. on reh'g). 55 . See id. 56 . See Tex.R. Evid. 401; Nichols, 379 S.W.3d at 387-89. 57 . See Sw. Country Enters., Inc., 991 S.W.2d at 493-94; see also Tex.R.App. P. 33.1(a)(1)(B), 33.2; Tex.R. Evid. 103(a)(2). 58 . See Barraza v. Eureka Co., Inc., 25 S.W.3d 225, 232 (Tex.App.-El Paso 2000, pet. denied) (<HOLDING>). 59 . See Charter Oak Fire Ins. v. Perez, 446 
 Holding statements: (A) holding that the plaintiff had no legitimate expectation of privacy at a meeting with coworkers in which her termination was discussed (B) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (C) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine (D) holding that testimony of plaintiff and her coworkers regarding cause of her injury was pure conjecture (E) holding that plaintiffs allegations that her supervisor was a lesbian and that she made improper remarks to her including telling the plaintiff to invite her to lunch and making comments about plaintiffs coworkers private lives and sexual preferences   and on one occasion approaching the plaintiff from behind hugging her and whispering in her ear a request for a cookie from another table did not suffice to establish a hostile working environment

Answer:
(D)