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: Dubé, who held a hearing on the summary judgment motions on December 11, 2003. On January 14, 2004, Judge Dubé issued his R & R, which recommended that Plaintiffs Motion for Summary Judgment be granted and that Defendant’s Motion be denied, thereby reversing the decision of the Appeals Council. Having received objections from both parties, the R & R is now ripe for consideration by this Court. Analysis The issues appealed from the Appeals Council are purely questions of law. Although a more restrictive standard of review applies if an appeal of a final decision of the Commissioner of Social Security is based on that decision’s factual findings, no presumption of validity attaches to the Commissioner’s conclusions of law. See Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir.1991) (<HOLDING>). Therefore; the Court must conduct its own 
 Holding statements: (A) holding that although the district court was not required to discuss each of the factors on the record a decision to dismiss stands a better chance on appeal if the appellate court has the benefit of the district courts reasoning (B) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (C) holding the courts scope of review is  limited to determining whether the commissioner applied the correct legal standards and whether the record as a whole contains substantial evidence to support the commissioners findings of fact  (D) recognizing that when reviewing for clear error we usually must reverse if the district court applied incorrect legal standards to reach its findings (E) holding the district court can reverse the commissioners decision based on her failure to apply the correct law or to provide the reviewing court with sufficient reasoning for determining that the proper legal analysis has been conducted

Answer: (E)


Question: waived those rights. Accordingly, the trial court denied defendant’s motion to suppress his statements. Defendant argues that the trial court made numerous errors in its order. Generally, an appellate court’s review of a trial court’s order on a motion'to suppress is limited to a determination of whether its findings are supported by competent evidence and, in turn, whether the findings support the trial court’s ultimate conclusions of law. E.g., State v. Cooke, 306 N.C. 132, 134, 291 S.E.2d 618, 619 (1982). However, here, as noted above, the State argues that defendant failed to preserve the issue because he did not object at trial. Defendant coun ters that no objection was necessary, distinguishing our recent opinion in State v. Oglesby, 361 N.C. 550, 554, 648 S.E.2d 819, 821 (2007) (<HOLDING>). Defendant’s contention is that the judge who 
 Holding statements: (A) holding a general ruling by the trial court is insufficient to preserve a specific issue for appellate review (B) holding that although a defendant filed a motion in limine on an evidentiary issue a failure to object to the evidence at trial waives the issue for appeal (C) holding that a party failed to preserve error by not pursuing a ruling at trial where the courts motion in limine ruling invited the party to attempt to admit the evidence during trial (D) holding that general objection did not preserve error on appeal (E) holding that a trial courts evidentiary ruling on a pretrial motion is not sufficient to preserve the issue    for appeal unless a defendant renews the objection during trial

Answer: (E)


Question: "Shortened Arbitration Rules,” which meant that arbitration would proceed based on documents alone. Transatlantic further states that this limitation would be to Amergent’s advantage. 2 . In contrast, cases granting motions to compel arbitration have involved a clear refusal on the part of one party to arbitrate. See, e.g., Crystal Pool AS v. Trefin Tankers Ltd., No. 12 CIV. 9417 RA, 2014 WL 1883506, at *3 (S.D.N.Y. May 9, 2014) (“Trefin Tankers twice failed to respond to Crystal Pool’s requests that it appoint an arbitrator, and it also has failed to appear in or respond to the proceedings in this Court, Trefín Tankers has thus unambiguously manifested a refusal to arbitrate.”); Telesat Canada v. Planetsky, Ltd., No. 12 CIV. 3743 JMF, 2013 WL 592668, at *3 (S.D.N.Y. Feb. 15, 2013) (<HOLDING>); Severstal U.S. Holdings, LLC v. RG Steel, 
 Holding statements: (A) holding that plaintiff was not entitled to rely on a defendants jurydemand where the defendant had neither a constitutional nor a statutory right to make such a demand (B) holding respondent refused to arbitrate where it neither opposed nor responded to petitioners arbitration demand letter (C) holding that when plaintiff sought arbitration and neither the award nor the arbitration agreement mentioned interest the plaintiff was not entitled to preaward interest (D) holding that an action to compel arbitration accrues only when the respondent unequivocally refuses to arbitrate either by failing to comply with an arbitration demand or by otherwise unambiguously manifesting an intention not to arbitrate the subject matter of the dispute (E) holding that purpose of stay pending arbitration is twofold it relieves the party entitled to arbitrate of the burden of continuing to litigate the issue while the arbitration process is ongoing and it entitles that party to proceed immediately to arbitration without the delay that would be occasioned by an appeal of the district courts order to arbitrate

Answer:
(B)