TASK DEFINITION: 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.
PROBLEM: the crime charged. If the evidence is cumulative, the trial court should more closely scrutinize its prejudicial effect. If the evidence is necessary to prove an element of the charge, the trial judge may have erred in not sustaining the defendant’s motion for a directed verdict of acquittal. Moreover, a defendant may have a valid objection, under federal rule 611(b), that the government’s cross-examination exceeds the scope of the direct. These added considerations are necessary not only to limit the impact of rule 404(b) on rule 608(b), but also to limit the prejudicial effect of allowing the government to have the last say through evidence of a defendant’s prior misconduct. Smith Grading & Paving, 760 F.2d at 581; see also United States v. Horton, 847 F.2d 313, 324-25 (6th Cir.1988) (<HOLDING>). The purpose of Rule 608(b) is to prevent 
 Holding statements: (A) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (B) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper

SOLUTION: (D)

PROBLEM: between 1983 and 1986. Stanley’s engineer, Hreha, was present throughout Powers’ deposition. The Court revisits its ruling upon further contemplation of the purpose of a Rule 30(b)(6) deposition. In a Rule 30(b)(6) deposition, there is no distinction between the corporate representative and the corporation. See United States v. Taylor, 166 F.R.D. 356, 361 (M.D.N.C.1996) (noting that in a Rule 30(b)(6) deposition “[t]he corporation appears vicariously through its designee”). “The Rule 30(b)(6) designee does not give his personal opinion. Rather, he presents the corpo ration’s ‘position’ on the topic.” Id. (citing cases). The designee testifies on behalf of the corporation and holds it accountable accordingly. See Starlight Int’l, Inc., v. Herlihy, 186 F.R.D. 626, 688 (D.Kan.1999) (<HOLDING>) (quoting Audiotext Communications Network, 
 Holding statements: (A) holding individual who signed contract on behalf of a corporation is individually liable where he knew corporation was not incorporated at the time the contract was executed (B) holding that a corporation has a duty under rule 80b6 to provide someone who is knowledgeable in order to provide binding answers on behalf of the corporation (C) holding that an officer or director generally owes a fiduciary duty only to the corporation over which he exercises management authority and any breach of fiduciary duty claims arising out of injuries to the corporation in most cases may only be brought by the corporation itself or derivatively on its behalf (D) holding that individuals assumption of the role of president of the corporation and her authority to sign documents on behalf of the corporation demonstrate that she had the requisite control over the corporation for purposes of finding individual liability under section 5a (E) holding that claims of corporation vest in corporation

SOLUTION: (B)

PROBLEM: are also supported by the evidence. The witness paid elose attention to the burglar. She was not frightened by him, but instead focused upon his face in an attempt to determine who he was. Cf. State v. LeClair, 118 N.H. 214, 220, 385 A.2d 831, 834 (1978) (implying that the fact that the witness was “scared” and acted “like he was in shock” at the time of the robbery would have lessened the degree of attention he paid to the features of the suspect). Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant’s appearance. See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (<HOLDING>); see also State v. Allard, 123 N.H. 209, 214, 
 Holding statements: (A) holding that selfinterested witnesses can be reliable when they provide detailed testimony that is corroborated by other witnesses or facts (B) holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial (C) holding that the government had established necessity for wiretaps despite its use of three cooperating witnesses because those witnesses were able to give agents only limited information not including the names of all members of the conspiracy (D) holding that the descriptions given by three witnesses were sufficiently accurate despite the fact that they varied in detail (E) holding where the plaintiff presented evidence which demonstrates that the terms alleged by the defendants to be indefinite were in fact sufficiently well delineated to all parties the entry of judgment notwithstanding the verdict in favor of the defendants was inappropriate despite the fact that the defendants contested the plaintiffs evidence concerning the manner in which the relevant contractual language should be construed

SOLUTION:
(D)