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: case. In light of our decision that the parties’ dispute will not be resolved by an appraisal proceeding, we need not decide, as appellants assert, whether the district court erred by observing that the appraisal process would be subject to the statutes governing confirmation or vacation of an arbitration award. Nonetheless, pertinent to our holding in this case, we take the opportunity to acknowledge that although some arbitration standards apply in processing appraisal results, Minnesota recognizes a distinction between appraisal and arbitration. Compare QBE, 778 N.W.2d at 398 (stating that “[ajppraisal decisions are subject to Minn.Stat. § [§ ] 572.08-.30 (2008), the arbitration statute”) and David A. Brooks Enters., Inc. v. First Sys. Agencies, 370 N.W.2d 434, 435 (Minn.App.1985) (<HOLDING>) with Johnson, 732 N.W.2d at 346 (holding that 
 Holding statements: (A) holding that explanations of arbitration awards are not required (B) holding that because appraisal is analogous to arbitration the court would apply principles of arbitration law to this dispute regarding an insurance policy appraisal clause (C) recognizing such a ground for judicial review of arbitration awards in this circuit (D) holding that minnesotas arbitration statutes govern appraiser decisions and appraisal awards are to be treated as arbitration awards (E) holding that judicial review of arbitration awards is narrow in scope

SOLUTION: (D)

PROBLEM: unpublished decisions, “[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim.” Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether “there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation” in assessing whether the district court’s abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir. 
 Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits

SOLUTION: (E)

PROBLEM: requires that the “parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration.” See Section 9. What language is required in an agreement to indicate that a judgment of the court is authorized is not set forth in Section 9. While several courts have held that “an explicit agreement between the parties providing for judicial confirmation of an award is not an absolute prerequisite to [S]ection 9 authority to enter judgment on the award,” see Booth v. Hume Pub. Inc., 902 F.2d 925, 930 (11th Cir.1990) (where parties agree that arbitration would be binding and final, district court has authority to enter judgment on award); see also Milwaukee Typographical Union No. 23 v. Newspapers, Inc., 639 F.2d 386, 390 (7th Cir.) (<HOLDING>), cert. denied, 454 U.S. 838, 102 S.Ct. 144, 70 
 Holding statements: (A) holding that there is nothing for a court to review when an agency has never issued a final and binding judgment that has the force of law (B) holding that the term final and conclusive precludes judicial review of army claims decisions (C) holding an appeal may be taken from an order denying a motion to compel arbitration (D) recognizing intervention is generally impermissible after entry of final judgment and exception allowing postjudg ment intervention in the interests of justice is limited to permitting intervention by affected persons so that an appeal can be taken (E) holding that an award deemed to final conclusive and binding implicitly agrees that federal court intervention may be sought to compel compliance

SOLUTION:
(E)