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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: 602 F.Supp. 859, 864 (D.N.J.1985); Tedesco v. U.S. Po esentation against the Government. 28 U.S.C. § 2680(h). Further, the FTCA requires, as a jurisdictional prerequisite to adjudication in a federal court, all claims to first be brought before the appropriate agency-here, the USPS’s Tort Claims Examiner. See 28 U.S.C. § 2675(a). It is undisputed that Mr. Foster did not bring his claims to the USPS before initiating this suit. Thus, the district court correctly dismissed these claims for lack of subject matter jurisdiction. II Mr. Foster also challenges the district court’s denial of his motion for reconsideration and its denial of sanctions against USPS. We review these determinations for abuse of discretion. Q-Pharma, Inc. v. Andrew Jergens Co., 360 F.3d 1295, 1299 (Fed.Cir.2004) (<HOLDING>); Gary v. The Braddock Cemetery, 517 F.3d 195, 
 Holding statements: (A) holding that a motion for rule 11 sanctions is dispositive (B) holding that state law provides the standard of review for a denial of a rule 50 motion in a diversity case (C) holding under third circuit law that denial of rule 11 sanctions is reviewed for abuse of discretion (D) holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions (E) holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit

SOLUTION: holding that a motion for rule 11 sanctions is dispositive

PROBLEM: see State v. Sosa, 1997-NMSC-032, ¶ 9, 123 N.M. 564, 943 P.2d 1017. {34} Defendant argues that two provisions in the current Delinquency Act suggest the Legislature’s intent to apply the beyond a reasonable doubt standard to the Section 32A-2-20 findings. These two provisions, Section 32A-2-24(B) (requiring proof beyond a reasonable doubt in probation revocation hearings), and Section 32A-2-16(E) (requiring proof beyond a reasonable doubt in a delinquency proceeding), are readily distinguishable from the amenability determination under Section 32A-2-20(B). First, the requirement of proof beyond a reasonable doubt in a delinquency proceeding is constitutionally mandated. See In re Winship, 397 U.S. at 364, 90 S.Ct. 1068. Second, a probation revocation hearing, l 7, 1140-41 (Ct.App.1978) (<HOLDING>); State v. Doe, 100 N.M. 649, 651, 674 P.2d 
 Holding statements: (A) holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) holding right to testify was federal constitutional right (D) holding that treatment as a child is not a constitutional right but a right granted by the legislature and statute met basic due process requirements (E) holding basic elements of due process are notice and a right to be heard

SOLUTION: holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel

PROBLEM: story.” Id. The Court then admonished greater pre-termination procedural rights “would intrude to an unwarranted extent on the government’s interest in quickly removing an unsatisfactory employee.” Id.; see also Bishop v. Wood, 426 U.S. 341, 349, 96 S.Ct. 2074, 2080, 48 L.Ed.2d 684 (1976) (noting a federal court “is not the appropriate forum in which to review the multitude of personnel decisions that are made daily by public agencies”). Here, Schwartz’s due process rights were fully accorded. Schwartz was provided with notice and an opportunity to be heard: he was afforded a full evidentiary hearing, represented by counsel, cross-examined hostile witnesses, and presented evidence on his own behalf. Cf. Vitarelli v. Seaton, 359 U.S. 535, 545, 79 S.Ct. 968, 975, 3 L.Ed.2d 1012 (1959) (<HOLDING>). Schwartz contends Commissioner Koshetz’s 
 Holding statements: (A) holding us department of interior violated its own termination proceeding regulations when it denied employee the right to crossexamine adverse witnesses and failed to provide a specific statement of charges at disciplinary hearing (B) holding that a student has a right to counsel in a university disciplinary hearing where there is a pending criminal charge for the same incident but noting that the attorneys role at the disciplinary hearing is limited to safeguarding the students rights at the criminal proceeding and not to affecting the outcome of the disciplinary hearing (C) holding an inmate has a due process right to 1 advance written notice of the disciplinary charges 2an opportunity to call witness and present evidence and 3 a written statement of the evidence relied upon and the reasons for the disciplinary action (D) holding that the right to crossexamine adverse witnesses applies to capital sentencing hearings (E) holding that a prison disciplinary committee violated inmates rights to procedural due process by refusing to call their witnesses even though the disciplinary hearing took place in the aftermath of a riot and the resulting disciplinary caseload was ex tremely heavy

SOLUTION:
holding that a student has a right to counsel in a university disciplinary hearing where there is a pending criminal charge for the same incident but noting that the attorneys role at the disciplinary hearing is limited to safeguarding the students rights at the criminal proceeding and not to affecting the outcome of the disciplinary hearing