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.

[Q]: in that the timely filing of such claims is both mandatory and jurisdictional. That limitation derives from the proposition of sovereign immunity. It is well established that a claim against the United States is barred absent waiver of sovereign immunity, “ ‘and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit.’ ” United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976) (quoting United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941)). A waiver of immunity cannot be implied; it must be “unequivocally expressed in the statutory text.” Lane v. Pena, 518 U.S. 187, 192, 116 S.Ct. 2092, 135 L.Ed.2d 486 (1996); FDIC v. Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994) (<HOLDING>). The United States has expressly consented to 
 Holding statements: (A) holding that the waiver of sovereign immunity must be clear and unequivocal (B) holding that the united states is liable for interest only in the event of a clear statutory waiver of sovereign immunity (C) recognizing federal constitutional claim against the united states (D) holding that federal courts have no subject matter jurisdiction to hear a claim against the united states or one of its agencies absent a clear waiver of sovereign immunity (E) holding that a lack of a waiver of sovereign immunity deprives federal courts of subject matter jurisdiction
[A]: (D)


[Q]: activity, not objectionable under the prevailing standards of lawful and approved social conduct in the community---- Informed public sentiment is only against unlicensed gambling, which is unsupervised, unregulated by law and which affords no protection to customers and no assurance of fairness or honesty of the operation of the gambling devices.” Similarly, the New Jersey Supreme Court, in Caribe Hilton Hotel v. Toland, 63 N.J. 301, 307, 307 A.2d 85, 88 (1973), stated that “[w]hile New Jersey continues to take a strict view of those forms of gambling that are prohibited, the fact that wagering in various different ways is now authorized demonstrates that our public policy can no longer be said to condemn gambling per se.” See also, Castilleja v. Camero, 414 S.W.2d 424 (Texas 1967) (<HOLDING>); In re Smith, 66 B.R. 58 (Bankr.D.Md.1986), 
 Holding statements: (A) holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable (B) holding that a contract is not effective until the performance of the conditions precedent and that a condition precedent calls for the happening of some event or the performance of some act after the terms of the contract have been agreed on before the contract shall be binding on the parties (C) holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur (D) holding that the place of performance governs the legality of the contract and because the contract was to be performed in mexico texas public policy against gambling was not implicated (E) holding that place of performance of a life insurance contract was the state where premiums were made payable even if the contract was made in another state
[A]: (D)


[Q]: (1st Cir.1983). The next hurdle is the one plaintiffs fail to clear: Does Congress have the power under the United States Constitution to abrogate the states’ Eleventh Amendment immunity? The Supreme Court has recently reiterated that Congress cannot invade Eleventh Amendment immunity except “pursuant to a valid exercise of power” conferred by the Constitution. Seminole Tribe, — U.S. at -, 116 S.Ct. at 1123. In determining the sources of power, the Supreme Court had previously found that Congress possessed the power to abrogate the states’ sovereign immunity when legislating pursuant to § 5 of the Fourteenth Amendment and the Commerce Clause. See id.; see also Fitzpatrick, 427 U.S. 445, 96 S.Ct. 2666; Pennsylvania v. Union Gas Co., 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1 (1989) (<HOLDING>). However, the Supreme Court in Seminole Tribe 
 Holding statements: (A) holding that congress could not abrogate state sovereign immunity pursuant to the patent clause of article i (B) recognizing that congress has specifically abrogated the eleventh amendment defense when legislating pursuant to  5 of the fourteenth amendment and its article i  8 plenary power over commerce but refusing to extend authority to abrogate to legislation enacted pursuant to the indian commerce clause the indian gaming regulatory act (C) holding that congress may abrogate a states immunity pursuant to its enforcement power under  5 of the fourteenth amendment (D) holding that congress did not properly abrogate states eleventh amendment immunity from suits under the patent act (E) holding that congress could abrogate the eleventh amendment pursuant to the commerce clause
[A]:
(E)