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: hostile work environment claims from the general Ricks rule because such claims “ ‘cannot be said to occur on any particular day,’ and instead usually involve a pattern of acts that aren’t ‘actionable on [their] own’ but give rise to a legal violation only when assessed in their totality.” Almond, 665 F.3d at 1178 (quoting Morgan, 536 U.S. at 115-16, 122 S.Ct. 2061). Here, the Court does not construe Plaintiffs pleadings to allege a hostile work environment claim. Even construing Plaintiffs pleadings liberally, his generic assertions that Defendant Beilis treated him in a hostile manner toward the end of his employment and sent him hostile emails fall far short of asserting a claim for age-based hostile work environment. See Phillips v. Moore, 164 F.Supp.2d 1245, 1254 (D.Kan.2001) (<HOLDING>). Thus, despite Plaintiffs averment that 
 Holding statements: (A) holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments (B) holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims (C) holding that certain conduct was irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of it (D) recognizing a hostile work environment claim under section 1983 (E) holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive

SOLUTION: (B)

PROBLEM: include reasonable attorney’s fees for legal services benefitting the children. See Tex. Fam.Code Ann. §§ 151.001(a), (c); In re H.V., 252 S.W.3d at 327, n. 55; Searcy, 17 S.W. at 373; Askey, 11 S.W. at 1101-02. In Hardin v. Hardin, this court cited section 154.001 but did not cite section 151.001 or section 156.401(a). See Hardin, 161 S.W.3d at 24-27. Nonetheless, the Hardin court noted that the duty of a parent to pay attorney’s fees as necessaries is based upon a parent’s duty to support his children. See id. at 25. In addition, the Hardin court cited non-enforcement cases that cited the statutory predecessor to section 151.001. See id. at 25-26 (citing Roosth v. Roosth and Daniels v. Allen); Roosth v. Roosth, 889 S.W.2d 445, 456-57 (Tex.App.-Houston [14th Dist.] 1994, writ denied) (<HOLDING>); Daniels v. Allen, 811 S.W.2d 278, 280 
 Holding statements: (A) holding that trial court did not abuse its discretion in ordering that father pay attorneys fees to mother as necessaries for the benefit of the children in divorce decree and citing statutory predecessor to section 151001 (B) holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries (C) holding in nonenforcement modification suit that court of continuing jurisdiction did not abuse its discretion in ordering father to pay reasonable attorneys fees incurred by mother as necessaries for the children (D) holding in modification suit in which no enforcement was ordered that trial court did not abuse its discretion in ordering father to pay mothers attorneys fees as child support under the necessaries rule (E) holding in nonenforcement modification suit that court of continuing jurisdiction may order one parent to pay the reasonable attorneys fees of the other parent as additional child support if the fees are necessaries for the benefit of the children

SOLUTION: (A)

PROBLEM: the peremptory strike. Purkett v. Elem, 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995). In this case, we cannot say that the Florida state court’s judgment was contrary to, or an unreasonable application of clearly established federal law, specifically the Supreme Court’s holding in Bat-son. As for the State’s strike of the first black prospective juror, the interaction between the parties and the state court (where, upon being challenged, the State revealed that it wished to strike this juror because two prosecutors had seen her sleeping during the jury selection process, and the trial court then moved onto the next juror) was adequate under Batson, so trial counsel was not ineffective in that respect. See Hightower v. Terry, 459 F.3d 1067, 1072 n. 9 (11th Cir.2006) (<HOLDING>). Moreover, even assuming that Sneed’s counsel 
 Holding statements: (A) recognizing this purpose albeit implicitly (B) recognizing that a trial judge can implicitly find a prosecutors proffered reasons credible (C) holding that the trial judge cannot simply rjubber stamp  a prosecutors nonracial explanation no matter how whimsical or fanciful  but in order to permit a questioned peremptory challenge  must conclude that the proffered reasons are first neutral and reasonable and second not a pretext (D) holding that findings by the trial judge are considered binding on appeal when supported by adequate substantial and credible evidence (E) holding that state prosecutors agreements with defendant not binding on federal prosecutors

SOLUTION:
(B)