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.
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Question: his personal belief that the officer was not lying. The prosecutor stated: “He came in here and told you the truth about what happened” and later reiterated, “This officer didn’t commit perjury. He came in here and told you the truth about what happened.” This was improper vouching by “placing the prestige of the government behind a witness through personal assurances of the witness’s veracity ...” United States v. Necoechea, 986 F.2d 1273, 1276 (9th Cir.1993) (citations omitted). Contrary to the government’s assertion, the prosecutor need not invoke the name of the federal government in offering his personal belief — it is sufficient that the personal statement of belief came from the government’s attorney. See, e.g., Carriger v. Stewart, 132 F.3d 463, 482 (9th Cir.1997) (en banc) (<HOLDING>). Second, the prosecutor vouched for Officer 
 Holding statements: (A) holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment (B) holding that it was improper for prosecutor to state he did not lie to you he is a lot of things but he is not a liar (C) holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present (D) holding that the defendant could not appeal a jury instruction where he did not object to the challenged instruction but in fact requested it and stated he was satisfied with it (E) holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail

Answer: (B)


Question: that placed a forty-five day time limit on the administrator’s decision to grant or deny a license. See Redner, 29 F.3d at 1500. In the event the administrator exceeded the forty-five day time limit, the ordinance stated that “the applicant may be permitted to begin operating the establishment for which a license is sought," unless and until the County Administrator notifies the applicant of a denial of the application.” See id. at 1500-01 (citation omitted). We held that the ordinance was unconstitutional on its face because its use of the word “may” rather than “shall” allowed the individuals responsible for enforcing the ordinance to suppress the protected expression for an indefinite time period prior to any action on their part or any judicial determination. See id. at 1501 (<HOLDING>). In Lady J. Lingerie, we examined the 
 Holding statements: (A) holding that a plaintiff had standing to attack an entire ordinance including portions of the ordinance not applied to the plaintiff (B) holding that a party may not invoke the capable of repetition yet evading review exception where its failure to obtain prompt relief has prevented judicial review (C) holding also that the ordinance failed to provide for prompt judicial review (D) holding that because here the statutes in issue provide for judicial review via citizen suit provisions yet do not set forth a standard for that review judicial review is limited to apa review on the administrative record (E) holding that the llupa does not provide for judicial review of a request to change a comprehensive zoning plan

Answer: (C)


Question: under § 1983 has not been established. [¶ 31.] In addition, [t]o state a claim under 42 USC § 1985(3), a plaintiff must plead 1) the existence of a conspiracy; 2) a purpose of depriving a person or class of persons of equal protection of the laws; 3) an act in the furtherance of the alleged conspiracy; and 4) an injury to person or property or the deprivation of a right or privilege granted to a United States citizen. Additionally, a plaintiff must show “some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirator’s action." Biby v. Board of Regents of the University of Nebraska at Lincoln, 338 FSupp2d 1063, 1074 (D.Neb.2004) (internal citations omitted) (emphasis added). See also Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir.2004) (<HOLDING>). [¶ 32.] On appeal, the parents do not assert, 
 Holding statements: (A) holding that lprs are entitled to the protection of the equal protection clause (B) holding that a claim under the equal protection section of section 19853 requires proof of classbased animus (C) holding that equal protection requires that state legislative districts be roughly equal in population (D) holding that defendant had qualified immunity under section 19853 claim where underlying claim failed as a matter of law (E) holding that doctrine does not violate equal protection

Answer:
(B)