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: limitations was equitably tolled fails because he did not raise this argument before the district court. See Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (<HOLDING>). Grace’s remaining contentions lack merit. 
 Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that the plaintiff bears the burden when relying on the discovery rule (C) recognizing the validity of the doctrine but holding no equitable tolling on the facts presented (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction

Answer: (D)


Question: and the weapons charge, for which he was sentenced to a concurrent term of five years’ imprisonment. Jackson appealed to this court. LAW/ANALYSIS I. Exclusion of Evidence Jackson argues the trial court erred in excluding his testimony about his personal knowledge of Felder’s violent history. We disagree. The admission or exclusion of evidence is a matter within the trial court’s sound discretion, and an appellate court may only disturb a ruling admitting or excluding evidence upon a showing of a manifest abuse of discretion accompanied by probable prejudice. State v. Douglas, 369 S.C. 424, 429, 632 S.E.2d 845, 847-48 (2006). Generally, the failure to make a proffer of excluded evidence will preclude review on appeal. State v. Santiago, 370 S.C. 153, 163, 634 S.E.2d 23, 29 (Ct.App.2006) (<HOLDING>). Where no proffer of excluded testimony is 
 Holding statements: (A) holding that objection to testimony at trial on grounds that testimony was irrelevant highly prejudicial and below the threshold requirement of admissibility does not preserve appellate challenge that testimony constitutes inadmissi ble victimimpact testimony (B) holding the excluded testimony was relevant to whether a signature was that of a deceased party and since a statement regarding the issue was the only testimony that could be given by the witness no offer to prove was necessary because the substance of the evidence was apparent from the context of the question asked (C) holding that we could not weigh the prejudice suffered as a result of the exclusion of plaintiffs testimony because we had no way of knowing what the plaintiffs testimony would have been (D) holding a proffer of testimony is required to preserve the issue of whether testimony was properly excluded by the trial judge and an appellate court will not consider error alleged in the exclusion of testimony unless the record on appeal shows fairly what the excluded testimony would have been (E) holding that the trial courts statement it would deny the defendants request to make a bill at this time did not discharge the appellants duty to proffer the excluded testimony for preservation of error

Answer: (D)


Question: engagement of experts[,]” McDonald, 191 at 786, 663 S.E.2d at 465, the additional days to prepare after receiving notice of the nature and extent of defendant’s entrapment defense should have been sufficient to remedy any prejudice to the State. In any event, the State would not have been prejudiced had the trial court imposed a less severe sanction such as a continuance or a recess. After considering the totality of the circumstances, we hold that the trial court’s refusal to instruct the jury on'the entrapment defense was not a proper sanction for any failure by defendant to provide sufficiently specific notice of his intent to assert the. defense of entrapment. The trial court’s ruling, therefore, constituted an abuse of discretion. See Dorman, _ N.C. App. at _, 737 S.E.2d at 470 (<HOLDING>). Conclusion We hold that defendant presented 
 Holding statements: (A) holding that trial court did not abuse its discretion in admitting testimony on inmate code of silence to show witness bias and help explain why the government failed to call certain witnesses (B) holding trial courts pretrial order suppressing certain witnesses testimony from use in future proceedings based on states initial failure to disclose various documented conversations was in error when defendant was in possession of the relevant information well before trial and trial court failed to detail specific and continuing prejudice defendant suffered as a result of initial nondisclosure and failed to explain how suppression of witnesses testimony remedied nondisclosure (C) holding that the trial courts failure to have each bench conference and ruling properly transcribed was not reversible error when the defendant failed to show that he was prevented from presenting any relevant evidence and failed to establish that any prejudice resulted from the absence in the record (D) holding that review by certiorari was available to remedy a trial court order that improperly struck two of the states witnesses as a sanction for the states failure to disclose the address of one of the witnesses in discovery (E) holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial

Answer:
(B)