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: I. Jurisdiction The Court of Federal Claims has “jurisdiction to render judgment on an action by an interested party objecting to ... a proposed award or the award of a contract or any alleged violation of statute or regulation in connection with a procurement or a proposed procurement,” 28 U.S.C. § 1491(b)(1) (2012). A party is an “interested party” with standing to bring suit under 28 U.S.C. § 1491(b)(1) if the party “is an ’ actual or prospective bidder whose direct economic interest would be affected by the award of the contract.” Orion Tech., Inc. v. United States, 704 F.3d 1344, 1348 (Fed.Cir.2013). A bidder has a direct economic interest if it suffered a competitive injury or prejudice. Myers Investigative & Sec. Servs., Inc. v. United States, 275 F.3d 1366, 1370 (Fed.Cir.2002) (<HOLDING>). In a post-award bid protest, the protestor 
 Holding statements: (A) holding that prejudice or injury is a necessary element of standing (B) recognizing that allegation of state action is a necessary element of a  1983 claim (C) holding that an assertion of prejudice is not a showing of prejudice (D) holding that actual prejudice is not a necessary element of an insurers untimely notice defense (E) holding that an antitrust injury is a necessary element of a  2 claim

Answer: (A)


Question: statement during closing argument regarding his personal opinion of the defendant’s guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor’s improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that “the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct”); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P. 
 Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously  is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc  1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment

Answer: (D)


Question: say this “touching” rose to the level of “deviate sexual intercourse.” However, we do find there was sufficient evidence adduced at the plea hearing that Relator committed child molestation in the first degree in violation of Section 566.067, RSMo 1994, in that he subjected two victims who were less than twelve years of age to “sexual contact” by touching their vaginas with his hand only. See State v. Pnce, 940 S.W.2d 534, 537 (Mo.App. E.D.1997) (placing hand on victim’s genitals constituted sexual abuse as opposed to deviate sexual' intercourse under amended statutes); State v. Palmer, 976 S.W.2d 29, 30 (Mo.App. E.D.1998) (touching victim’s genitals constituted sexual abuse, not statutory sodomy under amended statutes); State ex rel. Nixon v. Sprick, 59 S.W.3d 515, 519 (Mo. banc 2001) (<HOLDING>). Relator next argues that becadse his offenses 
 Holding statements: (A) holding that intentional acts exclusion applies to intentional act of child molestation (B) holding that touching anus and touching genitals are separate offenses under penal code section 2211a1 (C) holding that an abuse or molestation exclusion unambiguously covered claim of sexual touching even though terms abuse and molestation were not defined (D) holding that simply exposing ones sexual organs to a child can be sufficient proof of child molestation (E) holding direct touching of victims vagina constituted child molestation under amended statutes

Answer:
(E)