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: that Nusspickel was guilty of the aggravated battery charges even though the jury convicted her on each charge of the lesser-included offense of simple battery and (2) misconduct that had not been charged and proved relating to her alleged contact with one of the victims after the charged incidents. She also asserts that the State cannot carry its burden to show that the judge did not rely on these impermissible considerations. Generally, the trial court’s imposition of a sentence that is within the minimum and maximum limits set by the legislature “is a matter for the trial Court in the exercise of its discretion, which cannot be inquired into upon the appellate level.” Shellman v. State, 222 So.2d 789, 790 (Fla. 2d DCA 1969); see also Booker v. State, 514 So.2d 1079, 1082 (Fla.1987) (<HOLDING>); Darby v. State, 216 So.2d 29, 30 (Fla. 3d DCA 
 Holding statements: (A) recognizing that we review the sentence imposed by a district court under the abuse of discretion standard (B) holding that a sentence imposed for a violation of supervised release will be upheld where 1 the district court considered the applicable policy statements 2 the sentence is within the statutory maximum and 3 the sentence is reasonable (C) recognizing that this court and the united states supreme court have embraced the notion that so long as the sentence imposed is within the maximum limit set by the legislature an appellate court is without power to review the sentence (D) holding that an appellate court has no jurisdiction to review a sentence imposed by the trial court that is within the limits prescribed by statute which is not the result of oppression prejudice or corrupt motive (E) holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant  according to the states sentencing guidelines

Answer: (C)


Question: campus is a limited public forum. Def. Br. 12. The Court agrees with the defendants’ assessment. The Court begins by recognizing that “the campus of a public university, at least for its students, possesses many of the characteristics of a public forum.” Widmar v. Vincent, 454 U.S. 263, 267 n. 5, 102 S.Ct. 269, 70 L.Ed.2d 440 (1981). Accordingly, the Second Circuit has noted, “[s]ome portions of a public college’s campus may be a public forum.” Davis v. Stratton, 360 FedAppx. 182, 184 (2d Cir.2010). Significant to the analysis, however, is that these areas may constitute a designated public forum only to the extent they are “intentionally openfed]” to First Amendment activities. Make the Road by Walking, Inc. v. Turner, 378 F.3d 133, 143 (2d Cir.2004); see also Ochshom, 645 F.3d at 540 (<HOLDING>); Hotel Emps., 311 F.3d at 545 (noting that a 
 Holding statements: (A) holding that a high school is not a public forum thus precluding free airing of religious views (B) holding that a public high school newspaper was a limited public forum not a traditional or designated public forum because there was no evidence that the school permitted indiscriminate use by the general public quoting hazelwood sch dist v kuhlmeier 484 us 260 267 108 sct 562 98 led2d 592 1988 (C) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (D) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (E) recognizing that government is not required to retain open nature of designated public forum

Answer: (B)


Question: as an exhibit, he was able to make his argument that the victim was vindictive towards defendant. Accordingly, even if the trial court erred in this respect, we are not persuaded that it is more probable than not that any such error was outcome determinative. (MCOA Op. at 5.) Petitioner contends that, by barring the introduction of the actual letters sent by Gordon and barring cross-examination that quoted those letters, the trial court prevented him from effectively cross-examining Gordon about her bias and motive for giving false evidence against him. I disagree. Unlike in Van Arsdall, 475 U.S. at 679, 106 S.Ct. 1431, the trial court did not “prohibit! ] all inquiry” into Gordon’s possible bias and motivation to lie. Id. (emphasis in original); see also Vasquez, 496 F.3d at 571 (<HOLDING>). Contrary to Petitioner’s representations, he 
 Holding statements: (A) recognizing this distinction (B) recognizing distinction between tolling and estoppel (C) recognizing distinction between barring all inquiry into a witness bias and barring a particular form of crossexamination (D) recognizing distinction between two types of waiver (E) recognizing distinction between smith and mcdonnell

Answer:
(C)