instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
$585,000 compensation for both the value of the condemned property and damage to the remainder. Northborough filed an objection to the commissioner’s decision asserting it had not received just compensation. The State filed an objection claiming the award was excessive. On April 19, 1991, the award was deposited with the clerk of the trial court. Northborough filed a motion to withdraw the $585,000, which the trial court granted on May 2, 1991. The State subsequently took possession of the condemned property and commenced construction on I-45. Prior to the commencement of the jury trial, the trial court held a hearing to determine whether there was a material and substantial impairment of access to the remainder. See State v. Wood Oil Distrib., Inc., 751 S.W.2d 863, 865 (Tex.1988) (<HOLDING>). The trial court found the improvements to 
 Holding statements: (A) holding that when ruling on a motion under rule 60b1 the trial court is not required to make written findings of fact unless a request is made (B) holding that the trial court is required to provide reasons for its decision prior to appeal (C) holding the trial court is required to make a determination on impairment of access prior to trial (D) holding that trial courts limited findings were insufficient to allow determination of whether trial court abused its discretion in denying defendants motion to dismiss his indictment on constitutional speedy trial grounds (E) holding that an exhaustion of appellate remedies is required to make a trial courts ruling the law of the case
answer:
holding that when ruling on a motion under rule 60b1 the trial court is not required to make written findings of fact unless a request is made


question:
to Richardson. 6 . In J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), the Supreme Court extended Batson and its progeny to prohibit the exercise of peremptory challenges on the basis of gender. 7 . The Slate also points out that the presiding judge in the instant case is an African American jurist. Judge Green's sensitivity and efforts to seat a constitutional and racially-diverse jury for defendant, is evidenced in the debate over Richardson. Even though the judge originally found the state’s race-neutral reasons as to Richardson valid, he became concerned about the exclusion of African Americans from defendant's jury. However, the judge’s race is not relevant to Batson analysis. See State v. Tilley, 99-0569, p. 8 (La.7/6/00), 767 So.2d 6, 15 (<HOLDING>). 8 . A discussion of the assignments of error 
 Holding statements: (A) holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case (B) holding that a criminal defendant can bring a third party challenge to the peremptory striking of jurors based on race whether or not he is of the same race as the jurors who are struck (C) recognizing that certain forms of race consciousness do not lead inevitably to impermissible race discrimination (D) holding that custody decision based on race is not justified (E) holding that the race of the prosecutor is irrelevant
answer:
holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case


question:
the Second Circuit has emphasized that “[although evidence of one stray comment by itself is usually not sufficient proof to show age discrimination, that stray comment may ‘bear a more ominous significance’ when considered within the totality of the evidence.” Carlton, 202 F.3d at 136 (quoting Danzer, 151 F.3d at 56); see also Schreiber, 324 F.Supp.2d at 522-23. “Even ‘stray remarks in the workplace by persons who are' not involved in the pertinent decision making process ... may suffice to present a prima facie case,’ provided those remarks evidence invidious discrimination.” Belgrave v. City of New York, No. 95 Civ. 1507, 1999 WL 692034, at *29 (E.D.N.Y. Aug. 31, 1999) (quoting Ostrowski, 968 F.2d at 182); see also Malarkey v. Texaco, Inc., 983 F.2d 1204, 1210 (2d Cir.1993) (<HOLDING>); Warren v. Halstead Indus., Inc., 802 F.2d 
 Holding statements: (A) holding that statements made by nondecisionmakers were properly received because they showed the pervasive corporate hostility towards plaintiff and supported her claim that she did not receive a promotion due to her employers retaliatory animus (B) holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination (C) holding that a plaintiff could not proceed on her procedural due process claim brought under  1983 because she did not show that she had exhausted her state law remedies or alleged that those remedies were inadequate (D) holding that the plaintiff made out a prima facie case of age discrimination based upon a showing that she was a member of the protected group she was qualified and capable of doing her job she was discharged and that her manager called her old woman thus evincing agebased animus sufficient to demonstrate discriminatory intent (E) holding that plaintiff failed to establish that her transfer to another department was retaliatory as opposed to her employers attempt to diffuse a personality conflict
answer:

holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination