TASK DEFINITION: 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.
PROBLEM: strip frisk of an employee may only be conducted on the order of the Superintendent or Acting Superintendent. (The Officer of the Day may issue this order if the Superintendent or Acting Superintendent is absent from the facility and cannot be contacted). b. Strip frisks must be supervised by a uniformed supervisor having at least the rank of Lieutenant. c. No more than two frisking employees are to be present in addition to the supervising officer. d. Strip frisks shall be conducted in a location and manner which will cause the least possible embarrassment to the employee being searched. e. The supervising and searching officers must be of the same sex as the employee being searched. If a ranking female security supervisor is not available, the Superintendent shall designate a female (<HOLDING>) to conduct the search. f. An employee may 
 Holding statements: (A) holding that because there was no evidence before the court of any similarly situated employees who were promoted to a higher salary grade when plaintiff was denied a promotion plaintiff could not establish a prima facie case of discriminatory failure to promote (B) holding that a retiree with a sixth grade education who was given little time to review the terms had stated a claim (C) holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade (D) holding a higher grade than the employee being searched (E) holding the prosecution to a higher burden of proof than the law required is a valid raceneutral reason for excluding a juror

SOLUTION: (D)

PROBLEM: (1993). This privilege has been given an “expansive reach” by California courts, as recognized by the California Supreme Court. See Rubin, 4 Cal.4th at 1194, 17 Cal.Rptr.2d 828, 847 P.2d 1044. This privilege affords absolute immunity against tort liability arising out of such a communication, regardless of attempts by the “plaintiff’ to “plead around” this “absolute barrier.” See id. at 1201-02, 17 Cal.Rptr.2d 828, 847 P.2d 1044. Thus, the immunity applies regardless of the particular label given to the cause of action (e.g., unfair competition). Section 47(b) protects participants in judicial proceedings from derivative tort actions based on communications in or regarding the judicial proceeding. See Dove Audio, Inc. v. Rosenfeld, 47 Cal.App.4th 777, 781-83, 54 Cal.Rptr.2d 830 (1996) (<HOLDING>). A “communication[ ] preparatory to or in 
 Holding statements: (A) holding that letter to possible coclaimants seeking support for filing of suit was covered by the privilege (B) recognizing privilege (C) holding that voluntary testimony by spouse is not covered by husbandwife privilege (D) holding that documents reflecting the department of educations review of a universitys compliance with title iv were covered by the privilege and rejecting the argument that a specific policy judgment is necessary for the privilege to apply because the privilege servesto protect the processes by which governmental decisions as well as policies are formulated (E) holding that the initial disclosure of a crime to one spouses without more is covered by the marital communications privilege

SOLUTION: (A)

PROBLEM: the back of the invoice that CDW sent BYS form “part of the contract unless ... they materially, alter it.” Iowa Code § 554.2207(2). Whether the Terms and Conditions materially alter the contract depends on whether the terms would result in “surprise” to BVS. Iowa Code § 554.2207, cmt. 4. Prior to this dispute, BVS and CDW entered into hundreds of transactions. Furthermore, prior to this dispute, BVS received the Terms and Conditions from CDW hundreds of times. See Harb Affidavit, CDW App’x at 245 (stating that every order confirmation',' ing that additional terms did not materially alter the parties’ contract because the parties had exchanged the . term's numerous times prior to the transaction at issue and, therefore, there was no surprise); Sudenga Indus., Inc., 894 F.Supp. at 1238 (<HOLDING>). Therefore, the court finds that the January 
 Holding statements: (A) holding that the fine print terms at the bottom of an invoice imposing attorney fees were not terms upon which the parties agreed and therefore did not become part of the contract (B) holding that agreement had been reached where the plaintiff had proposed terms for providing his services to the defendant and the parties then entered into a business relationship  despite defendants claim it never agreed to the plaintiffs proposed salary terms for that relationship (C) holding that possession was obtained when goods were received at the debtors facility and was not dependent on the contractual terms between the parties (D) holding that the plaintiff could not show surprise when the plaintiff had received the additional terms from the defendant prior to the agreement (E) holding that the terms on the back of an invoice sent after the parties entered into a contract were enforceable because the invoices were issued relatively contemporaneously with the shipment of goods  the parties dealings involved identical invoice provisions throughout the parties relationship  additional terms were found in the invoices that were not in the purchase orders and the plaintiff never exercised any opportunity to delete these additional terms

SOLUTION:
(E)