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.
--------
Question: likely causes of the engine failure are related to components of the oil delivery system, components of the cylinder assembly, cracked crankcase or an oil leak in general, etc.” As such, the Court finds that Mr. Klepacki’s opinion regarding the more likely causes of engine failure should be excluded. Plaintiffs Expert Donald Sommer Even assuming, without deciding, that Mr. Sommer is qualified to testify as an expert on piloting and accident reconstruction, including engine failure analysis, the Court must still find that the process he used in forming his expert opinion is suffi ciently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc., 326 F.3d at 1342 (stating that “one may be considered an expert but still offer unreliable testimony”); cf. McCorvey, 298 F.3d at 1257 (<HOLDING>). The Court must also find that the testimony 
 Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (C) holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge  (E) holding that rjulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology

Answer: (E)


Question: Inc., and therefore, had standing. Accordingly, the trial court properly denied Appellants’ motion for a directed verdict on this ground. VII. Directed Verdict on Negligence Appellants contend the trial court erred in failing to grant a directed verdict on negligence. Specifically, they maintain the existence and scope of a duty are legal questions, and no evidence was presented pertaining to duties owed by Appellants to the Association. We find this issue is not preserved for our review. Although Appellants moved for a directed verdict at the close of all testimony, they did not move for a directed verdict on the specific basis that no evidence indicated they owed a duty to the Association. Creech v. S.C. Wildlife & Marine Res. Dep’t. 328 S.C. 24, 34, 491 S.E.2d 571, 576 (1997) (<HOLDING>); see also Rule 50(a), SCRCP (“A motion for a 
 Holding statements: (A) holding that the failure to raise an issue in the opening brief waives the issue (B) holding that failure to raise issue in brief constitutes waiver of appeal of the issue (C) holding that defendant failed to raise a constitutional issue at trial and thus failed to preserve the issue for appellate review (D) holding the appellants failure to raise a particular issue in its directed verdict motion precludes appellate review of that issue (E) holding that defendant failed to raise a constitutional issue at trial and thus waived appellate review of that issue

Answer: (D)


Question: light on the kind of relationship that the landlord is “suffering.” If the prior relationship was a tenancy of some kind, then it may be inferred that a tenancy by sufferance continues thereafter. The absence of a prior relationship, however, may make it more difficult to draw such an inference. This deficiency, however, does not compel the conclusion that plaintiffs will be unable to establish conduct sufficient to create a tenancy by sufferance if the allegations in the complaint are proved at trial. The initial trespassory nature of plaintiffs’ entry would not preclude it from being transformed into a tenancy by sufferance or some higher form of tenancy with the acquiescence of the owner. See Tunick v. Federal Food Stores, Inc., 117 Misc. 329, 331, 191 N.Y.S. 174 (2d Dep’t 1921) (<HOLDING>). On the contrary, the conclusion that the 
 Holding statements: (A) holding that current version of rsa chapter 540 applies to tenancies at sufferance (B) holding that a landlords acceptance of rent turned a trespasser to a tenant at sufferance (C) holding that the tenant was not a holdover tenant despite retaining keys because the tenant recognized the termination of the tenancy relinquished possession of the premises and the landlord was able to gain access to the property (D) holding that trespasser did not have expectation of privacy in bedroom where he did not pay rent and had been asked to leave (E) holding that increase in rent combined with friction between tenant and landlord does not establish claim under fair housing act

Answer:
(B)