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: Cordova’s final policymaking authority concerning the termination or transfer of employees. For the aforesaid reasons, I conclude summary judgment should enter against Singer on the § 1981 and § 1983 claims against the School District. B. Liability of Cordova under § 1981. I have concluded the School District is not liable to Singer under § 1981. I consider Defendants’ additional argument concerning the § 1981 claim since it remains of relevance to Singer’s § 1981 claim against Cor-dova. Defendants argue § 1981 does not apply to religious discrimination and the claim should be dismissed insofar as it is based on such discrimination. See Shapolia v. Los Alamos Nat’l Lab., 992 F.2d 1033, 1036 n. 3 (10th Cir.1993); Manzanares v. Safeway Stores, Inc., 593 F.2d 968, 971 (10th Cir.1979) (<HOLDING>). Singer cites the holding in Shaare Tefila 
 Holding statements: (A) holding discrimination based on pregnancy was not sex discrimination (B) holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex (C) holding that a violation of  1981 requires purposeful race discrimination (D) holding that racial discrimination is not a personal injury tort (E) holding  1981 is directed to racial discrimination although not necessarily limited to the technical or restrictive meaning of race but does not apply to sex or religious discrimination

Answer: (E)


Question: Ms. Goren bases her statement of facts on her second amended complaint. That complaint, however, is not before this court. On September 3, 1997, the district court entered a judgment dismissing Ms. Goren’s complaint. Ms. Goren subsequently filed a motion pursuant to Rule 59(e) of the Federal Rules of Civil Procedure to alter or amend judgment to permit filing of a second amended complaint. Ms. Goren attached her proposed second amended complaint to that motion. On October 23, 1998, the court entered an order denying Ms. Goren’s motion. In her opening brief, Ms. Goren devoted nearly her en tire argument to the district court’s decision dismissing her amended complaint. Indeed, there is no “Issue Presented" or meaningful argument regarding the district court’s denial of Ms. Goren’s 93) (<HOLDING>). 5 . At oral argument, Ms. Goren’s counsel 
 Holding statements: (A) holding that a prisoner did not engage in protected conduct when he threatened to file a frivolous grievance (B) holding that attorney who allegedly prepared false private placement memoranda regarding limited partnership did not conduct affairs of enterprise because he did not direct  the legal entities he represented to engage in particular transactions (C) holding that appellant forfeited his complaint regarding his sentence because he did not object at trial (D) holding that the defendant had abandoned any possessory or privacy interest in bags found in the truck he was driving where he stated that he did not own the bags did not know who did and did not know what was in them (E) holding that harold fine did not have direct and independent knowledge because he did not personally conduct the audits that led to the public disclosures

Answer: (B)


Question: single question strongly implied that Leja had “said nothing” to police upon her arrest in Mississippi. But Leja never answered the question, and the jury was instructed to disregard it. The general rule is that the jury must be presumed to have followed the trial court’s instructions. See State v. Pippitt, 645 N.W.2d 87, 94 (Minn.2002). This is not a case of repeated questioning aimed at planting an improper inference. See State v. Harris, 521 N.W.2d 348, 352-53 n. 5 (Minn.1994) (questioning whether curative instruction would have prevented prejudice from repeated improper questioning). Rather, the prosecutor’s question was brief, although, as the last question on cross-examination and one followed by a lengthy bench conference, it was not “undramatic.” Cf. Dunkel, 466 N.W.2d at 429 (<HOLDING>). But the jury had already heard abundant 
 Holding statements: (A) holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt (B) holding that brief undramatic reference to defendants prearrest silence was harmless beyond a reasonable doubt (C) holding that harmless beyond a reasonable doubt analysis not applicable in habeas cases (D) holding that appellate court should review error in trial procedure to determine if it was harmless beyond a reasonable doubt (E) holding that trial court must determine whether fifth amendment violation was harmless beyond a reasonable doubt

Answer:
(B)