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.
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Question: of the evidence. Hicks, 509 U.S. at 511, 113 S.Ct. at 2749. In interpreting Hicks, supra, the Second Circuit has stated definitively as follows: [Defendant] misreads the Supreme Court’s statement in Hicks that once a defendant produces evidence of a legitimate, nondiscriminatory reason for his or her action, the plaintiff must then establish that the defendant’s actions were intentionally discriminatory. [Defendant] takes this statement as requiring the plaintiff to adduce additional evidence after the defendant’s production — evidence beyond that presented in the plaintiffs prima facie case. Justice Scalia took pains to preclude such an interpretation of the Court’s decision when he observed that, upon rejection of the defendant’s proffered reasons for its action , 142 (2d Cir.1993) (<HOLDING>), cert. denied, — U.S. -, 114 S.Ct. 1189, 127 
 Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that former employer met its burden of proof that ubc exception applied (C) holding that the burden of proof is on the claimant (D) holding plaintiffs ultimate burden of proof can be met by combining proof submitted in its prima facie case with evidence that defendants proffered reasons for its acts were false (E) recognizing that a plaintiffs burden in establishing a prima facie case is not onerous

Answer: holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence


Question: objectively by a reasonable person. Cooper v. Albacore Holdings, Inc., 204 S.W.3d 238, 244-45 (Mo.App.E.D.2006). Here, the trial court found that the Employer’s alleged conduct was not sufficient as a matter of law to objectively establish severe or pervasive hostility based on a disability. Whether “a reasonable person would objectively consider [an employer’s] behavior towards [a claimant] severe enough to alter the conditions of her employment and create an abusive working environment” is a question of fact. Cooper, 204 S.W.3d at 245; see also Howard, 149 F.3d at 840; 37 William C established, whether a reasonable person would similarly find the conduct offensive will generally be a question of fact for the jury. Cf. Meyerkord v. Zipatoni Co., 276 S.W.3d 319, 326 (Mo.App.E.D.2008) (<HOLDING>); Y.G. v. Jewish Hasp, of St. Louis, 795 S.W.2d 
 Holding statements: (A) holding that a person is seized when a reasonable person would have believed that he was not free to leave (B) holding that whether misrepresentations would be highly offensive to a reasonable person are questions for a jury (C) holding that questions of proximate cause are within the exclusive domain for the jury and may only be removed when reasonable minds cannot differ (D) holding in determining whether driver was insured under terms of policy exclusion of person using vehicle without a reasonable belief person was entitled to do so must be considered (E) holding that whether an encounter is consensual hinges on whether a reasonable person would have felt free to disregard the police and go about his business

Answer: holding that a person is seized when a reasonable person would have believed that he was not free to leave


Question: 1983). VI CONCLUSION To sum up, the Act of 1871 was a response to a profound breakdown in state government. Congress guaranteed by Section 1 of the Act that every person should have a federal remedy for failure of any state actor to afford a person the rights, privileges and immunities secured by the Constitution and laws of the United States. Among the rights secured by the Fourteenth Amendment is that no state shall deprive a person of property without due process of law, nor deny to that person the equal protection of the laws. In the setting of municipal land use controversies, our State has well established procedures, including judicial review of municipal governance, to assure government under law. See Pizzo Mantin Group v. Township of Randolph, 137 N.J. 216, 645 A.2d 89 (1994) (<HOLDING>). We are satisfied that the principles of 
 Holding statements: (A) holding that municipal government may not exercise unguided developmental powers but must incorporate standards of decision in dulyenacted ordinances (B) holding that a policy for purposes of municipal liability may be established by an officials single decision (C) recognizing that citizens who exercise their rights under the initiative provisions act as and become in fact the legislative branch of the municipal government  (D) holding that municipal pension boards may not be sued (E) holding a court of criminal appeals may not exercise its sentence approval powers to criticize a state court conviction

Answer:
holding that a policy for purposes of municipal liability may be established by an officials single decision