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.

Q: opens the door by suggesting the victim’s behavior is inconsistent with that of an abused child. As noted below, many other courts have allowed testimony that a child victim’s behavior or symptoms are “consistent with” child abuse trauma as rebuttal evidence. That is not what happened in this case. Just two years ago, in State v. Favoccia, the Supreme Court of Connecticut thor oughly reviewed the conflicting precedent and policy considerations in reaching the same conclusion we reach today. 306 Conn. 770, 51 A.3d 1002, 1012-22 (2012). The Favoccia court overturned its own precedent to hold that “the trial court abused its discretion in permitting [the expert] to testify about the complainant’s behaviors being consistent -with those generally characteristic 6, 671 N.E.2d 984, 985 (1996) (<HOLDING>); State v. Chamberlain, 137 N.H. 414, 628 A.2d 
 Holding statements: (A) holding that the trial court had abused its discretion in dismissing the case without allowing appellants an opportunity to amend (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding admission of expert testimony not erroneous where expert described typical traits and characteristics of sexually abused children (D) holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case (E) holding that the testimony of an expert witness is admissible when the witness outlines the general characteristics of sexually abused children and then states that the victims symptoms are consistent with those characteristics

A: (D)
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Q: 526 (6th Cir.2006) (explaining that “retire” is not synonymous with “age,” and holding that without more, employer’s statement that' plaintiff should “retire and make everybody happy” was not direct evidence of age discrimination); Erickson v. Farmland Indus., Inc., 271 y attitude during the 2010 discussion, Dunn has failed to show a specific link between the Board’s attitude and its decision to nonrenew his contract. After all, not only was there an almost two-year gap between the Board’s 2010 discussion and the 2012 nonrenewal, but the Board rehired Dunn twice during this period despite him being at least sixty years old. Given these circumstances, any link between the 2010 discussion and the 2012 nonrenewal is too attenuated to constitute direct evidence. See Bone, 686 F.3d at 954 (<HOLDING>); Haigh v. Gelita USA, Inc., 632 F.3d 464, 470 
 Holding statements: (A) holding that in order to raise prejudicial comments of trial court on appeal defendant must object to comments when made and move for a mistrial (B) holding that a supervisors repeated comments to an employee that the supervisor wanted to have sex with the employees fifteenyearold daughter were extremely severe because the comments were significantly more offensive than the typical crass comments we have found to be insufficient to constitute harassment in other cases (C) holding that comments relating to age made some three to fifteen or more years prior to plaintiffs discharge were not relevant to show that he was fired because of his age (D) holding that comments made at least four months before the adverse employment action were not connected to the decisionmaking process and thus were not direct evidence of age discrimination (E) holding that supervisors reactions to comments did not constitute direct evidence of age discrimination where comments were made six months prior to plaintiffs discharge and were unconnected to the discharge decision

A: (E)
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Q: for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir.2004). Where the attack is facial, the court determines whether the complaint’s allegations are sufficient on their face to invoke federal jurisdiction, accepting all material allegations as true and construing them in favor of the party asserting jurisdiction. See Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). Where the attack is factual, “the .court need not presume the truthfulness of the plaintiffs allegations.” Safe Air, 373 F.3d at 1039. In resolving a factual dispute regarding subject matter jurisdiction, a court may review extrinsic evidence beyond the complaint without converting a motion to dismiss into one for summary judgment. See id.; McCarthy v. United States, 850 F.2d 558, 560 (9th Cir.1988) (<HOLDING>). Once a party has moved to dismiss for lack of 
 Holding statements: (A) holding that in a motion to dismiss for lack of subject matter jurisdiction a court may resolve disputed factual issues by reference to evidence outside the pleadings including affidavits (B) recognizing that generally disputes between purchasers of a debtors assets and third parties are not within the bankruptcy courts jurisdiction but recognizing that disputes concerning the sale order itself may be sufficient for subject matter jurisdiction (C) holding that in ruling on a rule 12b1 motion the court may consider exhibits outside the pleadings to resolve factual disputes regarding jurisdiction (D) holding that a court may review any evidence such as affidavits and testimony to resolve factual disputes concerning the existence of jurisdiction (E) holding that under the advisory guidelines a district court should resolve factual disputes at sentencing by applying the preponderance of the evidence standard

A:
(D)
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