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: limitations was equitably tolled fails because he did not raise this argument before the district court. See Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (<HOLDING>). Grace’s remaining contentions lack merit. 
 Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that the plaintiff bears the burden when relying on the discovery rule (C) recognizing the validity of the doctrine but holding no equitable tolling on the facts presented (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction

Answer: (D)


Question: judge is provided for in Ind. P-C.R. 1, § 4(b), it is not automatic as Barclay asserts. Instead, “the rule requires the judge to examine the affidavit, treat the historical facts recited in the affidavit as true, and determine whether these facts support a rational inference of bias or prejudice.” Jackson v. State, 643 N.E.2d 905, 907 (Ind.Ct.App.1994), trans. denied (citing State ex rel. Whitehead v. Madison County Circuit Court, 626 N.E.2d 802, 803 (Ind.1993)). Barclay’s affidavit presents the fact that the trial court judge accepted his guilty plea without an adequate factual basis as his evidence of bias. Even taking this assertion as true, it does not support a rational inference of bias or prejudice. See Smith v. State, 613 N.E.2d 412, 414 (Ind.1993), reh’g denied, cert, denied (<HOLDING>); Jackson, 643 N.E.2d at 907 (holding that the 
 Holding statements: (A) holding that the fact that a judge had ruled against the defendant is not a basis for finding the judge prejudiced (B) holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion (C) holding that the fact that the judge received adverse publicity for granting postconviction relief in another case did not require the judge to recuse herself (D) holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith (E) holding that counsel was not ineffective for not filing a motion to recuse the judge who presided at trial when the judge had also prosecuted a prior case that was used to enhance the current case

Answer: (C)


Question: to seek applicants from persons with complainant's qualifications. McDonnell, 411 U.S. at 802, 93 S.Ct. 1817.; see also Okoye v. Univ. of Tex. Houston Health Sci. Ctr., 245 F.3d 507, 512-13 (5th Cir.2001) (addressing a racial discrimination claim). 16 . McDonnell, 411 U.S. at 802, 93 S.Ct. 1817. 17 . McMillian v. Svetanoff, 878 F.2d 186, 189 (7th Cir.1989) (noting that "[a]n employer, even a public employer ... is free to choose among qualified candidates so long as that choice is not based on unlawful criteria”) (citing Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 259, 101 S.Ct. 1089, 1097, 67 L.Ed.2d 207 (1981)). 18 . See Deines v. Tex. Dep't Protective & Regulatory Servs., 164 F.3d 277, 282 (5th Cir.1999). Price v. Fed. Express Corp., 283 F.3d 715, 723 (5th Cir.2002) (<HOLDING>). 19 . 20 U.S.C. §§ 6301-6578. 20 . Price, 283 
 Holding statements: (A) holding that second element of qualified immunity test is whether the law violated was clearly established (B) holding that expert was qualified to testify regarding sexuallyabused children based on witness education professional license and experience (C) holding that better education work experience and longer tenure with the company do not establish that an applicant is clearly better qualified (D) holding plaintiff with nineteen years experience as hospital assistant and bachelors and masters degrees to be significantly better qualified for pharmacy technician position than applicant with no college education and two months relevant experience (E) holding that the applicant failed to satisfy the statute because the applicant did not have an ownership right or access right to the reservoir site

Answer:
(C)