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: who are undeniably state actors, colluded with her in her actions. When all intendments are taken in the Plaintiffs’ favor, therefore, their allegations indicate both that Malac infringed their substantive due process rights and that she can be considered a state actor. Accordingly, Malac’s motion to dismiss is denied. III. CONCLUSION For the foregoing reasons, Defendant Barbara Malac’s motion to dismiss [Docket No. 47] is DENIED. The motion of Defendant Agent Cynthia Preston and Defendant Agent Nancy Gingras [Docket No. 50] to dismiss is DENIED with respect to Agent Preston, but GRANTED with respect to Agent Gingras. SO ORDERED. 1 . For the propriety of citing this unpublished Second Circuit opinion, see Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (Arnold, J.) (<HOLDING>), vacated as moot, 235 F.3d 1054 (8th Cir.2000) 
 Holding statements: (A) holding that unpublished opinions are of persuasive value at best and not precedential (B) holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits (C) holding that even district court cases decided by panels of three have no precedential value (D) holding that unpublished opinions have precedential effect (E) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted

Answer: (D)


Question: not explicitly mentioning the prior art problem of having to store complete copies of the web site’s content on multiple servers, claim 6 contains provisions that refer to the solution to this problem: the preamble language indicating that the nodes (servers) contain different resources, and the steps relating to the delayed resource-binding aspect of the invention. The claim does not, however, make any reference to the bottleneck problem or to the bypass solution of that problem. Therefore, without explicit claim language relating to the bottleneck problem, we see no reason why the invention as recited in claim 6 must include the bypass feature described in the written description as a solution to that problem. See Honeywell, Inc. v. Victor Co. of Japan, 298 F.3d 1817 (Fed.Cir.2002) (<HOLDING>). Alteon also relies on the “Detailed 
 Holding statements: (A) holding that the computer readable code claimed in claim 6 the product claim was a part or component of that invention (B) holding that claimed invention did not need to solve both problems in the prior art when claim included language addressing only one problem (C) recognizing that courts must be careful not to allow hindsight reconstruction of references to reach the claimed invention without any explanation as to how or why the references would be combined to produce the claimed invention (D) holding that the moving party must show prior art references which alone or combined with other references would have rendered the invention obvious to one of ordinary skill in the art at the time of the invention (E) holding that the one challenging the patent must in part show that the subject matter of the sale or offer to sell fully anticipated the claimed invention or would have rendered it obvious by its addition to the prior art

Answer: (B)


Question: 1999-NMSC-016, ¶ 25, 127 N.M. 254, 980 P.2d 37 (internal quotation marks and citation omitted). A reviewing court’s determination of what process is due in an administrative proceeding results from a balancing of (1) “the private interest that will be affected by the official action”; (2) “the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards”; and (3) “the [g]overnment’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.” Id. ¶ 26 (quoting Mathews v. Eldridge, 424 U.S nced against ABCWUA’s and NMIEC’s private interest in just and reasonable utility rates. See § 62-3-1 (B) (<HOLDING>). Accordingly, we turn to the second prong of 
 Holding statements: (A) holding that a private invasion whether accidental or deliberate reasonable or unreasonable does not violate the fourth amendment because of its private character (B) recognizing the public interest exception (C) recognizing the private interest in reasonable and proper service at fair just and reasonable rates (D) recognizing that the extent of the protection accorded a privacy right at common law rested in part on the degree of dissemination of the allegedly private fact and the extent to which the passage of time rendered it private (E) recognizing private right of action

Answer:
(C)