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.
--------
Question: the Society over in Russia when the company began to sell its SMIRNOV vodka there. A pending litigation in a foreign country between essentially the same parties, even one that concerned a slightly different topic, has been found to create a objectively reasonably apprehension of suit. See Ethicon, Inc. v. American Cyanamid Co., 369 F.Supp. 934, 936-37 (D.N.J.1973). Therefore, even though it appears as if the defendants have never directly threatened the plaintiffs with legal action in the United States, the court concludes that the plaintiffs have introduced sufficient evidence to support their claim that they reasonably feared a lawsuit if they attempted to enter the U.S. market. Cf. Simmonds Aerocessories, Ltd. v. Elastic Stop Nut Corp. of America, 257 F.2d 485, 490 (3d Cir.1958) (<HOLDING>). Nevertheless, because the court finds that 
 Holding statements: (A) holding that the declaratory judgment act is a procedural device (B) recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction (C) holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment (D) holding that letter stating that the defendant was fully prepared to take all necessary legal action in order to protect defendants work was sufficient to show an actual threat of litigation and created a case or controversy for the purposes of the declaratory judgment act (E) recognizing that it is not essential for there to be a direct threat of litigation in order to invoke the declaratory judgment act

Answer: (E)


Question: Villafuerte, 502 F.3d 204, 207-08 (2d Cir.2007); see also United States v. Verkhoglyad, 516 F.3d 122, 128 (2d Cir.2008). In fact we identify no error in this case, plain or otherwise, because the district court’s statement that it had “look[ed] at the relevant conduct, what happened with the fellow you got $250,000 from,” and its statement that it had reviewed the Pre-sentence Report (“PSR”) and “adopt[ed] the factual information that’s contained” therein, are reasonably construed as an explicit adoption of the PSR’s detailed explanation for why Patterson’s conduct causing a $250,000 loss to a California victim was fraudulent and qualified as relevant to the crime of conviction pursuant to U.S.S.G. § IB 1.3(a)(2). See generally United States v. Carter, 489 F.3d 528, 539 (2d Cir.2007) (<HOLDING>). We further conclude that the adopted PSR 
 Holding statements: (A) holding district courts adoption of the presentence report constitutes sufficient findings (B) holding that factual findings set forth in the psi not objected to by a defendant are deemed admitted (C) holding that a district court satisfies its obligation to make factual findings when it explicitly adopts the factual findings set forth in the presentence report (D) holding that express adoption of factual findings in presentence report is sufficient (E) holding that this court will only set aside district courts factual findings when they are clearly erroneous

Answer: (C)


Question: Hobbs v. State, 298 S.W.3d 193, 197 (Tex. Crim. App. 2009). 8 . Marquez v. State, 921 S.W.2d 217, 220 (Tex. Crim. App. 1996) (quoting Duncan v. Louisiana, 391 U.S. 145, 149, 88 S-Ct. 1444, 20 L.Ed.2d 491 (1968)). 9 . "The defendant in a criminal prosecution for any offense other than a capital felony case [seeking the death penalty] ... shall have the right, upon entering a plea, to waive the right of trial by jury. ...” Tex. Code Crim. Proc. art. 1.13. 10 . Marquez, 921 S.W.2d at 220 ("While article 1.13 provides for the method by which a jury may be waived, it does not provide for the undoing of such waiver.”). 11 . Id. at 221. 12 . Id. at 222. 13 . Id. at 223. 14 . Id. (citing Wheatfall v. State, 882 S.W.2d 829, 838 (Tex. Crim. App. 1994). 15 . Id. See also Hobbs, 298 S.W.3d at 199 
 Holding statements: (A) holding that the trial court did not abuse its discretion in refusing to allow the withdrawal of the juiy trial waiver (B) holding that the trial court did not abuse its discretion by refusing to disqualify an attorney based on a matter not raised by the opposing party until only weeks prior to trial (C) holding trial court abused its discretion by refusing to allow questions regarding victims status as a child (D) holding that trial court did not abuse its discretion in refusing amendments to pleadings because they came too late (E) holding trial court did not abuse its discretion in finding violation was willful and substantial

Answer:
(A)