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: of a class consisting of all African-American plant employees. Accordingly, the district court acted within its discretion to deny class certification on the basis of the appellants’ direct evidence. B. Statistical Evidence Nucor provided the appellants with actual promotion-related job posting and applicant data from January 2001 to February 2006. According to the appellants’ own expert, statistical analysis of this data resulted in a standard deviation of - .84, a result indicating no statistically significant disparity in the actual versus expected percentage of African-American employees successfully bidding on jobs. J.A. 5872-73. The appellants, however, objected to use of the 2001 to 2006 time period because it included job posting and bidding 759 n. 17 (4th Cir.1986) (<HOLDING>). Since the appellants could not prevail based 
 Holding statements: (A) recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard (B) recognizing that differences between the expected value and the observed number greater than two or three standard deviations are significant (C) recognizing the cause of action (D) recognizing cause of action (E) recognizing that a standard deviation greater than two or three excludes chance as the cause of underrepresentation

A: (E)
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Q: of his criminal history and likelihood of reoffending. Currie notes that most of his prior convictions were remote and that he has demonstrated both a decrease in criminal behavior since 1990 and a decrease in violent conduct since 2006. However, the vast majority of Currie’s adult life has been spent in prison, undermining his argument that his reduction in criminal convictions during this period is indicative of reduced criminality. Notably, Currie’s dozens of institutional would impose the same sentence as a variance sentence, even if it erred in its Guidelines calculations or application of U.S.S.G. § 4A1.3(a). And although Currie identified nonfrivolous mitigating factors in support of a lower sentence, see, e.g., United States v. Howard, 773 F.3d 519, 532-33 (4th Cir. 2014) (<HOLDING>), we cannot conclude, in view of the totality 
 Holding statements: (A) holding as a matter of law that a child of the tender age of 3 years and 8 months could not have realized the risk or danger of an artificial body of water (B) holding that adea plaintiff had failed to make a prima facie case of age discrimination when he was replaced by someone only two years younger and within the protected age group and there was no other evidence of age discriminatory motive (C) recognizing reduced culpability in youthful offenders and inverse correlation between inmates age and risk of recidivism (D) holding that a statement of fact relating to the plaintiffs age was not direct evidence of age discrimination because the relevance of the comment is provided by inference (E) holding age discrimination claim barred

A: (C)
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Q: Id. [33] The advisory sentence is the starting point the legislature has selected as an appropriate sentence for the crime committed. Abbott v. State, 961 N.E.2d 1016, 1019 (Ind.2012). At the time of his sentencing, the advisory sentence for a Class D felony was one-and-one-half years, with a minimum of six months and a maximum of three years. Here, the trial court imposed the maximum sentence but suspended one year to probation. In arriving at this sentence, the trial court found as mitigating circumstance the fact that Wahl had no criminal history at the time. However, the trial court found the nature of the offense and the fact that the victim was “less than 12 years of age” to be an aggravating circumstance. (Tr. p. 852). See Kile v. State, 729 N.E.2d 211, 214 (Ind.Ct.App.2000) (<HOLDING>). [34] As for the nature of the offense, Wahl 
 Holding statements: (A) holding that dependent upon the circumstances of the case a defendants deportability could be viewed as either a mitigating or an aggravating factor (B) recognizing attorneys substantial experience in the practice of law as an aggravating factor (C) holding that trial court did not err (D) holding evidence sufficient to support aggravating factor of old age (E) holding that the trial court did not err in using the particularized factual circumstances of the case namely the victims age  as an aggravating factor

A:
(E)
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