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: Const, amend. XIV, § 1 (“nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”) (emphasis added). Thus, the Fourteenth Amendment protects all persons, whether they can prove membership in a specially protected class or not. The Court does not, in so holding, suggest that membership in a particular class of persons is irrelevant to a determination of whether a constitutional violation has occurred. Courts must evaluate discrimination based on membership in an identified suspect class such as race, alien-age, or national origin, with the most strict scrutiny. See City of Cleburne v. Cleburne Living Center, 473 U.S. 432, 440, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985) (<HOLDING>). In contrast, the Eighth Circuit has held that 
 Holding statements: (A) holding that the government interest in preventing crime is compelling (B) holding on summary judgment that a regulation is narrowly tailored to serve a significant government interest (C) recognizing the compelling interest in highway safety (D) holding that such classifications are permissible only when suitably tailored to serve a compelling state interest (E) holding grandparent visitation statute serves compelling state interest in maintaining grandparentgrandchild relationship where grandparents had raised child for period of time but agreeing with trial court that something more than childs best interest must be established to serve compelling state interest

Answer: (D)


Question: evidence suggesting that each of the hotel stays involved the same individual, (e.g., the perpetrator gave the same fictitious address and/or fictitious telephone number; tips on credit card vouchers were in such amounts that the totals rounded off to even dollar amounts, the perpetrator departed prior to the scheduled end of his stay without checking out). “Evidence of this kind may be sufficient alone to establish a perpetrator’s identity. See United States v. Milhollan, 599 F.2d 518, 524-25 (3d Cir.1979) (finding similar modus operandi evidence probative of identity); 2 Jack B. Wein-stein & Margaret A. Berger, Weinstein’s Evidence ¶ 404[16] (1992) (discussing "signature” evidence in context of Fed.R.Evid. 404(b)).” See also Featherstone v. Estelle, 948 F.2d 1497 (9th Cir.1991) (<HOLDING>). Evidence of individual modus operandi may be 
 Holding statements: (A) holding that admission of testimony which denominated appellants modus operandi in previously uncharged and charged crimes was not clearly erroneous (B) holding that rule 404b evidence is probative of intent only when the prior acts were part of the same scheme or involved a similar modus operandi as the present offense (C) holding that prior con victions are not related simply because the crimes used the same modus operandi were part of a crime spree or shared the same motive (D) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (E) holding other crimes evidence was properly admitted to establish modus operandi when the defendant attacked older women as they exited their garages in the same area of chicago

Answer: (A)


Question: skill, etc.) is to be applied liberally, general business experience unrelated to antitrust economics does not render a witness qualified to offer an opinion on complicated antitrust issues such as defining relevant markets. (B) Reliability of the Opinion The second prerequisite to admissibility is the reliability test embodied in Rule 702 and recently developed through Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and Kumho Tire Co. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999). In applying this rule, the Court acts as a gatekeeper to “ensure that any and all scientific testimony ... is not only relevant, but reliable.” Daubert, 509 U.S. at 588, 113 S.Ct. 2786; see Kumho, 526 U.S. at 141, 119 S.Ct. 1167 (<HOLDING>). Even if a witness is qualified to offer an 
 Holding statements: (A) holding historical cellsite analysis testimony about how cell phones and towers connect clearly based on scientific technical or specialized knowledge within the scope of rule 702 quoting fed r evid 701c (B) holding that daubert sought only to clarify the standard for evaluating scientific knowledge under rule 702 (C) recognizing under fre 702 that there is no clear line dividing testimony based on scientific knowledge from testimony based on technical or other specialized knowledge holding that a single flexible test for reliability applies to all expert testimony (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge  (E) holding that daubert applies not only to testimony based on scientific knowledge but also to testimony based on technical and other specialized knowledge

Answer:
(E)