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: any physician that described her as obese, much less gave an opinion that her weight imposed additional limitations upon her or exacerbated her other conditions. Therefore, even if Reynolds’ silence on the issue of obesity is not deemed to waive consideration of that issue, it does not appear that evidence existed regarding her obesity that the ALJ should have considered. The ALJ also did not err in assessing Reynolds’ credibility. An ALJ is in the best position to observe witnesses’ de meanor and to make an appropriate evaluation as to their credibility. Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 531 (6th Cir.1997). Therefore, an ALJ’s credibility assessment will not be disturbed “absent compelling reason.” Smith v. Halter, 307 F.3d 377, 379 (6th Cir.2001); Walters, 127 F.3d at 531 (<HOLDING>). In making a credibility determination, Social 
 Holding statements: (A) holding that agency interpretation which is reasonable is entitled to deference (B) holding that the courts conclusion that transfer was appropriate is to be accorded great deference (C) holding that the district courts credibility assessments are entitled to deference and reviewed for clear error (D) recognizing aljs credibility assessment is entitled to great weight and deference (E) holding that an unambiguous plea agreement is entitled to great evidentiary weight

Answer: (D)


Question: adopted by this court. Atel Fin. Corp. v. Quaker Coal Co., 321 F.3d 924, 926 (9th Cir.2003). On this record, the district court did not err when it determined that Roberts had not offered evidence that the monitor was defective. Roberts presented only circumstantial evidence that the monitor was defective. Nevada courts have never directly held that circumstantial evidence is sufficient to prove a defect, yet some Nevada cases have relied on circumstantial evidence to establish the existence of a defect. See Van Duzer v. Shoshone Coca Cola Bottling Co., 103 Nev. 383, 741 P.2d 811, 812-14 (1987) (finding that a bottle was unreasonably dangerous and defective based on supermarket customer’s testimony); Stackiewicz v. Nissan Motor Corp. in U.S.A., 100 Nev. 443, 686 P.2d 925, 928 (1984) (<HOLDING>). In this case, even if circumstantial evidence 
 Holding statements: (A) holding that it was not an abuse of discretion for district court to allow a mechanical engineer to give expert testimony about a machine with which the engineer had no design experience (B) holding that drivers and witnesses testimony about car steering malfunction could be proof of defect without establishing the mechanical cause of the malfunction (C) holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial (D) holding that a district court was entitled to accept or reject testimony on the basis of the witnesses demeanor and candor or lack thereof and contradictions in the witnesses testimony (E) holding that a cause of action does not arise in negligence when a product malfunctions or is defective and the malfunction or defect results in damage only to the product itself and produces only economic loss

Answer: (B)


Question: See Ernst, 427 F.3d at 359-60. The State of Tennessee has represented to the court that it is the “real party in interest,” that “[a]ny judgment entered against [DHS] would ultimately be paid by the State of Tennessee,” and that DDS is not legally distinct from DHS. (Docket No. 15 at 1.) The plaintiff has made no argument to the contrary. The second factor supports a finding of immunity because the operation of DHS is controlled by the state. See Ernst, 427 F.3d at 360. DHS was created by the state legislature, see Giorgio, 1996 WL 447656, *1 (citing Tenn.Code Ann. § 4-3-1201), and DHS is identified by the Tennessee Code, the courts of the State of Tennessee, and Tennessee’s executive branch as an executive administrative agency of the state of Tennessee, see Tenn. Code Ann. § 4-3-101 (<HOLDING>); Gallaher v. Elam, 104 S.W.3d 455, 464-65 
 Holding statements: (A) recognizing dhs as one of the states twentyfour executive administrative agencies (B) holding that state agencies are treated as states under the eleventh amendment (C) recognizing that administrative agencies are not bound by rules of evidence (D) recognizing that administrative agencies lack to power to consider or determine constitutional issues (E) holding that state attorney general as member of executive department may assert claim of executive privilege

Answer:
(A)