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.

Input: Consider Input: and, therefore, uninformed. We cannot agree. There is no statement of personal knowledge by the executrix stating whether Burnett consulted with legal counsel prior to executing the CSA or Guaranty. Plaintiff certified JTB, Inc. defaulted under the CSA and provided the documents supporting entry of judgment against it. JTB, Inc. never challenged the action or the relief sought. Proof of the Guaranty and its execution by Burnett was also provided to support judgment under the cognovit provision. Moreover, the Guaranty is clearly written and its waiver provisions are boldly identified, as is the confession of judgment clause. Importantly, plaintiffs action was based on the Guaranty, not the terms of its CSA with JTB, Inc. See Tam Enters., supra, 369 N.J.Super. at 59, 848 A.2d 27 (<HOLDING>). Further, the provision contains a succinct 
 Holding statements: (A) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment (B) holding a guarantee of a note that contains a cognovit provision alone is insufficient to permit confession of judgment against the guarantors (C) holding that notice of judgment was insufficient (D) holding that a confessed judgment was not enforceable against a corporate president who individually guaranteed payment of corporate note signed by him in his capacity as president and which authorized confession of judgment (E) holding that adverse inference alone insufficient to support a motion for summary judgment

Output: (B)


Input: Consider Input: The State, by contrast, argues that because the court’s summary denial of Pinholster’s claim was an adjudication on the merits, we apply the usual deference required by AEDPA. Under our precedent, the California Supreme Court’s denial of Pinholster’s petition for writ of habeas corpus “on the substantive ground that it is without merit,” Pinholster II, 525 F.3d at 754, constitutes a decision on the merits of his federal claim. See Hunter v. Aispuro, 982 F.2d 344, 347-48 (9th Cir.1992) (noting that “the California Supreme Court’s denial of a habeas petition without comment or citation constituted a decision on the merits of the federal claims” (citing Harris v. Superior Court, 500 F.2d 1124, 1127-29 (9th Cir. 1974) (en banc))); Gaston v. Palmer, 417 F.3d 1030, 1038 (9th Cir.2005) (<HOLDING>). The Supreme Court has not addressed the 
 Holding statements: (A) 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 (B) holding that we must first determine our jurisdiction before proceeding to the merits of the appeal (C) holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred (D) recognizing that we construe postcard denials such as these to be decisions on the merits citing hunter 982 f2d at 348 (E) recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court

Output: (D)


Input: Consider Input: was unavailable in the state court.” Id. at 72. HSBC also cites several cases where federal courts have applied res judicata in this context. However, in each of these cases the state court upheld a dismissal of the plaintiffs claim. See, e.g., Day, 656 F.Supp.2d 331; Kremer, 456 U.S. 461, 102 S.Ct. 1883, 72 L.Ed.2d 262. Because the respective state courts granted the plaintiffs no relief, there could be no issue as to the ability of the state court to grant full relief; they are, accordingly, immaterial. 2. Subject Matter Jurisdiction HSBC argues that this Court does not have subject matter jurisdiction over an action for attorney’s fees only. Section 2000e — 5(f)(3), the statutory provision granting subject matter jurisdiction to federal district courts over actions bro h Cir.1985) (<HOLDING>), Lewis v. Ames Dept. Stores, Inc., No. 3:97 
 Holding statements: (A) holding that because plaintiff no longer has available administrative remedies his action must be dismissed with prejudice (B) recognizing that exhaustion of state administrative remedies is not a prerequisite to bringing a  1983 action (C) holding that state court judgment affirming an administrative decision did not bar a subsequent federal action for additional relief because of national policy that title vii remedies be available to supplement state remedies for employment discrimination (D) holding that if adequate administrative remedies are available it is improper to seek relief in court before those remedies are exhausted (E) holding that federal law governs remedies available under title ix


Output: (C)