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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: 593, 598 (4th Cir.), cert. denied, — U.S. -, 117 S.Ct. 1, 135 L.Ed.2d 1098 (1996), and of mixed questions of law and fact, see Miller v. Fenton, 474 U.S. 104, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985). However, the state court’s factual findings underlying those determinations are presumed to be correct and binding, as long as they were made after a full, fair, and adequate hearing on the merits. See 28 U.S.C.A. § 2254(d) (West 1994) (pre-AED-PA); see also Sumner v. Mata, 449 U.S. 539, 546-47, 101 S.Ct. 764, 768-69, 66 L.Ed.2d 722 (1981). The habeas petitioner bears the burden of es ing that the findings of the trial court on discriminatory intent in Batson challenge are reviewed for clear error); Dayton Bd. of Educ. v. Brinkman, 443 U.S. 526, 534, 99 S.Ct. 2971, 2977, 61 L.Ed.2d 720 (1979) (<HOLDING>); Jones v. Plaster, 57 F.3d 417, 421 (4th 
 Holding statements: (A) holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard (B) holding that the question of causation in a prima facie case of retaliation brought under general statutes  46a60 is factual in nature and thereby subject to the clearly erroneous standard of review (C) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (D) holding that pretext is subject to the clearly erroneous standard (E) holding that a finding of accommodation is reviewed under the clearly erroneous standard of review instead of under a de novo standard

Answer: holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard


Question: unlawful harm under that public policy may include actions that violate recognized and accepted standards of conduct, such as applicable codes of ethics. The critical question in this case is whether under all of the surrounding circumstances MacDougall’s termination by Weiehert violated that clear mandate of public policy and was in retaliation for either his vote on the municipal parking ban ordinance or his refusal to change the ordinance. At the outset, we recognize that conduct that is directed against constitutionally-protected activity may violate a clear mandate of public policy, even though it may not offend any other statutory or legal standard. Supra at 390, 393, 677 A.2d at 167, 168. Compare Shovelin v. Central New Mexico Elec. Coop., Inc., 115 N.M. 293, 850 P.2d 996 (1993) (<HOLDING>) with Novosel v. Nationwide Ins. Co., 721 F.2d 
 Holding statements: (A) holding that employees retaliatory discharge based on employees election to public office did not violate public policy (B) recognizing public policy limits on employer discretion in discharging employees (C) holding public employees conduct and expression in internal investigation of employees at county prosecutors office to expose potential wrongdoing constituted matter of public concern (D) recognizing retaliatory discharge claim where employer prevented employees exercise of workers compensation rights because of employees intention to file claim (E) holding that the discharge of an employee hospitalized for illness did not violate public policy

Answer: recognizing public policy limits on employer discretion in discharging employees


Question: issue in controversy.” Fidelity, 48 F.3d at 133. Moreover, in vigorously opposing Hildebrand’s claims in this suit, Lewis is undoubtedly “aligned against” Hildebrand and defending “a course of conduct” which Hildebrand attacks. Smith, 354 U.S. at 95, 77 S.Ct. 1112. This, in turn, compels the conclusion that Iron Works is properly aligned as a defendant, as initially pled in the complaint. Accordingly, because Hildebrand and Iron Works are both Virginia citizens, Lewis’ motion to dismiss for lack of subject matter jurisdiction must be granted. This conclusion in no way impairs Hildebrand’s right to seek vindication of any of her asserted Virginia corporate rights in the appropriate state forum. An appropriate Order will issue. 1 . See DeBauche v. Trani, 191 F.3d 499, 505 (4th Cir.1999) (<HOLDING>) (citing Conley v. Gibson, 355 U.S. 41, 47-48, 
 Holding statements: (A) holding that where the defendant was in default the district court correctly accepted the fact allegations of the complaint as true (B) recognizing that the allegations of the complaint must be accepted as true on a threshold motion to dismiss (C) holding that when deciding a motion for judgment on the pleadings the court must construe the material allegations in the complaint in favor of the nonmoving party as true (D) holding that for purposes of a class certification motion the court must accept as true all factual allegations in the complaint and may draw reasonable inferences therefrom (E) holding that for the purposes of deciding a motion to dismiss courts take allegations as true unless contradicted by  documentary evidence  from the exhibits attached to the complaint

Answer:
holding that where the defendant was in default the district court correctly accepted the fact allegations of the complaint as true