user: 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: Court’s finding that Porter was not an independent trustee was not due to confusion regarding the proper role of trustees and agents in a corporate trust, as Sparkman contends. Rather, the Tax Court found that “she had no meaningful role” whatsoever. That Porter testified otherwise does not, in itself, establish that the Tax Court committed clear error. The Tax Court, describing Porter’s testimony as “vague, contrived, and non-credible,” plainly did not believe her, and “the Tax Court, like any other court, ‘may disregard uncontradicted testimony by a taxpayer where it finds that testimony lacking in credibility.’ ” Conti v. Comm’r, 39 F.3d 658, 664 (6th Cir.1994) (quoting Lerch v. Comm’r, 877 F.2d 624, 631 (7th Cir.1994)); see also Demkowicz v. Comm’r, 551 F.2d 929, 931 (3d Cir.1977) (<HOLDING>); Wood v. Comm’r, 338 F.2d 602, 605 (9th 
 Holding statements: (A) holding that an immigration judge may base a credibility determination on the lack of corroborating evidence if the judge also encounters inconsistencies in testimony contradictory evidence or inherently improbable testimony (B) holding that where testimony is inherently improbable the court may choose to disregard it (C) holding that a court is not bound to accept testimony at face value even when it is uncontroverted if it is improbable unreasonable or questionable internal citation omitted (D) holding that a party is not bound by the testimony of a witness it calls (E) holding the tax court not bound to accept taxpayers uncontradicted testimony if it found the testimony to be improbable unreasonable or questionable

Answer: (E)


Question: February 8, 2011 probation extension order failed to extend his probation period because the October 26, 2005 restitution order was improperly delegated to the probation officer, rather than determined by the circuit court as required by Code § 19.2-305.1(D), thus any subsequent order is invalid. In relevant part, Code § 19.2-305.1(D) states that “[a]t the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof.” The amount of restitution to be paid by the defendant is within the sole province of the circuit court to determine and that determination may not be delegated to another department of government. See Code § 19.2-305.2; see also McCullough v. Commonwealth, 38 Va.App. 811, 815, 568 S.E.2d 449, 451 (2002) (<HOLDING>). In this case, the circuit court’s October 26, 
 Holding statements: (A) holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing (B) holding part of the sentencing phase of trial the restitution amount is determined following conviction and is a matter resting within the sole province of the sentencing judge (C) holding that the hearsay rule is not suspended in the sentencing phase (D) holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount (E) holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses

Answer: (B)


Question: Union, Local 535, Serv. Emps. Int'l Union, AFL-CIO v. Cnty. of Santa Clara, 609 F.2d 944, 949 (9th Cir.1979). The Court considers Defendants’ arguments with respect to Edwards and her counsel separately. a. The Adequacy of Edwards as Named Plaintiff Defendants’ argument that Edwards is inadequate is primarily based on Edwards’s testimony in an unrelated bankruptcy proceeding. Rule 23(a)(4) requires that “the representative parties fairly and adequately protect the interests of the class.” Fed.R.Civ.P. 23(a)(4). This requirement ensures that the named plaintiff and his or her counsel will pursue each class member’s claim with sufficient “vigor.” Hanlon v. Chrysler Corp., 150 F.3d 1011, 1021 (9th Cir.1998); see also Crawford v. Honig, 37 F.3d 485, 487 (9th Cir.1994) (citations omitted) (<HOLDING>). As previously stated by this Court, however, 
 Holding statements: (A) holding that a class representatives ignorance of the case is not a bar to certification unless it impairs the representatives ability to vigorously prosecute the action (B) holding that the fair and adequate representation requirement was not satisfied because of litigation between plaintiff and defendant the antagonism between the parties and the lack of support plaintiff garnered in its claim (C) holding that ajdequate representation depends on the qualifications of counsel for the representatives an absence of antagonism a sharing of interests between representatives and absentees and the unlikelihood that the suit is collusive (D) recognizing that the number of class representatives is not significant under rule 23a (E) holding that awards of 2500 to majority of representatives and 5000 to deposed representatives were inappropriate where representatives had borne little risk by participating in litigation and provided services that could have been provided by any other class member

Answer:

assistant: (C)