TASK DEFINITION: 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.
PROBLEM: (citing Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962)). "The fundamental characteristic of a nonjusticiable 'political question' is that its adjudication would place a court in conflict with a coequal branch of government." SCPIF, 369 S.C. at 142-43, 632 S.E.2d at 278 (citing U.S. v. Munoz-Flores, 495 U.S. 385, 393-94, 110 S.Ct. 1964, 109 L.Ed.2d 384 (1990)). Therefore, the courts will not rule on questions that are exclusively or predominantly political in nature rather than judicial. SCPIF, 369 S.C. at 143, 632 S.E.2d at 278 (citing Chicago & S. Air Lines v. Waterman S.S. Corp., 333 U.S. 103, 111, 68 S.Ct. 431, 92 L.Ed. 568 (1948)). This Court, specifically, has declined to opine on issues where the constitution delegates authority to the Legislature. See SCPIF (<HOLDING>); cf. Stone v. Leatherman, 343 S.C. 484, 541
Holding statements: (A) holding that party that failed to object to instruction that jury not answer a question based on its answer to the prior question waived that partys right to have the jury make findings as to the subsequent question (B) holding in answer to the single question of whether power has been lawfully vested that municipal court clerks may issue warrants (C) holding that a challenge to the proper weight of the evidence is a question of fact outside this courts jurisdiction (D) holding the question of whether the jmsc properly determined residence of judicial candidate or gave proper weight to concerns regarding residency presented a nonjusticiable political question the court should decline to answer because the power to determine if a person is qualified to hold judicial office is vested with the legislature by the state constitution (E) holding the question of whether an accomplice is credible and the weight to be given to the testimony are issues for the jury to determine

SOLUTION: (D)

PROBLEM: not impliedly preempt the field of law related to the price, route, and service of motor carriers of property, and does not impliedly preempt by conflict her state-law claims. As stated above, in Kelley the Tenth Circuit Court of Appeals concluded that 14501(c) preempts the field of law regarding price, route, and service of motor carriers of property. See Kelley, 69 F.3d at 1509-10 ("Here, Congress has clearly chosen ... to preempt the entire field of price, service, and route regulation of intrastate motor carrier activities."). Furthermore, other federal courts have held that 14501(c)(1) expressly preempts state tort claims relating to price, route, or service against motor carriers of property. See, e.g., Data Mfg., Inc. v. United Parcel Serv., Inc., 557 F.3d 849 (8th Cir.2009) (<HOLDING>); Deerskin Trading Post, Inc. v. United Parcel
Holding statements: (A) holding plaintiffs statelaw claims alleging common law misrepresentation and statutory misrepresentation under the texas insurance code art 2121 not preempted because they were not dependent on the right to recover benefits under the erisa plan (B) holding fraudulent representations to the fda could not sustain statelaw claims (C) holding that 14501c1 preempted statelaw claims of fraudulent and negligent misrepresentation and money had and received related to billing practices of motor carrier of property (D) holding negligent misrepresentation sufficient (E) holding misrepresentation claim to be preempted

SOLUTION: (C)

PROBLEM: scheme, an Oklahoma capital sentencing jury's finding of any particular aggravating circumstance does not of itself "convict" a defendant and require the death penalty, and its failure to find any particular aggravating circumstance does not "acquit" a defendant and preclude the death penalty. 20 . The dissent acknowledges that Hogan can prevail only if this Court declines to follow Poland. 21 . The dissent misconstrues our holdings in Crawford v. State, 1992 OK CR 62, 840 P.2d 627, 640-41, Cheney v. State, 1995 OK CR 72, 909 P.2d 74, and Perry v. State, 1995 OK CR 20, 893 P.2d 521, 533-37, and misunderstands the Satta-zahn distinction between a jury's non-finding of an aggravating circumstance and an acquittal on the merits of murder plus aggravating circumstances th 556 (2002) (<HOLDING>). Hogan's aggravators were tried to a jury, not
Holding statements: (A) holding that if the existence of any fact increases the maximum punishment that may be imposed on a defendant that fact constitutes an element that must be found by a jury beyond a reasonable doubt (B) holding that if the imposition of the death penalty depends on the existence of aggravating factors a jury must find those factors beyond a reasonable doubt (C) holding that under the sixth amendment any fact which increases the penalty for a crime eg by triggering a mandatory minimum sentence must be found by the jury beyond a reasonable doubt (D) holding that sixth amendment requires that a jury not a judge find the existence of any aggravating circumstance and that they be found beyond a reasonable doubt (E) holding that a sentencing judge sitting without a jury may not find an aggravating circumstance necessary for imposition of the death penalty

SOLUTION:
(D)