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: 199 F.3d at 248 n. 6. Moreover, when the plaintiff declares the sufficiency of his pleadings and makes no attempt to amend his complaint in response to the defendant's challenge pursuant to Rule 12(b)(6), dismissal is proper when the plaintiffs allegations fail to state a claim for which relief can be granted. See Spiller v. City of Texas City, 130 F.3d 162, 167 (5th Cir.1997). In addition, a plaintiff should not be granted leave to amend after being afforded repeated opportunities to do so. See Wilkins, 173 F.Supp.2d at 614; accord United States ex rel. Adrian v. Regents of the Univ. of Cal., 363 F.3d 398, 404 (5th Cir.2004) (noting that "pleading review is not a game where the plaintiff is permitted to file serial amendments until he finally gets it right"); Willard, 336 F.3d at 387 (<HOLDING>). Furthermore, "where a proposed amendment
Holding statements: (A) holding leave to amend was properly denied where the relator had previously filed two amended complaints (B) holding that dismissal with leave to amend should be granted even if no request to amend was made (C) holding district court properly denied leave to amend where application was four months late and appeared to be futile (D) holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court (E) holding that the trial court properly refused to consider allegations in the disallowed amended complaints

SOLUTION: (A)

PROBLEM: if the absence of sufficient evidence to the contrary ..."); Douglas by Kelly v. Bd. of Edu., 127 Ill.App.3d 79, 82 Ill.Dec. 211, 468 N.E.2d 473, 476 (1984) (finding that where a school's window pane fell on plaintiff while she was sitting at her desk, plaintiff was entitled to a directed verdict based on res ipsa loqui-tur); Moore v. Atchison, 28 Ill.App.2d 340, 171 N.E.2d 393 (1960) (finding that directed verdict for the plaintiff was proper where there was no direct evidence as to why two trains collided, even though the defendant showed that the equipment was properly inspected and in excellent working order, because the circumstances made the inference of negligence so strong that reasonable men could not reject it); Silvern v. Barbagallo, 195 N.Y.S.2d 32 (N.Y.Sup.Ct.1959) (<HOLDING>); Richard Equipment Corp. v. Manhattan Indus.
Holding statements: (A) holding that the injured passenger of a cab was entitled to summary judgment against the driver because the prima facie proof is so convincing that the inference of negligence is inescapable (B) holding the standard of proof in summary judgment rulings is the same as it would be at trial (C) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (D) holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case (E) holding that a prima facie case is subject to independent review

SOLUTION: (A)

PROBLEM: You know that Kenny Mohammed told you the truth from all of the evidence in this case. The evidence in this case corroborates what Kenny Mohammed told you from that stand. The prosecutor then proceeded to summarize that corroborating evidence, discussing the recordings of Mohammed receiving and making calls before the transactions, the testimony of agents who witnessed the wine-colored Corolla and Mohammed's movements at both transactions, the expert testimony of Agent Coleman regarding the typical structure of these drug transactions, and the evasive moves made by Johnson in the wine-colored Corolla. Thus, the prosecutor properly argued that the evidence compelled the conclusion that Mohammed complied with his immunity agreement by testifying truthfully. See Clarke, 227 F.3d at 885 (<HOLDING>). Finally, Johnson challenges the prosecutor's
Holding statements: (A) holding witnesss prior consistent statement admissible where defense counsel implied in his opening statement that witness should not be believed because of the favorable consideration he received from the government in his plea bargaining agreement (B) holding that a rule 41e claimant relinquished any possessory claim he had to the property when he signed a forfeiture agreement at the time he entered into a plea bargain (C) holding that under subsection al as then written the defendant had no right to appeal whether his sentence was supported by evidence presented because he entered into a plea agreement as to the sentence (D) holding that a merger clause normally prevents a criminal defendant who has entered into a plea agreement from asserting that the government made oral promises to him not contained in the plea agreement itself (E) holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement

SOLUTION:
(E)