instruction:
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.
question:
Cote's bias, Hayat alleges, first, that Cote made "several inappropriate racial and religious comments during deliberations." Hayat presented evidence from Jurors L. and B., as well as from Juror H. via an affidavit by Ha-yat's private investigator, that Cote made a "racial" comment during deliberations. B. declared that "[d]uring the deliberation process, ... Cote[ ] made the statement they all looked the same when wearing a costume or when put in a costume. I believe Mr. Cote made this statement in connection with a discussion of witness Naseem Khan's claim that he had seen Ayman al-Zawahiri in Lodi." Similarly, L. stated that "[djuring deliberations Mr. Cote made racial slurs. As an example, on one occasion ... he said in front of the entire group that they a 236-39 (10th Cir.2008) (<HOLDING>). Where, however, "a juror has been asked
Holding statements: (A) holding rule 16a1a does not include statements made by coconspirators even if those statements can be attributed to the defendant for purposes of the rule against hearsay (B) holding that rule 606b contains no exception for racially biased statements made during jury deliberations and expressing skepticism about whether constitutional concerns can ever override the rule (C) holding that federal rule of evidence 8034 the hearsay exception for statements made for medical diagnosis or treatment does not apply to statements made by doctors (D) recognizing rule (E) holding that the arkansas counterpart to cre 606b applies whether a verdict is reached or a mistrial declared and under the extraneous information exception allows jurors to testify about statements made during deliberations
answer:
(B)

question:
563 U.S. 421, 438, 131 S.Ct. 1866, 179 L.Ed.2d 843 (2011). Nonetheless, the District Court and the Plan have cited to the language in the Summary Plan Description ("SPD") as the language of the Plan. We, too, adopt this approach. See US Airways, Inc. v. McCutchen, 569 U.S. 88, 133 S.Ct. 1537, 1543 n.1, 185 L.Ed.2d 654 (2013) ("Because everyone in this case has treated the language from the summary description as though it came from the plan, we do so as well."). Moreover, insofar as McLaughlin and J.J.M. now contend that the SPD was not "designated a plan document" and so cannot control here, McLaughlin Reply Br. 1, we deem this argument forfeited because it is raised solely in the reply brief. See Laborers' Int'l Union of N. Am. v. Foster Wheeler Corp., 26 F.3d 375, 398 (3d Cir. 1994) (<HOLDING>). 4 . We have considered McLaughlin's and
Holding statements: (A) holding an argument not raised in opening brief is waived (B) holding that a party waives an argument that it raises in the background section of its brief but not in the argument section (C) holding argument waived for failure to raise it in opening brief (D) holding that argument not raised in opening brief is waived (E) holding that an argument is not preserved unless a party raises it in its opening brief
answer:
(E)

question:
that possession of the following depictions violates 1466A(b)(1): Prosecution Exhibits 26, 27, 28, 30, 34, 40, 54, 55, 77, 90, 106, 120, 121, 122, 123, 132, 143, 149, 154, 156, 157, 183, 184, 206, 277, 285, 316, 319, 326, and 335. 4 . Contrary to the military judge's special findings of Specification 3 of The Charge, we are not convinced beyond a reasonable doubt that possession of the depiction in Prosecution Exhibit 13 violates 1466A(b)(1). 5 . Appellant does not contend that 1466A(b)(1) is facially unconstitutional. This subsection is neither vague nor overbroad because it explicitly requires the offending material meet the Miller definition of constitutionally unprotected obscenity. See United States v. Williams, 553 U.S. 285, 293, 297, 128 S.Ct. 1830, 170 L.Ed.2d 650 (2008)
Holding statements: (A) holding that declaring statute facially unconstitutional deprives trial court of subjectmatter jurisdiction (B) holding that person challenging statute as facially vague must show that the challenged law is unconstitutional in every possible application (C) holding texas flagdesecration statute facially unconstitutional (D) holding section 61132b2c facially unconstitutional (E) holding that a statute whose definitions precisely track the material held constitutionally proscribable in ferber and miller was not facially unconstitutional
answer:
(E)