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: evidence showing that the defendants used the mark selectively or that they failed to use it pervasively in all their commercial dealings, even if these dealings were low in volume. Furthermore, though the Allard Court granted ownership rights to the defendants based only on oral testimony of various "solicitations" and insubstantial documentary evidence of prior use, the Court noted that there was also good evidence of widespread public recognition of the defendants' use of the service mark. Evidence of public recognition is only necessary in cases requiring proof of secondary meaning, but such evidence may be probative of a party's actual use of a mark in cases where secondary meaning is not required. See id.; see also Florida v. Real Juices, Inc., 330 F.Supp. 428, 431 (M.D.Fla.1971) (<HOLDING>). Public recognition is probative of a party's
Holding statements: (A) holding that the burden is on the plaintiff (B) holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff (C) holding that the plaintiff established a right to a slogan based on evidence of public recognition of its use by the plaintiff (D) holding that a plaintiff had established a primafacie failuretohire case notwithstanding evidence that the position sought by the plaintiff was ultimately filled with a person of the same race as the plaintiff (E) holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by recognition by public authority or by its maintainance sic

Answer: (C)

Question: remedy which is neither inadequate nor ineffective to test the legality of a person's detention." Swain v. Pressley, 430 U.S. 372, 381, 97 S.Ct. 1224, 51 L.Ed.2d 411 (1977); see also St 06 (11th Cir.2006) (per curiam) (same). Whether RIDA created an adequate substitute for habeas corpus for those aliens to whom a petition for review is available, however, is different from whether RIDA created any adequate substitute for those aliens for whom it is no longer available. Unlike in previous cases where we have upheld RIDA against Suspension Clause challenges, Singh never had the ability to obtain judicial review of the merits of his removal through a petition for review filed within 30 days of his removal order. Cf. Puri, 464 F.3d at 1043; Iasu v. Smith, 511 F.3d 881, 888 (9th Cir.2007) (<HOLDING>). By the time RIDA created jurisdiction in this
Holding statements: (A) holding that federal habeas corpus relief does not lie for errors of state law (B) holding that threeyear statute of limitations was not an unconstitutional suspension of the writ of habeas corpus (C) holding that 109g2 does not apply when the creditor seeking relief in the first case received the requested relief (D) holding that a rule 60b motion that presents grounds entitling a petitioner to habeas corpus relief or seeks to add a new ground for relief requires authorization (E) holding that ridas elimination of habeas corpus does not violate the suspension clause where the petitioner had a means for seeking relief direct review and simply failed to pursue the relief that the statutory scheme allows

Answer: (E)

Question: that pursuit of the theory would have opened the door to the fact that Overton was a suspect in many unsolved crimes, which Overton's counsel attempted to avoid as evidenced by the motion in limine they filed. The claim was facially invalid. Similarly, other paragraphs which assert that counsel improperly failed to impeach Detective Visco with Overton's statements from the Rachelle Surrett homicide investigation were also properly summarily denied because this would have opened the door to the fact that Overton was a suspect in the unsolved crime involving Surrett. Denial of Claim III, which alleged that the State committed a Brady violation by not providing notes from police profiler brainstorming sessions and documentation of th that this type of claim is without merit. See id. (<HOLDING>). Claim IX, which alleged ineffectiveness
Holding statements: (A) holding that the claim of not being able to interview jurors is without merit when the goal is to be able to conduct fishing expedition interviews with jurors after they return a guilty verdict (B) holding that trial court abused its discretion in failing to make a proper inquiry of jurors andor failing to strike jurors for cause after jurors explicitly expressed bias (C) holding that one jurors exposure to extraneous information concerning prior criminal acts of the defendant which she did not disclose to the other jurors before they rendered a verdict did not merit a new trial (D) holding that the defendant was not prejudiced when the jurors saw him being searched where the jurors themselves had been frisked (E) holding that the claim of not being able to interview jurors was procedurally barred because the claim should and could have been raised on direct appeal

Answer:
(A)