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: Milwaukee, St. Paul & Pacific R. Co., 318 U.S. 523, 550, 63 S.Ct. 727, 87 L.Ed. 959 (1943); In re Minges, 602 F.2d 38, 39, 44 (2d Cir.1979); Matter of Tilco, Inc., 558 F.2d 1369, 1372 (10th Cir.1977). Indeed, the First Circuit Court of Appeals has referred to the decision to reject or assume an executory contract as within the "discretion" of the trustee. Gulf Petroleum, S.A. v. Collazo, 316 F.2d 257, 260 (1st Cir.1963). It is to be noted that Collazo dealt with the rejection of an agreement for the sale of real estate. Although Collazo was decided prior to the enactment of the Bankruptcy Code, Congress has given no indication that the "business judgment test" should not continue to apply under the present Code. In re A.J. Lane & Co., Inc., 107 B.R. 435, 440 (Bankr.D.Mass.1989) (<HOLDING>). Consequently, in confronting the question of
Holding statements: (A) holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable (B) holding that the business judgment test applies to the determination of whether a trustee should be allowed to reject an executory contract for the sale of real estate under 365 (C) holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made (D) holding prospectively that a vendees interest in a real estate contract constitutes real estate within the meaning of the judgment lien statute (E) holding the real estate sale proceeds

SOLUTION: (B)

PROBLEM: to that extent. Reed, supra, at 17, 104 S.Ct. 2901. The holding in Cage represents a degree of novelty sufficient to constitute cause. As such, Mercer has established cause to avoid otherwise procedurally defaulting on his claim challenging the reasonable doubt instruction. Sufficient prejudice to establish federal habeas jurisdiction also exists. In particular, the Supreme Court has held that the Fifth Amendment requirement of proof beyond a reasonable doubt in criminal cases is so intertwined with the Sixth Amendment right to a jury verdict that a constitutionally deficient jury instruction cannot produce a guilty verdict comporting with due process but, rather, requires reversal of a conviction. Sullivan v. Louisiana, 508 U.S. 275, 277-80, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993) (<HOLDING>). It follows that a claimed Cage violation
Holding statements: (A) recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt (B) holding exclusion was harmless error (C) holding that when defendant properly objects to charge error reversal required unless error was harmless (D) holding that any error was harmless and thus not plain error (E) holding a cage violation could never be held harmless error and thus not amenable to harmless error review but rather required outright reversal

SOLUTION: (E)

PROBLEM: Buckley v. Merrill Lynch & Co. (In re DVI, Inc.), 2008 WL 4239120, 2008 Bankr.LEXIS 2338 (Bankr.D.Del. Sept. 16, 2008) ("Rule 8(a) requires a showing rather than a blanket assertion of an entitlement to relief. We caution that without some factual allegation in the complaint, a claimant cannot satisfy the requirement that he or she provide not only fair notice, but also the grounds on which the claim rests." (citations omitted)). 19 . Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. 20 . Id. at 681, 129 S.Ct. 1937 ("It is the con-clusory nature of [plaintiff's] allegations, rather than their extravagantly fanciful nature, that disentitles them to the presumption of truth."). 21 . Id. at 679, 129 S.Ct. 1937. 22 . Fowler, 578 F.3d at 210-11. See also Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (<HOLDING>); Iqbal, 556 U.S. at 678, 129 S.Ct. 1937
Holding statements: (A) holding that a court must take the complaints allegations as true no matter how incredulous the court may be (B) holding that underlying complaints filed by several plaintiffs all contained express allegations of property damage and that because all complaints arose from the same set of circumstances the allegations in any single complaint can be inferred in the other complaints (C) holding that when deciding a motion for judgment on the pleadings the court must construe the material allegations in the complaint in favor of the nonmoving party as true (D) recognizing that the allegations of the complaint must be accepted as true on a threshold motion to dismiss (E) holding that where the defendant was in default the district court correctly accepted the fact allegations of the complaint as true

SOLUTION:
(A)