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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: testimony, which included not just the cooperators but also the undercover agent, the government also played for the jury the taped conversations from the wiretap. In a number of these conversations, Herrera specifically discussed the drug quantities involved. Furthermore, this case does not present a situation such as the one the Supreme Court considered in Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946), where a conviction was overturned because there was too great a risk of evidentiary spillover, in part because there were thirty-two named participants and eight separate conspiracies. In the present matter there were only six named participants, two conspiracies and two defendants on trial. See United States v. Edwards, 69 F.3d 419, 433 (10th Cir.1995) (<HOLDING>). Given the strength of this evidence for
Holding statements: (A) holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant (B) holding that only one offense should have been charged when four separate packages of the same drug were found (C) recognizing the two different types of conspiracies under the federal statute (D) holding that the conviction should be upheld because there was no prejudice to the defendant even though the defendant had been charged with one conspiracy and the proof at trial showed two separate conspiracies (E) holding that the jury would have no problem separating the actions of the individual defendants where there were only four defendants and two separate conspiracies

SOLUTION: holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant

PROBLEM: 397 So.2d 874, 874-75 (Miss.1981)). However, in McArn v. Allied Bruce-Terminix Co., Inc., 626 So.2d 603 (Miss.1993), the Mississippi Supreme Court carved out "a narrow public policy exception" to the employment-at-will doctrine, holding that regardless of whether the employment is at-will, (1) an employee who refuses to participate in an illegal act as in Laws [v. Aetna Finance Co., 667 F.Supp. 342 (N.D.Miss.1987) ], shall not be barred by the common law rule of employment at will from bringing an action in tort for damages against his employer; (2) an employee who is discharged for reporting illegal acts of his employer to the employer or anyone else is not barred by the employmen ming Wheeler); Hammons v. Fleetwood Homes of Mississippi, Inc., 907 So.2d 357, 360 (Miss.Ct.App.2004) (<HOLDING>). As plaintiffs have presented no evidence to
Holding statements: (A) holding the mcarn exception requirefs that the acts complained of warrant the imposition of criminal penalties as opposed to mere civil penalties (B) recognizing district courts discretion in assessing civil penalties under 21 usc 842c (C) holding that a claim for civil damages based on alleged violation of criminal statute under which criminal penalties result was properly dismissed because criminal violations are brought not in the name of the individual party but rather by and on behalf of the state of ohio or its subdivisions (D) holding that a judgment that requires the performance of an act is enforceable by civil and criminal contempt penalties emphasis omitted (E) holding double jeopardy clause applicable to civil penalties under the false claims act

SOLUTION: recognizing district courts discretion in assessing civil penalties under 21 usc 842c

PROBLEM: It is axiomatic, however, that states act through their officials and agencies. Thus, under Will, those state agencies and other political subdivisions which carry out the state's business and have immunity from lawsuits under the Eleventh Amendment constitute "arms of the state." Pursuant to Will, such entities would not be considered persons under 1983. Those political subdivisions which are not provided immunity under the Eleventh Amendment, do not rise to the level of "arms of the state" and would, under Will, be considered to be persons for the purposes of 1983. See Barket, Levy & Fine v. St. Louis Thermal Energy Corp., 948 F.2d 1084, 1086-88 (8th Cir.1991) (bi-state agency is a "person" under 1983); Magula v. Broward Gen. Medical Ctr., 742 F.Supp. 645, 649 (S.D.Fla.1990) (<HOLDING>). Since the Will decision was handed down, a
Holding statements: (A) holding that a county is not an arm of the state for purposes of the eleventh amendment (B) holding that an ohio school district is more like a county or city than it is like an arm of the state and therefore it is not entitled to assert eleventh amendment immunity from suit (C) holding that the anne arundel board of education is an arm of the state for purposes of eleventh amendment immunity (D) holding that the puc is not an arm of the state and rejecting claim of immunity (E) holding that because hospital district is more like a municipality than an arm of the state hospital district did not have eleventh amendment immunity

SOLUTION:
holding that a county is not an arm of the state for purposes of the eleventh amendment