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: IV, V, VI and XIV. See Answee, Docket # 8, Exh. A, pp. 13-14. In order to allow the state courts the opportunity to act on or correct the violations alleged, the Applicant must do more than just invoke the magic words "fair trial," or "due process," or make only cursory citation to the appropriate constitutional amendments. He must provide legal theory explaining how the admission of the statements or testimony violated these particular federal constitutional rights. See, e.g., Anderson v. Harless, 459 U.S. 4, 7-8, 103 S.Ct. 276, 74 L.Ed.2d 3 (1982) (claim on direct appeal that jury instruction was reversible error did not fairly present due process challenge to instruction for habeas exhaustion purposes); Picard v. Connor, 404 U.S. 270, 276-77, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971) (<HOLDING>); see, also, Thomas v. Gibson, 218 F.3d 1213,
Holding statements: (A) holding in preaedpa case habeas applicant failed to fairly present federal claim to state court where despite presenting all necessary facts applicant failed to assert specific argument that he later tried to raise in federal court (B) holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court (C) holding that habeas petitioner scheduled to be executed in the state of virginia for capital murder could not raise claim of violation of his rights under the vienna convention on federal habeas review where he failed to preserve the claim by raising it in state court proceedings vienna convention does not trump subsequent federal statute requiring habeas petitioners who claim to be held in violation of treaties of the united states to develop factual bases for their claims in state court as a precondition of federal habeas review (D) holding applicants general state court claim was insufficient to exhaust his later more specific federal habeas claim (E) holding that a federal court may deny an unexhausted habeas petition on the merits when it is perfectly clear that the applicant does not raise even a colorable federal claim

SOLUTION: (A)

PROBLEM: v. New York Stock Exchange, 373 U.S. 341, 357, 83 S.Ct. 1246, 1257, 10 L.Ed.2d 389 (1963). At the outset, we consider the effect of TAPAA's introductory paragraph. Section 1653(c)(1) prescribes that, "Notwithstanding the provisions of any other law," the owner of a vessel carrying trans-Alaska oil and the Fund "shall be strictly liable without regard to fault in accordance with the provisions of this subsection...." 43 U.S.C. 1653(c)(1). Section 1653(c)(1) is the general statement of liability, and as such it introduces the subsequent subsections which contain TAPAA's operational details. While some courts have found "notwithstanding" phrases to preempt explicitly the application of other laws, see, e.g., Complaint of Hokkaido Fisheries Co., Ltd., 506 F.Supp. 631, 634 (D.Alaska 1981) (<HOLDING>), we do not find the phrase dispositive in this
Holding statements: (A) holding that denial of permit under section 404 of the clean water act was a taking (B) holding that district courts are without jurisdiction to review preenforcement orders issued under the clean water act (C) holding that adequate notice is a mandatory precondition of a clean water act citizen suit (D) holding that the limitation act does not apply to claims brought under the clean water act (E) holding that similar notwithstanding language in the clean water act preempted application of limitation act to limit owners liability for cleanup costs

SOLUTION: (E)

PROBLEM: 487 U.S. 1, 11-14, 108 S.Ct. 2225, 101 L.Ed.2d 1 (1988) (considering a facial challenge to the New York Human Rights Law, which forbade discrimination based on race and other factors). And in Taxpayers for Vincent, the Supreme Court considered a challenge to the constitutionality of a Los Angeles sign ordinance. Noting that the challenging party had not argued that the ordinance could never be validly applied, the Court characterized the attack on the ordinance as "a challenge to the ordinance as applied to [appellees'] activities" and limited its analysis to whether the ordinance was unconstitutional as applied. 466 U.S. at 802, 104 S.Ct. 2118. This court has also found laws unconstitutional as applied, but not facially. See, e.g., State v. Grossman, 636 N.W.2d 545, 551 (Minn.2001) (<HOLDING>); McDonnell v. Comm'r of Pub. Safety, 473
Holding statements: (A) holding 1130 to be unconstitutional as applied to the plaintiff (B) holding minnesotas patterned sex offender senfence enhancement statute unconstitutional as applied to one defendant and noting our doubts as to whether the statute could ever be constitutionally applied (C) holding that the death penalty is unconstitutional as applied to juvenile defendants (D) holding that the defendant could not be sentenced under the patterned sex offender statute if his offense occurred before the statute became effective (E) holding that the statute as applied violates the commerce clause

SOLUTION:
(B)