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: Court procedures or under G.L.1956 16-19-1 and 16-19-6 as to the number of absences from school that were necessary to incur possible liability as a truant. However, the administrative order specifies a threshold number of ten days of absence before a child may be referred either to the Diversion Program or to the formal juvenile calendar. Indeed, administrative order 2010-2 states that "[t]he Intake Department may refer cases to the Truancy calendar if the petition: * * * [h]as at least 10 days of absences and/or states that a student is habitually late or absent from school." We are confident that a person of average intelligence need neither guess nor speculate about the number of absences that will result in a referral to the Truancy Diversion Program. See Moreau, 15 A.3d at 583 (<HOLDING>). Administrative order 2010-2 also details how
Holding statements: (A) holding that the statute defining drug paraphernalia and 564403cl were not unconstitutionally vague for want of certainty and definiteness because they give a person of ordinary intelligence notice that his contemplated conduct is forbidden (B) holding factor b is not unconstitutionally vague (C) holding that a statute is not unconstitutionally vague if it gives a person of ordinary intelligence a reasonable opportunity to know what is prohibited so that he may act accordingly (D) holding flag contempt statute unconstitutionally vague (E) holding that essentially equivalent is unconstitutionally vague

Answer: (C)

Question: challenge to the amount of refund awarded by DOE to a third-party claimant even though they failed to intervene while DOE was deciding the third-party claimant's award"). Persistent, the defendant analogizes the instant APA claim with that denied in Brooks v. Snow, 313 F.Supp.2d 654 (S.D.Tex.2004). There, the plaintiffs sought a declaration from the court that Treasury Regulation 26 C.F.R. 301.722-1 (listing the grounds authorizing the IRS to settle a tax case) was inconsistent with congressional intent, because the regulation omitted delays caused by the IRS in determining tax liability. Id. at 658-59. The court dismissed their complaint, explaining that they had not "allege[d] they ever submitted any offers-in-compromise and, therefore, they have not upp. 239, 255 (Ct.Cl. 1947) (<HOLDING>). Second, and most crucially, this plaintiff
Holding statements: (A) holding that a refund may include additional taxes paid after the filing of a refund claim so long as the total does not exceed the portion of tax paid prior to the administrative claim (B) holding under section 7422a that the district court lacked jurisdiction over a taxpayers refund claim because the taxpayer failed to file a refund claim before the statute of limitations had run (C) holding that because the amount of the debtors obligation to the government exceeded the amount of their income tax refund the refund did not become property of the estate and could not be exempted (D) holding that a taxpayer only has a refund right after the irs has credited the refund to other underpaid taxes therefore the refund was not part of the bankruptcy estate (E) holding that a subsequent refund request on reassessed taxes was unnecessary as the government already had notice of the plaintiffs claim

Answer: (E)

Question: 179 S.E.2d 315, 319 (1971) (quoting State v. Barefoot, 241 N.C. 650, 657, 86 S.E.2d 424, 429 (1955)). Therefore, "the appellate courts ordinarily will not review the exercise of the trial judge's discretion [regarding jury arguments] unless the impropriety of counsel's remarks is extreme and is clearly calculated to prejudice the jury in its deliberations." Johnson, 298 N.C. at 369, 259 S.E.2d at 761; see also Thompson, 278 N.C. at 283, 179 S.E.2d at 319 (stating "[i]t is only in extreme cases of the abuse of privilege by counsel, and when this is not checked by the court, and the jury is not properly cautioned, [the appellate courts] can intervene and grant a new trial." ). " 96 S.Ct. 3203, 49 L.Ed.2d 1205 (1976); State v. Jordan, 49 N.C. App. 561, 569, 272 S.E.2d 405, 410 (1980) (<HOLDING>). In fact, the existence of overwhelming
Holding statements: (A) holding that prosecutors statements regarding his opinion as to the truthfulness of a defense witness considering the evidence against the defendant did not reach the level of the grossly improper statements which would require the trial court to correct them ex mero motu (B) holding that where a defendant expressly manifested his belief in the truth of the statements contained in the motion to dismiss thereby adopting those statements as his own such statements are admissible against the defendant in the states case in chief (C) holding that statements to the jury made by the prosecutor asserting that a defense witness was lying was improper but considering all the facts and circumstances revealed in the record which showed overwhelming evidence against the defendant such statements did not constitute a prejudicial error (D) holding that the prosecutors argument attacking the integrity of defense counsel was of such gross impropriety as to justify ex mero mo tu correction however in light of the strong and convincing case against the defendant we could not hold that the prosecutrixs improper comments were sufficiently prejudicial as to require a new trial (E) holding that the trial court did not abuse its discretion by failing to intervene ex mero motu to prevent closing argument by the prosecutor that the defendant lied during his testimony

Answer:
(A)