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: speech." The categorical distinction is particularly difficult to apply to statutes that proscribe threats. Generally, threats involve words, or "speech." Moreover, in the R.A.V. case itself, the Court implicitly suggested that threats did not fall within its exception for statutes "directed at conduct." See R.A.V., U.S. at --, 112 S.Ct. at 2546 (describing 18 U.S.C. 871, which proscribes threats against the President, as fully subject to its general rule). Nonetheless, as I discuss below, at least one panel in this circuit has held that a civil rights statute selectively proscribing threats of force is "directed at conduct" and thus not subject to the R.A.V. general rule. Hayward, 6 F.3d at 1251 (42 U.S.C. 3631, as applied to a cross-burning incident); cf. J.H.H., 22 F.3d at 826 (<HOLDING>); but cf. United States v. Lee, 6 F.3d 1297,
Holding statements: (A) holding that interference with the right to service in a restaurant is chargeable under 18 usc 241 (B) holding that a state is not a person under 42 usc 1983 (C) holding that 18 usc 245 a statute passed on the same day as 42 usc 3631 and for similar purposes constituted a valid enactment under congress thirteenth amendment authority as applied to racially motivated interference with federallyprotected rights (D) holding that 18 usc 1919 did not implicitly repeal 18 usc 1001 (E) holding that 18 usc 241 and 42 usc 3631 fall within a separate exception to rav

Answer: (E)

Question: removal of the access can result in a taking under Article I, section 18, of the Oregon Constitution, if the state's use is for a purpose other than a road purpose. But, in Judge Armstrong's view, any modification of a road for road purposes that denies a landowner's access does not give rise to a compensable taking. In so concluding, Judge Armstrong discounts as "dictum" the Supreme Court rationale in Burk that an abutter's right of access to a conventional Highway "can be divested only by condemnation of the easement appurtenant to the abutting property." 200 Or at 231. Judge Armstrong explains that the court's conclusion in Burk cannot be reconciled with the court's analysis in more recent cases in the context of regulations that affect road access. See, e.g., Schrunk, 242 Or at 73 (<HOLDING>). If, Judge Armstrong's concurrence reasons, a
Holding statements: (A) holding that inverse condemnation claim challenging as a regulatory taking the states placement of a guard rail that blocked former access was not ripe for adjudication where owners had failed to apply for permit for alternative approach and it therefore was not possible to assess whether a taking had occurred as a result of a deprivation of all reasonable access (B) holding in an inverse condemnation case that the abutting landowners right of direct access was subservient to the city of portlands proper exercise of its governmental powers for purposes of public safety and convenience and that the elimination of access from the landowners property to the affected street did not constitute a taking (C) holding ripe a claim for a pre1987 taking because prior to first english california law did not permit landowners to seek compensation for a regulatory taking through an action in inverse condemnation (D) recognizing that the evidence establishes that direct access to landowners property was always from the stafford straightaway factually there was never any direct access from the stafford curve rather this portion of the roadway like davis street and the route 81 ramps was merely part of an adjacent road system providing a convenient flow of traffic in the direction of landowners property (E) holding that regulatory restrictions on abutting landowners right of ingress and egress are not compensable when landowner has adequate alternative means to access property

Answer: (B)

Question: is arbitrary and capricious. 2. Does Civil Rule 90.3 violate due process by creating an irrebuttable presumption? Jerald argues that blind application of the Civil Rule 90.3 formula denies noncustodial parents the right to a fair hearing. He believes that this is illustrated in this case by the superior court's denying him the opportunity to question Darla concerning her expenses. As the state points out, however, Civil Rule 90.3(c)(1) specifically allows for exceptions to the formula. Other courts have found that child support guidelines do not offend due process so long as they provide for discretion in their application. Schenek v. Schenek, 161 Ariz. 580, 780 P.2d 413 (App.1989); see also In re Guidelines for Child Support Enforcement, 301 Ark. 627, 784 S.W.2d 589, 590-91 (1990) (<HOLDING>); Dalton v. Clanton, 559 A.2d 1197, 1212
Holding statements: (A) holding that any sentence that is properly calculated under the guidelines is entitled to a rebuttable presumption of reasonableness (B) holding that child support formula creates a rebuttable presumption and an inequitable result rebuts the presumption (C) holding that guidelines create a rebuttable presumption (D) recognizing a rebuttable presumption of reliance in rule 10b5 (E) holding however that a first party insured is not entitled to a rebuttable presumption of harm

Answer:
(C)