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: designs. Moreover, we also note that the similarity of the products need not be identical, as Exmark seems to argue, because the similarity may be defined in terms of the defect and any differences among the products may merely go to the weight of the evidence and not its discoverability or admissibility. See Jackson v. Firestone Tire & Rubber Co., 788 F.2d 1070, 1082-88 (5th Cir.1986); see also Uniroyal Goodrich Tire, 977 S.W.2d at 341; Davidson Oil Country Supply, Inc. v. Klockner, Inc., 908 F.2d 1238, 1245 (5th Cir.1990). We note that many other decisions from courts around the nation reject the notion that discovery in a strict product liability case is uniformly limited to the specific product at issue. See, e.g., In re Cooper Tire & Rubber Co., 568 F.3d 1180, 1191 (10th Cir.2009) (<HOLDING>); Brownlow v. General Motors Corp., No.
Holding statements: (A) holding that plaintiffs work environment was not affected by comments and conduct of which she was not aware (B) recognizing trial courts decision on discovery issues implies a finding that requested discovery was not reasonably available (C) holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law (D) holding that plaintiffs allegation that defendant had exclusive knowledge as the manufacturer did not support claim that defendant was aware of a defect (E) holding that discovery on other tires was not overbroad where plaintiffs alleged that defendant was aware of tread separation problem

Answer: (E)

Question: the words of Mr. Chief Justice Marshall, 'is of the very essence of judicial duty."\u2019) (internal citation omitted); Columbia Falls Elem. Sch. Dist. No. 6 v. State, 326 Mont. 304, 109 P.3d 257, 260-61 (2005) (rejecting Baker v. Carr-based political question argument and concluding that, "[a]s the final guardian and protector of the right to education, it is incumbent upon the court to assure that the system enacted by the Legislature enforces, protects and fulfills the right [to education]"); Claremont Sch. Dist. v. Governor, 138 N.H. 183, 635 A.2d 1375, 1381 (1993) (concluding that constitutional right to adequate education is justiciable and that "any citizen" has standing to "enforce the State's duty" to fulfill this right); Abbott v. Burke, 149 N.J. 145, 693 A.2d 417, 428-29 (1997) (<HOLDING>); Campaign for Fiscal Equity, Inc. v. State, 86
Holding statements: (A) holding in the absence of exceptional circumstances deference should be given to trial court (B) holding that a school board policy prohibiting employees from sending their children to private schools interfered with employees constitutional right to control the education of their children (C) holding that while legislative findings are due deference that cannot foreclose a courts constitutional analysis (D) holding that a trial courts statutory interpretation is given no deference on review (E) holding that while deference should be given to legislative content and performance standards it is still the courts duty to ensure that these standards together with funding measures comport with the constitutional guarantee of a thorough and efficient education for all new jersey school children

Answer: (E)

Question: that the Constitution prohibits under the rubric of contemporary conscience shocking substantive due process. State tort law is, instead, a proper source of any remedy. Plaintiffs rely on several cases from other jurisdictions, which they contend support a contrary conclusion. After reviewing those decisions and many others, we are satisfied that they only illustrate that the sheriffs alleged conduct here (with the exception of his physical conduct toward Ms. Springer) does not rise to a "sexual assault" in violation of the plaintiffs' constitutional rights. See, e.g., Wudtke v. Davel, 128 F.3d 1057, 1063 (7th Cir.1997) (facts showing school superintendent forced teacher to perform fellatio supported substantive due process violation); Jones v. Wellham, 104 F.3d 620, 628 (4th Cir.1997) (<HOLDING>); Bennett v. Pippin, 74 F.3d 578, 589 (5th
Holding statements: (A) holding that forcible rape of a suspect by a police officer may constitute a violation of the substantive due process right under the fourteenth amendment not to be subjected by anyone acting under color of state law to the wanton infliction of physical harm (B) holding a judgment in the absence of notice violates due process rights (C) holding forcible extraction of the contents of defendants stomach shocks the conscience and violates due process (D) recognizing that an officers forcible rape of a woman violates her substantive due process rights (E) recognizing 1983 substantive due process claim

Answer:
(D)