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: hostile work environment claims from the general Ricks rule because such claims " 'cannot be said to occur on any particular day,' and instead usually involve a pattern of acts that aren't 'actionable on [their] own' but give rise to a legal violation only when assessed in their totality." Almond, 665 F.3d at 1178 (quoting Morgan, 536 U.S. at 115-16, 122 S.Ct. 2061). Here, the Court does not construe Plaintiffs pleadings to allege a hostile work environment claim. Even construing Plaintiffs pleadings liberally, his generic assertions that Defendant Beilis treated him in a hostile manner toward the end of his employment and sent him hostile emails fall far short of asserting a claim for age-based hostile work environment. See Phillips v. Moore, 164 F.Supp.2d 1245, 1254 (D.Kan.2001) (<HOLDING>). Thus, despite Plaintiffs averment that
Holding statements: (A) holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments (B) holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims (C) holding that certain conduct was irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of it (D) recognizing a hostile work environment claim under section 1983 (E) holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive

Answer: (B)

Question: fundamental error analysis. 4 . During this hearing the court allowed Dr. Bail-on to testily telephonically from the hospital at which the patient was located. 5 . Alternatively, an appellate court could remand the matter to the superior court for evidentiary hearings and findings on the effectiveness of appointed counsel. See In re Condry's Estate, 117 Ariz. 566, 568, 574 P.2d 54, 56 (App.1977). In In re Maricopa County Juv. Action No. JS-4942, 142 Ariz. 240, 242, 689 P.2d 183, 185 (App. 1984), we reversed and remanded the matter to the juvenile court for an evidentiary hearing to determine whether the parent had received adequate notice of the hearings against him and whether the parent had received effective assistance of counsel. 142 Ariz. at , 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (<HOLDING>); State v. Carriger, 132 Ariz. 301, 304, 645
Holding statements: (A) holding that constitution requires an opportunity granted at a meaningful time and a meaningful manner for a hearing appropriate to the nature of the case (B) holding that the due process clause is violated if the prosecution fails to disclose material evidence that is favorable to a criminal defendant (C) holding if counsel entirely fails to subject the prosecutions case to meaningful adversarial testing the adversary process itself is presumptively unreliable (D) holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner (E) holding that the prosecutions suppression of evidence material to guilt or punishment violates due process regardless of the prosecutions good or bad faith

Answer: (C)

Question: filed, is the verdict, and a showing that the writing is incorrect is not an impeachment of the verdict itself." (punctuation omitted)). 19 See former OCGA 17-9-41 ("The affidavits of jurors may be taken to sustain but not to impeach their verdict."); Fulton County v. Phillips, 91 Ga. 65, 65 (16 SE 260) (1892) (syllabus by the court) ("According to repeated rulings of this court, the affidavits of jurors may be taken to sustain, but not to impeach, their verdict."); see also former OCGA 9-10-9 (providing the same rule in civil procedure). 20 See generally OCGA 24-1-2 (e) ("Except as modified by statute, the common law as expounded b tate, 323 Ga. App. 15, 17 (2) (747 SE2d 99) (2013). 34 Freeman, 264 Ga. at 278; see Wade v. State, 261 Ga. 105, 107-08 (6) (401 SE2d 701) (1991) (<HOLDING>); see also Ingram v. State, 290 Ga. 500, 503
Holding statements: (A) holding that trial court did not err (B) holding that trial court did not err in declining to accept jurys first verdict when form stated that the jury found the defendant undecided and trial courts interpretation of the verdict form to mean that the jury was either not unanimous or had not decided yet whether defendant was guilty or not guilty was reasonable and thus trial court properly instructed jury to continue deliberating (C) holding that where defense counsel made a timely objection and it was overruled by the trial court a further request for a mistrial was unnecessary and futile since the reasons for the objection were apparent and the trial courts denial of the objection indicated its belief the jury could properly hear the matter which was the subject of the objection (D) holding that upon objection to the form of the verdict trial court did not err in returning jury for further deliberations (E) holding that a district court did not err by submitting a special verdict form to the jury this particular verdict form did not specify a standard of proof

Answer:
(D)