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: Dube, who held a hearing on the summary judgment motions on December 11, 2003. On January 14, 2004, Judge Dube issued his R & R, which recommended that Plaintiffs Motion for Summary Judgment be granted and that Defendant's Motion be denied, thereby reversing the decision of the Appeals Council. Having received objections from both parties, the R & R is now ripe for consideration by this Court. Analysis The issues appealed from the Appeals Council are purely questions of law. Although a more restrictive standard of review applies if an appeal of a final decision of the Commissioner of Social Security is based on that decision's factual findings, no presumption of validity attaches to the Commissioner's conclusions of law. See Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir.1991) (<HOLDING>). Therefore; the Court must conduct its own
Holding statements: (A) holding that although the district court was not required to discuss each of the factors on the record a decision to dismiss stands a better chance on appeal if the appellate court has the benefit of the district courts reasoning (B) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (C) holding the courts scope of review is limited to determining whether the commissioner applied the correct legal standards and whether the record as a whole contains substantial evidence to support the commissioners findings of fact (D) recognizing that when reviewing for clear error we usually must reverse if the district court applied incorrect legal standards to reach its findings (E) holding the district court can reverse the commissioners decision based on her failure to apply the correct law or to provide the reviewing court with sufficient reasoning for determining that the proper legal analysis has been conducted

SOLUTION: (E)

PROBLEM: of the statute, the FDA's regulations, the FDA's internal interpretation, and precedent all demonstrate that a sterilizer for dental hand-pieces is a "device" as that term is defined in 21 U.S.C. 321(h). That being so, both SteriSafe and its accessory SteriDot are within the jurisdiction of the FFDCA. Defendant nevertheless posits three reasons why SteriSafe and SteriDot are not devices. First, defendant argues that the government failed to prove that dental handpieces transmit disease and, thus, that SteriSafe actually prevents disease. Such proof is not required. Congress had two purposes in enacting' the FFDCA: (1) to regulate products that actually prevent disease, and (2) to regulate products that falsely claim that they prevent disease. Because of those d 1006 (9th Cir.1952) (<HOLDING>). Defendant next argues that the Steri-Safe is
Holding statements: (A) holding that because the doctor who submitted an expert report did not demonstrate knowledge of cancer treatment he was not qualified to offer an opinion that an earlier diagnosis could have produced a better outcome for the plaintiff (B) holding that a machine that allegedly eliminated lumps from womens breasts was governed by the ffdca even though expert witnesses expressed the unanimous belief that appellants instruments are useless for diagnosis or treatment of any human ailment (C) holding the expert witnesses were protected by witness immunity to ensure expert objectivity (D) holding in a case where there was no evidence that the expert was incompetent or that the petitioners lawyers had any reason to question the experts professional qualifications that it was objectively reasonable for trial counsel to rely upon the experts diagnosis (E) holding that the admissibility of expert testimony was governed by state law

SOLUTION: (B)

PROBLEM: 458 U.S. 419, 102 S.Ct. 3164, 73 L.Ed.2d 868 (1982), or a regulation that completely deprives an owner of all economically beneficial use of his or her property, see Lucas v. S.C. Coastal Council, 505 U.S. 1003, 1019, 112 S.Ct. 2886, 120 L.Ed.2d 798 (1992). Lingle, 544 U.S. at 538, 548, 125 S.Ct. 2074. The third category of takings is gov- . erned by the standard set forth in Penn Central Transportation Co. v. New York City, 438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978), and the fourth category is governed by the standard set forth in Nollan and Dolan. Lingle, 544 U.S. at 538-39, 548, 125 S.Ct. 2074. Because Highlands relies solely on the Nollan and Dolan standard in its initial brief, we do not address the other theories of taking. See Lingle, 544 U.S. at 548, 125 S.Ct. 2074 (<HOLDING>). 2 . In arguing that the exactions in this
Holding statements: (A) holding that because the property owner argued only a theory of taking that was no longer a valid theory property owner did not demonstrate his entitlement to relief (B) holding that the pretrial order did not adequately disclose a theory because it did not give notice of that theory (C) holding that property owner still has relief in the form of the return of his property though condemnation was complete and a highway was constructed across the property (D) holding that the current property owner may not assert a public nuisance claim against the former owner (E) holding that because property was no longer property of the estate the court could not order turnover

SOLUTION:
(A)