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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: S.Ct. 1215, 43 L.Ed.2d 570 (1975)." Peters v. Narick, 165 W.Va. 622, 628 n. 13, 270 S.E.2d 760, 768 n. 13 (1980). This Court has determined repeatedly that the West Virginia Constitution may be more protective of individual rights than its federal counterpart. See, e.g., State v. Bonham, 173 W.Va. 416, 317 S.E.2d 5 Daley, 174 W.Va. 299, 324 S.E.2d 713 (1984) (state constitution compels striking limitation on soliciting after sunset even if federal constitution does not); Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 611, 319 S.E.2d 372, 379 (1984) (Article III, 1 "more stringent in its limitation on waiver [of fundamental rights] than is the federal constitution"); Pushinsky v. West Virginia Board of Law Examiners, 164 W.Va. 736, 266 S.E.2d 444 (1980) (<HOLDING>); Pauley v. Kelly, 162 W.Va. 672, 707, 255
Holding statements: (A) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (B) recognizing that state constitution imposes more stringent limitations on power of state to inquire into lawful associations and speech than those imposed by federal constitution (C) recognizing exception under state constitution (D) holding that appellate court assumes appellant claims no greater protection under state constitution than that provided by federal constitution when state and federal claims not briefed separately (E) holding missouri constitution requires stricter separation of church and state than does federal constitution

Answer: recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution

Question: however, had received the full procedural due process to which he was entitled for the 1996 events to which the court was referring. The events, in fact, culminated in a decision and order of the Lincoln County Appeal Board calling for Pratt's reinstatement. Defendants, therefore, are entitled to a summary judgment on this issue. Furthermore, because the LCPO has been dissolved, the issue of Pratt's employment status, particularly after he was reinstated, is now moot. B. Constitutionally Protectable Property Interest Neither Exists In Pratt's Job Duties Nor In Pratt's Suspension When Such Suspension Is With Pay. [ 19] Pratt argues the defendants are not entitled to a qualified immunity because the defendants obstructed the reinstatement order of the Appeal Board -42 (4th Cir.1990) (<HOLDING>); Fields v. Durham, 909 F.2d 94, 98 (4th
Holding statements: (A) holding that under article i section 9 a person has no constitutionally protected privacy interest in abandoned property (B) holding inmates possess a constitutionally cognizable property interest in the interest earned on money held in their prison accounts (C) holding that sovereign immunity does not protect the state from claims for statutory employment benefits that constitute a protected property interest (D) holding that constitutionally protected property interest in employment does not extend to right to possess and retain particular job or to perform particular services (E) holding parental rights are constitutionally protected fundamental interest

Answer: holding that under article i section 9 a person has no constitutionally protected privacy interest in abandoned property

Question: So.2d 719, 721 (Fla. 3d DCA 2001). Direct review proceedings include seeking discretionary review in the Florida Supreme Court. Cardali, 794 So.2d at 721. The Florida Supreme Court does not, however, have subject matter jurisdiction over a district court opinion that fails to expressly address a question of law, such as opinions issued without opinion or citation. Beaty v. State, 701 So.2d 856 (Fla.1997) (finding that, where a defendant's plenary appeal had been per curiam affirmed without written opinion or citation, the two-year period for purposes of filing a motion for postconviction relief began to run from the issuance of the district court's mandate, rather than from the Supreme Court's denial of discretionary review); Florida Star v. B.J.F., 530 So.2d 286, 288 n. 3 (Fla.1988) (<HOLDING>). In the case before us, this Court's per
Holding statements: (A) holding that federal courts must accept the decision of the states highest court even if it is an erroneous one (B) holding that a district court decision rendered without opinion or citation constitutes a decision from the highest state court empowered to hear the cause (C) holding that when there is no ruling by the states highest court it is the duty of the federal court to determine as best it can what the highest court of the state would decide (D) holding that when applying state law this court follows the decision of the highest state court or in the absence of such a decision and any indication that the highest court would rule differently the decisions of the states intermediate courts (E) holding that when applying state law a federal court is bound to follow the highest court in the state

Answer:
holding that federal courts must accept the decision of the states highest court even if it is an erroneous one