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.

Ex Input:
delivery to these individuals actually occurred. Sanderson asserted numerous causes of action against the defendants including civil rights and tort claims arising out of Sanderson's divorce action and his March'2003 arrest for felonious restraint. The felonious restraint charge was later dismissed. Sanderson's complaint in this lawsuit seeks damages for actions by Thomas and Martens while employed by Walsh County and actions by Judge Geiger while employed by the State of North Dakota. [ 3] Walsh County, Thomas, and Martens answered Sanderson's complaint and moved for summary judgment, seeking dismissal for lack of proper service of process. Judge Geiger also moved to dismiss, asserting the district court lacked personal jurisdiction over 2001 ND 101, 8-10, 627 N.W.2d 379 (<HOLDING>). [8] Sanderson's complaint asserts a number
Holding statements: (A) holding that a forum selection clause was not enforceable against defendants that were not parties to the contract (B) holding order dismissing action without prejudice based on contractual forum selection clause is final and appealable because it terminates the litigation in the plaintiffs chosen forum (C) holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum (D) holding that when a forum selection clause designates an arbitral forum the proper remedy is dismissal (E) holding appealable dismissal where application of forum selection clause permanently put plaintiff out of district court

Ex Output:
(E)

Ex Input:
of purely legal questions, such as whether a given set of facts alleged by the plaintiffs would demonstrate a constitutional violation. 4 . We note that the record contains no indication that the OSHP employs explicit racial criteria or admits to racially-motivated decision making. If such a showing could be made, the plaintiffs would not need to establish the existence of a similarly situated class that was not investigated. See Brown v. City of Oneonta, 221 F.3d 329, 337 (2d Cir.2000) ("[I]t is not necessary to plead the existence of a similarly situated non-minority group when challenging a law or policy that contains an express, racial classification."), cert. denied, U.S. -, 122 S.Ct. 44, 151 L.Ed.2d 16 (2001); cf. United States v. Ovalle, 136 F.3d 1092, 1104-05 (6th Cir.1998) (<HOLDING>). "In its more recent pronouncements on laws
Holding statements: (A) holding that it is unnecessary for criminal defendant to establish threeprong test for discrimination in grand jury selection where there is direct evidence of exclusion based upon race (B) holding that a defendants guilty plea forecloses independent inquiry into the claim of discrimination in the selection of the grand jury (C) holding that racial discrimination in selection of grand jurors compelled dismissal of indictment (D) holding that although there was evidence of discrimination based on race there was insufficient evidence to support a finding of constructive discharge (E) holding that it is error to conduct most of the jury selection process in the absence of the defendant

Ex Output:
(A)

Ex Input:
on May 27, 2010, almost a full year after the limitations period expired. Absent any tolling of the one-year limitations period, Galindo's habeas petition is clearly barred. Galindo argues the district court should have granted his request for an evidentiary hearing to address whether the doctrine of equitable tolling would apply to permit the late filing of his habeas petition. Under the doctrine of equitable tolling, the statute of limitations is tolled when the plaintiffs "failure to timely file was caused by extraordinary circumstances beyond his control." Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir.2000). Equitable tolling is only appropriate, however, when a plaintiff "diligently pursues his claims." Id.; see also Woodward v. Williams, 263 F.3d 1135, 1142-43 (10th Cir.2001) (<HOLDING>) (quotation and citation omitted), Galindo
Holding statements: (A) holding that equitable tolling under 2255 would be allowed if at all only for extraordinary circumstances (B) holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling (C) holding petitioners alleged ignorance of aedpas statute of limitations is insufficient to warrant equitable tolling (D) holding that aedpas statute of limitations is subject to equitable tolling only when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

Ex Output:
(D)