instruction:
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.
question:
immunity exists. In Galvan v. Garmon, 710 F.2d 214 (5th Cir.1983), cert. denied 466 U.S. 949, 104 S.Ct. 2150, 80 L.Ed.2d 536 (1984), the fifth circuit held that when a probation officer erroneously prepared a motion for revocation of appellant's probation, she was only entitled to qualified immunity. The court distinguished its earlier case of Spaulding v. Nielsen, supra: We find Spaulding not controlling in the case at hand. Whereas in Spaulding the probation officer was acting at the direction of the court during the presen-tence report process, in the immediate case the probation officer acted at her own initiative and at a different phase of the criminal process less intimately associated with the judiciary. Galvan, at 215. See also Griffin v. Leonard, 821 F.2d 1124 (5th Cir.1987) (<HOLDING>). We note also third circuit decisions,
Holding statements: (A) holding that defendants are not entitled to qualified immunity (B) holding under facts presented that probation officer was entitled to at least qualified immunity (C) holding officials are entitled to qualified immunity for reasonable mistakes of law (D) holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted (E) holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity
answer:
(B)

question:
on CRiminal Justice, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). In 1997, the legislature amended the child pornography statute to eliminate a loophole in the existing statute that impeded prosecution of individuals for possession or promotion of child pornography depicted or distributed by computer. Id.; House Comm, on CRiminal JURISPRUDENCE, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). There is nothing in these materials to suggest that the legislature intended to prohibit anything other than pornography depicting actual children. Therefore, we conclude that the Texas child pornography statute prohibits only the possession of visual materials depicting real children. Because the Texas statute only prohibits pornography depicting actual children, the sta App.1991) (<HOLDING>). Appellant also contends that the statute is
Holding statements: (A) holding twentyeight charges against defendant for possession of child pornography were not multiplicious (B) holding that private possession of child pornography is not protected by the first amendment (C) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (D) holding that an overbreadth challenge to a child pornography law was rendered moot by amendment to the statute (E) recognizing continuing harm from defendants knowing possession of child pornography
answer:
(B)

question:
Hartmann, 921 F.2d 507, 511 (3d Cir.1990) (overruled on other grounds) (citing AT & T Techs., Inc., 475 U.S. at 649, 106 S.Ct. 1415). A court may not deny arbitration "unless it can state with 'positive assurance' that [the] dispute was not meant to be arbitrated." Autoradio U.S.A Inc. v. Becker Autoradiowerk GmbH, 585 F.2d 39, 44 (3d Cir.1978) (quoting Hussey Metal Div. v. Lectromelt Furnace Div., 471 F.2d 556, 558 (3d Cir.1972)); see First Liberty Inv. Grp. v. Nicholsberg, 145 F.3d 647, 653 (3d Cir.1998). When an agreement contains both a choice-of-law clause and an arbitration clause, the reviewing court will apply the substantive law of the state named in the choice of law clause. Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U.S. 52, 63-64, 115 S.Ct. 1212, 131 L.Ed.2d 76 (1995) (<HOLDING>). IV. DISCUSSION A. Plaintiffs' Claims Are
Holding statements: (A) holding that there was no conflict between a contracts arbitration clause and its venue clause (B) holding that the party did not waive its right to enforce the arbitration clause (C) holding that the best way to harmonize a choice of law clause and an arbitration clause is to apply the substantive case law of the named state to the entire agreement including the arbitration clause (D) holding that when an arbitration clause has provisions that defeat the remedial purpose of the statute the arbitration clause is not enforceable and that the language insulating an employer from damages and equitable relief renders the clause unenforceable (E) holding an entire arbitration clause is void and arbitration cannot be compelled where contract contained unconscionable clause and has a nonseverability clause
answer:
(C)