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:
The Court agrees with Magistrate Judge Harvey that Ms. Toomer offers, no evidence of Ms. Stiger's threat other than her own self-serving assertions and that such unsupported, self-serving assertions do not give rise to a triable issue of fact. See, e.g., Taylor v. FDIC, 132 F.3d 753, 762 (D.C. Cir. 1997) (when scrutinizing motions for summary judgment courts "examine the facts in the record and reasonable inferences in the light most favorable to the nonmoving party, but do not accept bare conclusory allegations, as fact") (internal citations omitted); Ward v. District of Columbia, 950 F.Supp.2d 9, 17 (D.D.C. 2013) ("[S]elf-serving assertions are not sufficient to create an issue of material fact."); Musgrove v. Gov't of the District of Columbia, 775 F.Supp.2d 158, 170 (D.D.C. 2011) (<HOLDING>). Even if unsupported, self-serving assertions
Holding statements: (A) holding conclusory statements in affidavits and deposition testimony standing alone are insufficient to withstand a properlysupported motion for summary judgment (B) holding that evidence of alleged limitations obtained soon after accident was without more insufficient to survive summary judgment (C) holding that adverse inference alone insufficient to support a motion for summary judgment (D) holding that a plaintiffs selfserving deposition testimony was not enough for her fdcpa claim to survive summary judgment but that a consumer survey may have been sufficient (E) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment
answer:
(E)

question:
concerning a matter within the scope of the agency or employment, made during the existence of the relationship. However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) ("Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party." (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (<HOLDING>); United States v. Durrani, 659 F.Supp. 1183
Holding statements: (A) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (B) holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution (C) holding in a criminal case that a statement by an unavailable declarant was not admissible as a declaration against his penal interest and was not admissible under rule 804b5 either (D) holding statements by coconspirator nontestimonial and thus admissible (E) holding alford plea admissible in burglary prosecution
answer:
(B)

question:
Chavis's first state habeas petitions, filed in 1993 and 1994, did not toll the one-year statute, since AEDPA was not enacted until 1996. The district court erred. A "state habeas petition filed before the AEDPA statute of limitations begins to run tolls the limitation period." Jiminez v. Rice, 276 F.3d 478, 482 (9th Cir.2001) (citing Tillema v. Long, 253 F.3d 494 (9th Cir.2001)). A habeas petition is considered pending during one full round of state review, which in California includes petitions filed in Superior Court, the Court of Appeal, and the Supreme Court. Nino, 183 F.3d at 1005-06. As long as the petitions are properly filed, a habeas petitioner is also entitled to tolling during subsequent rounds of state review. See King v. Roe, 340 F.3d 821, 823 (9th Cir.2003) (per curiam) (<HOLDING>); Dils v. Small, 260 F.3d 984, 985-86 (9th
Holding statements: (A) recognizing that a habeas petitioner may be entitled to tolling during a second round of petitions but holding that the statute is not tolled between rounds (B) holding that overlapping petitions do not affect tolling during the time petitioner is seeking one full round of review (C) holding that second and third state habeas petitions that were dismissed as impermissible successive petitions were properly filed (D) holding that tolling of the statute of limitations was not tolled during the pendency of a claim dismissed without prejudice for want of prosecution (E) holding that overlapping state habeas petitions begin a separate round of review and do not disturb the pendency of petitioners first round of review
answer:
(A)