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: on the basis of an otherwise constitutional statutory aggravator. 32 Even if we assume Graham supplies the proper analysis for challenging an aggravator, such a challenge fails here. Under Graham, a court "considers 'objective indicia of society's standards, as expressed in legislative enactments and state practice' to determine whether there is a national consensus against the sentencing practice at issue." 130 S.Ct. at 2022 (quoting Roper v. Simmons, 543 U.S. 551, 572, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005)). In the past decade, the Supreme Court has used this approach in three death penalty eases. See Kennedy v. Louisiana, 554 U.S. 407, 446, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (concluding the death penalty cannot be imposed for rape); Roper, 543 U.S. at 578, 125 S.Ct. 1183 (<HOLDING>); Atkins v. Virginia, 536 U.S. 304, 321, 122
Holding statements: (A) holding the death penalty unconstitutional for defendants under age eighteen at the time of the crime (B) holding that the execution of individuals who were under 18 years of age at the time they committed capital crimes violates the eighth and fourteenth amendments to the united states constitution (C) recognizing that within the world community the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved (D) holding that mandatory life imprisonment without parole for those under the age of eighteen at the time of their crimes violates eighth amendment (E) holding the eighth and fourteenth amendments forbid imposition of the death penalty on offenders who were under the age of eighteen when their crimes were committed

SOLUTION: (E)

PROBLEM: an individual has adequately stated a pri-ma facie claim. Cf. Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329, 1334 (9th Cir.1995) ("An inquiry into the reasonableness of procedures ... belies a claim that liability under [15 U.S.C.] 1681e(b) must be predicated on the effect of that information once disseminated .... The district court was required to consider whether [the defendant] was liable under 1681e(b) before it determined that [the plaintiff] had suffered no recoverable damages."). Several courts have previously recognized the possibility that a claim for actual or compensatory damages under FCRA may include compensation for emotional distress in the absence of physical injury or out-of-pocket expenses. See, e.g., Bakker v. McKinnon, 152 F.3d 1007, 1013 (8th Cir.1998) (<HOLDING>); Philbin v. Trans Union Corp., 101 F.3d 957,
Holding statements: (A) holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any (B) holding that under privacy act federal government waived its sovereign immunity with respect to actual damages but not with respect to damages for mental or emotional distress (C) holding that the district court did not abuse its discretion in finding that the incomplete and late submission of expert reports was not harmless (D) holding that under the first amendment where there is no proof of actual malice damages are limited to actual injury which excludes punitive damages but is not limited to outofpocket loss (E) holding that even in the absence of outofpocket expenses or costs incurred the district court did not abuse its discretion in awarding actual and punitive damages when appellees testified about how they felt when appellant obtained their credit reports and violated their privacy thereby causing them some emotional distress

SOLUTION: (E)

PROBLEM: does not logically support the inference that his decision to direct Collins to fire plaintiff was racially motivated. The evidence showed that Garr believed coworker reports of sexual harassment, warned plaintiff verbally and in writing, and fired him upon determining that McCauley's complaint was credible. Moreover, there was no evidence that defendant had labeled plaintiff as a troublemaker because of his complaints, or that there was any connection between those complaints and his discharge. Thus, even if the allegations of sexual harassment were false, plaintiff failed to demonstrate that it was his race, and not the allegations of sexual harassment, that motivated defendant's decision to discharge him. See Elrod v. Sears, Roebuck and Co., 939 F2d 1466, 1470-71 (11th Cir 1991) (<HOLDING>). Plaintiff's subjective perception that he was
Holding statements: (A) holding that a plaintiff has not demonstrated that the employers reason for terminating him was pretextual if the employer reasonably believed the complaint of sexual harassment lodged against the plaintiff and acted on it in good faith (B) holding that where the employer fired the plaintiff upon a good faith belief that he sexually harassed coworkers the plaintiff could not prove pretext by challenging the harassment allegations (C) holding that a plaintiff may rely on the same evidence to prove both pretext and discrimination (D) holding that the test for good faith is the actual belief of the party and not the reasonableness of that belief (E) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false

SOLUTION:
(B)