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. 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.
PROBLEM: 718. Under Texas law, a person may engage in the practice of engineering, architecture, or landscape architecture if he is licensed in those professions. See Tex.Rev.Civ. Stat. art. 3271a, 1.2 (Vernon Supp.1999) (engineering); Tex.Rev.Civ. Stat. art.249a, 1 (Vernon Supp.1999) (architecture); Tex.Rev.Civ. Stat. art. 249c, 5(a) (Vernon Supp.1999) (landscape architecture). The State complains Henry was allowed to testified as to matters requiring expertise in surveying, engineering, architecture, and landscape architecture even though he is not licensed in any of those professions. Therefore, because Henry is not licensed, he was not qualified to testify as an expert. See Prellwitz v. Cromwell, Truemper, Levy, Parker & Woodsmale, 802 S.W.2d 316, 318 (Tex.App.-Dallas 1990, no writ) (<HOLDING>); but see Southland Lloyd's Ins. Co. v.
Holding statements: (A) holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury (B) holding that a witness who will be giving opinion evidence about a propertys fair market value must be disclosed and designated as an expert pursuant to discovery and other applicable rules (C) recognizing that a licensed chiropractor is a health care provider competent to testify as a medical expert (D) holding that where a treating doctor is called to give an expert opinion on the standard of care that doctor is properly labeled an expert witness and must be disclosed to the other party along with other experts (E) holding that witness giving expert opinion regarding stan dard of care for particular licensed profession must hold license for same profession

SOLUTION: holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury

PROBLEM: Mickey v. Zeidler Tool & Die Co., 516 F.3d 516, 523-26 (6th Cir.2008). Here, the Plaintiff was terminated by the Defendants three weeks after the filing of the Complaint in this case. This close temporal proximity between the Plaintiffs protected activity and the adverse employment action is sufficient evidence such that a reasonable juror could conclude that the adverse employment action would not have occurred but for his engagement in pro tected activity. See Dixon v. Gonzales, 481 F.3d 324, 334 (6th Cir.2007) ("This Court typically [has] found the causal connection element [is] satisfied only where the adverse employment action occurred within a matter of months, or less, of the protected activity"); see also Herrera v. Churchill McGee, LLC, 545 Fed.Appx. 499, 501 (6th Cir.2013) (<HOLDING>); Shefferly v. Health Alliance Plan of Mich.,
Holding statements: (A) holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection (B) holding in a discrimination case that a close temporal proximity sufficient to survive summary judgment existed where the challenged employment action occurred one month after the protected activity (C) holding that intervening misconduct can sever the temporal proximity connection between the protected conduct and the adverse employment (D) holding that temporal proximity between the alleged retaliators knowledge of a protected activity and an adverse employment action may be sufficient to establish causal connection or retaliatory motive in some cases (E) holding that five weeks between protected activity and adverse employment action insufficient to establish a causal connection

SOLUTION: holding in a discrimination case that a close temporal proximity sufficient to survive summary judgment existed where the challenged employment action occurred one month after the protected activity

PROBLEM: her, the trial court could either strike the witness's direct testimony or declare a mistrial. Best v. Tavenner, 189 Or 46, 54, 218 P2d 471 (1950). More recently, the court has recognized that, although not required to do so, a trial cotut may strike a criminal defendant's testimony who refuses to submit to cross-examination. Mende, 304 Or at 21. The court has not had occasion until now to identify the principles that should guide a court's discretion when a party refuses to answer only some cross-examination questions. We turn to that question. A criminal defendant has both a statutory and a constitutional right to testify in his or her own defense. See ORS 136.643 (statutory right); State v. Lotches, 331 Or 455, 483 n 10, 17 P3d 1045 (2000), cert den, 534 US 833 (2001) (<HOLDING>). As the court has recognized, however, a
Holding statements: (A) recognizing that criminal defendants right to testify is subject to crossexamination (B) holding right to testify was federal constitutional right (C) recognizing cause of action against federal officials for violation of constitutional rights (D) recognizing defendants state and federal constitutional rights to testify (E) holding that state rights are equivalent to federal rights in this area

SOLUTION:
recognizing that criminal defendants right to testify is subject to crossexamination