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:
between cases brought under the federal law and those brought under Maine law. While the First Circuit does make a distinction, it ultimately holds that the negligence per se doctrine of Pratico is strictly limited to cases brought under FELA, and it strongly implies that the doctrine will not be expanded. Elliott v. S.D. Warren Co., 134 F.3d 1, 4 (1st Cir.1998). 4 . Castine argues that the trooper testified at trial to matters that he had not previously indicated he would address, and therefore, it was unfairly surprised at trial. Generally, a continuance is the appropriate remedy when a party seeks to admit "surprise" evidence at trial. Because Castine did not seek a continuance, however, it may not now claim unfair surprise. See Pettitt v. Lizotte, 454 A.2d 329, 332-33 (Me.1982) (<HOLDING>). 5 . Because violation of a safety regulation
Holding statements: (A) holding the immigration judges denial of a continuance request did not constitute an abuse of discretion (B) holding that the district court did not abuse its discretion in allowing plaintiffs expert witness to testify when it also allowed defendants expert witness who disputed the methodology used by plaintiffs expert to testify (C) holding denial of continuance to be an abuse of discretion (D) holding that trial court did not abuse its discretion by determining expert witness was qualified to testify (E) holding that there was no abuse of discretion in allowing a defendants surprise fact witness to testify because the plaintiff did not request a continuance
answer:
(E)

question:
the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor
Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance
answer:
(C)

question:
citizenship claim."). It found "extreme circumstances," id. at 1139, because "[a]n assertion of U.S. 'citizenship is ... a denial of an essential jurisdictional fact' in a deportation proceeding." Id. at 1136 (quoting Ng Fung Ho v. White, 259 U.S. 276, 284, 42 S.Ct. 492, 66 L.Ed. 938 (1922)). It also relied on the principle that American citizenship must be intentionally relinquished. Id. at 1137 (citing Vance v. Terrazas, 444 U.S. 252, 260-61, 100 S.Ct. 540, 62 L.Ed.2d 461 (1980)). "Because he has a colorable citizenship claim, Rivera has a constitutional right to judicial review, and may obtain such review via habeas corpus even after accepting deportation and waiving his right to appeal the IJ's decision." Id.; see also Minasyan v. Gonzales, 401 F.3d 1069, 1075 (9th Cir.2005) (<HOLDING>). Under Rivera, "the Constitution is violated
Holding statements: (A) holding agency claim requirements under the federal torts claim act must be exhausted before district court has jurisdiction (B) holding that this court lacks jurisdiction to review claims that have not been raised before the bia (C) holding on direct review from the bia that bjecause minasyans claim to citizenship is not patently frivolous we have jurisdiction to review it irrespective of whether he has exhausted his claim before the agency (D) holding that we lack jurisdiction to consider a claim not raised before the bia even when the bia sua sponte considers the claim (E) holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte
answer:
(C)