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.
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Question: likely causes of the engine failure are related to components of the oil delivery system, components of the cylinder assembly, cracked crankcase or an oil leak in general, etc." As such, the Court finds that Mr. Klepacki's opinion regarding the more likely causes of engine failure should be excluded. Plaintiffs Expert Donald Sommer Even assuming, without deciding, that Mr. Sommer is qualified to testify as an expert on piloting and accident reconstruction, including engine failure analysis, the Court must still find that the process he used in forming his expert opinion is suffi ciently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc., 326 F.3d at 1342 (stating that "one may be considered an expert but still offer unreliable testimony"); cf. McCorvey, 298 F.3d at 1257 (<HOLDING>). The Court must also find that the testimony
Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (C) holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge (E) holding that rjulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology

Answer: (E)

Question: obligations, the United States government must conform its conduct to constitutional requirements. Grin v. Shine, 187 U.S. 181, 184, 23 S.Ct. 98, 100, 47 L.Ed. 130 (1902). See In re Burt, 737 F.2d 1477, 1485 (7th Cir.1984) ("when the conduct of the United States government is challenged, such conduct must be assessed in light of the Constitution"); Plaster v. United States, 720 F.2d 340, 348 (4th Cir.1983). Where an extradition court finds that extradition would violate the relator's constitutional rights, the Executive branch may not extradite him. In re Burt, supra, 737 F.2d at 1484; Plaster v. United States, supra, 720 F.2d at 349. See also In re Extradition of Mahmoud Abed Atta, 1988 WL 66866 (E.D.N.Y. June 17, 1988) (unreported slip op.) (available on Westlaw, federal database) (<HOLDING>). However, an American court may not deny
Holding statements: (A) holding that juveniles may waive constitutional rights (B) recognizing defendants state and federal constitutional rights to testify (C) holding in the private sector context that flsa rights cannot be abridged by contract or otherwise waived and stating that in any event congressionally granted flsa rights take precedence over conflicting provisions in a collectively bargained compensation arrangement (D) holding that constitutional rights in extradition take precedence over treaty terms (E) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights

Answer: (D)

Question: provides: (d) Service and Filing. A proposal shall be served on the party or parties to whom it is made but shall not be filed unless necessary to enforce the provisions of this rule. Fla. R. Civ. P. 1.442(d) (emphasis added). Section 768.79(3) provides: (3) The offer shall be served upon the party to whom it is made, but it shall not be filed unless it is accepted or unless filing is necessary to enforce the provisions of this section. 768.79(3), Fla. Stat. (2004) (emphasis added). The offer of judgment statute and rule are in derogation of the common law rule that each party pay its own fees and are, therefore, strictly construed. Willis Shaw Exp., Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 277 (Fla.2003); see Major League Baseball v. Morsani, 790 So.2d 1071, 1077-78 (Fla.2001) (<HOLDING>); Dade County v. Pena, 664 So.2d 959, 960
Holding statements: (A) holding that in presence of any doubt a penal statute is to be strictly construed (B) holding that sjection 76879 and rule 1442 are strictly construed because they are in derogation of the common law rule that each party pay their own fees (C) holding that a statute enacted in derogation of the common law must be strictly construed (D) holding that if a statute is in derogation of a common law right it must be strictly construed and not extended in application beyond clear legislative intent (E) holding 2513 to be jurisdictional and therefore must be strictly construed

Answer:
(C)