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: Id. The district court excluded this portion of the expert's testimony. Id. at 1397. Relying on Downing, the Third Circuit reversed. Id. at 1401. We agree that expert testimony on eyewitness identification may properly be admitted under Daubert in certain circumstances, but Stevens simply does not persuade us that the district court abused its discretion in the instant case. We note that here there were five eyewitness identifica tions, not one. Likewise, as counsel for the government pointed out at argument, there was also testimony that Mr. Smith changed his alibi. In this admittedly close case, we hold only that the district court did not abuse its discretion in excluding the testimony under the circumstances. See United States v. Blade, 811 F.2d 461, 465 (8th Cir.1987) (<HOLDING>); United States v. Smith, 736 F.2d 1103,
Holding statements: (A) holding admissible expert testimony concerning factors that may impair eyewitness identification and rejecting that concerning a particular eyewitness credibility and the statistical probability of eyewitness misidentification (B) holding no abuse of discretion to exclude expert eyewitness identification testimony where governments case relied on more than eyewitness identification (C) holding that the trial court did not err by failing to instruct the jury to consider certain additional factors in evaluating the validity of eyewitness identification testimony (D) holding that a specific instruction was unnecessary because eyewitness was crossexamined and the eyewitness testimony was discussed in defense counsels opening statement (E) holding exclusion of expert eyewitness identification testimony harmless error where governments case included three separate eyewitnesses and a palm print that discredited the defendants alibi

SOLUTION: (B)

PROBLEM: strip frisk of an employee may only be conducted on the order of the Superintendent or Acting Superintendent. (The Officer of the Day may issue this order if the Superintendent or Acting Superintendent is absent from the facility and cannot be contacted). b. Strip frisks must be supervised by a uniformed supervisor having at least the rank of Lieutenant. c. No more than two frisking employees are to be present in addition to the supervising officer. d. Strip frisks shall be conducted in a location and manner which will cause the least possible embarrassment to the employee being searched. e. The supervising and searching officers must be of the same sex as the employee being searched. If a ranking female security supervisor is not available, the Superintendent shall designate a female (<HOLDING>) to conduct the search. f. An employee may
Holding statements: (A) holding that because there was no evidence before the court of any similarly situated employees who were promoted to a higher salary grade when plaintiff was denied a promotion plaintiff could not establish a prima facie case of discriminatory failure to promote (B) holding that a retiree with a sixth grade education who was given little time to review the terms had stated a claim (C) holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade (D) holding a higher grade than the employee being searched (E) holding the prosecution to a higher burden of proof than the law required is a valid raceneutral reason for excluding a juror

SOLUTION: (D)

PROBLEM: there has been a presumption of openness and public access to judicial proceedings and documents. Press-Enterprise Co. v. Superior Court of Cal. (Press-Enterprise II), 478 U.S. 1, 10, 106 S.Ct. 2735, 92 L.Ed.2d 1 (1986); Press-Enterprise Co. v. Superior Court of Cal. (Press-Enterprise I), 464 U.S. 501, 507, .104 S.Ct. 819, 78 L.Ed.2d 629 (1984); Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980). Addressing the presumption of access to judicial proceedings, in Press-Enterprise II, the Supreme Court held that there is a qualified right of public access to judicial proceedings, rooted in the First Amendment, if there is "a tradition of accessibility" to the nature of the proceedings involved and if p any, Inc., 828 F.2d 340, 345 (6th Cir.1987)(<HOLDING>). With respect to the common law right of
Holding statements: (A) holding that a motion to intervene to assert the publics first amendment right of access to criminal proceedings is proper (B) recognizing that first amendment provides qualified right of access to judicial documents (C) holding that there is a qualified first amendment right of access to proceedings and documents relating to disqualification of a judge in a criminal case and to conflicts of interest between attorneys in a criminal case (D) holding that a disqualification order in a criminal case is not appealable (E) holding that the first amendment right of access applies to a summary judgment motion in a civil case

SOLUTION:
(C)