Detailed Instructions: 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:or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or (D) without observance of procedure required by law." 38 U.S.C. 7292(d)(1). B. ANALYSIS Equitable tolling is generally available in two types of situations: (1) "where the claimant has actively pursued his judicial remedies by filing a defective pleading during the statutory period," or (2) "where the complainant has been induced or tricked by his adversary's misconduct into allowing the filing deadline to pass." Jaquay v. Principi, 304 F.3d 1276, 1282-83 (Fed.Cir.2002) (en banc) (quoting Irwin v. Dep't of Veterans Affairs, 498 U.S. 89, 96, 111 S.Ct. 45 98) (en bane) (<HOLDING>). In Jaquay, a veteran executed a motion for
Holding statements: (A) holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling (B) holding that equitable estoppel and equitable tolling cannot apply to extend the 120day noa filing period set forth in 38 usc 7266a (C) holding that in light of irwin previous statements that equitable tolling is unavailable against 38 usc 7266 are overruled (D) holding that issue of whether the 120day judicialappeal period prescribed by 38 usc 7266a for seeking judicial review of a board decision is subject to equitable tolling is a legal question (E) holding that irwin overruled all prior ninth circuit cases that denied equitable tolling under statutes and regulations relating to federal employee discrimination suits including one which had denied tolling under 7703b2
Solution:
holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling