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: the crime charged. If the evidence is cumulative, the trial court should more closely scrutinize its prejudicial effect. If the evidence is necessary to prove an element of the charge, the trial judge may have erred in not sustaining the defendant's motion for a directed verdict of acquittal. Moreover, a defendant may have a valid objection, under federal rule 611(b), that the government's cross-examination exceeds the scope of the direct. These added considerations are necessary not only to limit the impact of rule 404(b) on rule 608(b), but also to limit the prejudicial effect of allowing the government to have the last say through evidence of a defendant's prior misconduct. Smith Grading & Paving, 760 F.2d at 581; see also United States v. Horton, 847 F.2d 313, 324-25 (6th Cir.1988) (<HOLDING>). The purpose of Rule 608(b) is to prevent
Holding statements: (A) holding that proponent of 404b evidence must identify a proper 404b purpose for admission that is at issue in the case (B) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper

Answer: (D)

Question: partially agreed with this argument and ordered the plaintiffs to serve Rosemary with a summons and copy of the amended complaint. It then gave her an opportunity to respond to the plaintiffs' arguments. Shortly thereafter, the Butcher defendants filed a supplemental motion for reconsideration. In that motion, they argued that the district court's order, which imposed the constructive trust, was void because the court had no authority to assert personal jurisdiction over Rosemary after entering a final judgment. Contrary to the Butcher defendants' arguments, the district court had the authority to amend its judgment based on its mistaken belief that Rosemary had been served in her individual capacity. See Kingvision Pay-Per-View Ltd., v. Lake Alice Bar, 168 F.3d 347, 350 (9th Cir.1999) (<HOLDING>) We agree with this reasoning, and conclude
Holding statements: (A) holding that when the district court mistakenly ordered prejudgment interest and a motion to amend was made more than one year after entry of judgment no relief was available under rule 60b6 because rule 60b1 clearly applied (B) holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions (C) holding in a case where the plaintiff had argued that the district court lacked jurisdiction to amend its judgment more than ten days after entry because that is the time limit under federal rule of civil procedure 59 that a district court can amend its judgment because of mistake or inadvertence months after judgment has been entered pursuant to rule 60b of the federal rules of civil procedure (D) holding that the district court did not abuse its discretion in denying motion to alteramend judgment where the plaintiff raised the choice of law issue for the first time after the entry of summary judgment (E) holding that district court has limited authority under rule 59 to alter or amend judgment sua sponte so long as court acts within 10 days of entry of judgment

Answer: (C)

Question: "improper definition of reasonable doubt." (Claim I.C.4, paragraph 51, of Boyd's petition.) 23. Boyd alleged that his trial counsel rendered ineffective assistance by failing to object, during the penalty phase of the trial, to the prosecutor's "expressions of his personal opinion of [Boyd's] sentence." (Claim I.D.2, paragraph 62, of Boyd's petition.) 24. Boyd alleged that his trial counsel rendered ineffective assistance by failing to object, during the penalty phase of the trial, to the prosecutor's comments "deni-grat[ing] ... the jury's role in the sentencing process." (Claim I.D.2, paragraphs 63-64, of Boyd's petition.) Claims presented in a Rule 32 petition but not pursued on appeal are deemed to be abandoned. See Brownlee v. State, 666 So.2d 91, 93 (Ala.Crim.App.1995)(<HOLDING>). See also, e.g., Charest v. State, 854 So.2d
Holding statements: (A) holding that issues not specifically raised and argued in a partys opening brief are waived (B) holding that issues not argued in initial brief are deemed waived (C) holding that we will not review issues not listed and argued in brief (D) holding an appellant may not use the reply brief to argue issues not argued in the initial brief (E) holding issues argued orally but not addressed in brief were waived

Answer:
(C)