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: as an entity wholly owned by the Soviet Union's Ministry of Medium Machine Building. Raccoon relies on that portion of 1603(b) which states that "agency or instrumentality of a foreign state" does not include an entity created under the laws of a third country. Raccoon's argument is without merit. Navoi has presented credible evidence showing that in 1992, following the collapse of the Soviet Union and Republic of Uzbekistan's declaration of independence, ownership and control of Navoi passed to the Uzbek Government by decree of the Cabinet of Ministers. At all times relevant to the instant litigation, Navoi was an Uzbek entity created by the Uzbek Cabinet of Ministers under the laws of the Republic of Uzbekistan. See Gould v. Pechiney Ugine Kuhlmann, 853 F.2d 445, 450 (6th Cir.1988) (<HOLDING>). Finally, Raccoon challenges Navoi's prima
Holding statements: (A) holding that statutory good time credits must be calculated under the law in effect at the time of resentencing after an appeal of the sentence is determined (B) holding that for purpose of the fsia a foreign entitys status is determined based upon the jurisdictional facts existing at the time the act complained of occurred (C) holding state of the law must be determined at time of challenged action (D) holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum (E) holding that clearly established federal law as determined by the supreme court under aedpa is the law at the time of the statecourt adjudication on the merits not at the time the conviction becomes final

Answer: (B)

Question: judge is provided for in Ind. P-C.R. 1, 4(b), it is not automatic as Barclay asserts. Instead, "the rule requires the judge to examine the affidavit, treat the historical facts recited in the affidavit as true, and determine whether these facts support a rational inference of bias or prejudice." Jackson v. State, 643 N.E.2d 905, 907 (Ind.Ct.App.1994), trans. denied (citing State ex rel. Whitehead v. Madison County Circuit Court, 626 N.E.2d 802, 803 (Ind.1993)). Barclay's affidavit presents the fact that the trial court judge accepted his guilty plea without an adequate factual basis as his evidence of bias. Even taking this assertion as true, it does not support a rational inference of bias or prejudice. See Smith v. State, 613 N.E.2d 412, 414 (Ind.1993), reh'g denied, cert, denied (<HOLDING>); Jackson, 643 N.E.2d at 907 (holding that the
Holding statements: (A) holding that the fact that a judge had ruled against the defendant is not a basis for finding the judge prejudiced (B) holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion (C) holding that the fact that the judge received adverse publicity for granting postconviction relief in another case did not require the judge to recuse herself (D) holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith (E) holding that counsel was not ineffective for not filing a motion to recuse the judge who presided at trial when the judge had also prosecuted a prior case that was used to enhance the current case

Answer: (C)

Question: toward accomplishing this end." I believe that the focus in (i)(8) should not be on whether the murder furthered the escape. Whether a murder was committed to further an escape or to avoid an arrest is specifically addressed by Tenn.Code Ann. 39 13204(i)(6). The focus in (i)(8), however, is on the defendant's status when the murder was committed. I believe that circumstance (i)(8) was codified to provide protection to society from escaped convicts who are less likely to be deterred by the prospect of further confinement from committing additional crimes. The danger Odom posed to society as a desperate escaped convict needing ase. The third prong encompasses a murder that occurs "during escape from lawful custody or confinement." See State v. Workman, 667 S.W.2d 44, 49 (Tenn.1984) (<HOLDING>). If this language is construed only to
Holding statements: (A) holding i8 applicable when a fleeing defendant killed officer who had arrested and escorted defendant from a wendys restaurant (B) holding that the initial stop by officer was based on reasonable suspicion that defendant was impersonating a police officer although another officer arrested defendant for privacy act violation (C) holding that plaintiff had not stated an equal protection claim where plaintiff had not alleged that the defendant treated him differently from anyone else who both had problems with alcohol and had been arrested (D) holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon (E) holding a police officer who was pursuing a fleeing suspect was immune from his torts when he ran a red light and collided with plaintiffs vehicle

Answer:
(A)