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. 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: . . . there was a causal connection between the protected activity and the adverse employment decision[s]." Murray v. St. Michael's Coll., 164 Vt. 205, 210, 667 A.2d 294, 299 (1995). In Burlington Northern, the Supreme Court held that a plaintiff bringing a retaliation claim under Title VII need show only that "a reasonable employee [in the employee's situation] would have found the challenged action materially adverse," meaning that it well might have dissuaded a reasonable employee from engaging in the protected activity. 548 U.S. at 68. 34. Assuming, without deciding, that this is the standard to apply with respect to retaliation claims brought under 21 V.S.A. 710(b), we conclude that the limited video surveillance in this case in connectio v., 37 F.3d 1146, 1150 (5th Cir. 1994) (<HOLDING>). 35. But in this case, if the release
Holding statements: (A) holding that the former wife did not waive her attorneyclient privilege simply because the credibility of her claim that she relied on her husbands representations could be impeached by deposing her former attorney (B) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (C) holding that because a claimant testified that she had no insurance and could not afford treatment her failure to take medication for her symptoms is not a clear and convincing reason for discrediting her symptom testimony (D) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (E) holding that the employee was acting within the course of her employment when she died while returning from the workrelated session because her death occurred on a public highway which was brought within the scope of her employment by her employers requirement that she attend training at the state police academy

SOLUTION: holding that the former wife did not waive her attorneyclient privilege simply because the credibility of her claim that she relied on her husbands representations could be impeached by deposing her former attorney

PROBLEM: 924(c) conviction is invalid after Bailey and Bousley, it argues we are prohibited from reaching the merits of his claim because Abdullah did not present his Bailey/Bousley challenge on direct appeal or in the 2255 proceedings below. Alternatively, the government argues the claim is barred by AEDPA's one-year limitations period. We assume for purposes of this appeal that Abdullah did not procedurally default his Bailey claim by failing to raise it on direct appeal. Notwithstanding such an assumption, we conclude the claim is barred because Abdullah failed to adequately raise the issue before the district court in this 2255 proceeding. Generally, a habeas claim cannot be raised by a petitioner for the first time on appeal. See, e.g., Petty v. Card, 195 F.3d 399, 400 (8th Cir.1999) (<HOLDING>), cert. denied, U.S. -, 121 S.Ct. 78, 148
Holding statements: (A) holding that issues not raised before the district court cannot be raised for the first time before this court (B) holding that the convention claim was procedurally defaulted (C) holding that court may address procedurally defaulted claim on the merits where it is more efficient to do so (D) holding that habeas claim not included in petition and never raised by petitioner before the district court as basis for habeas relief is procedurally defaulted (E) holding that an argument not raised before the district court is procedurally defaulted

SOLUTION: holding that issues not raised before the district court cannot be raised for the first time before this court

PROBLEM: about the safety threat posed by people congregating around the corner. (Tr. at 18) ("On that corner of 174 and University, there is a 24-hour bodega that a lot of people hang out there, so I didn't want to make the car stop at that location, just for tactics and safety reasons.") Cf. United States v. Brown, 273 F.3d 747, 748 (7th Cir.2001) ("A nighttime traffic stop, especially in an area where crime is not a stranger, is more fraught with potential danger to an officer than would be a stop during the light of day."). Therefore, Officer Fogarty was justifiably concerned that "the weapon's undetected presence pose[d] a danger to the police or to the public." Jones, 154 F.Supp.2d at 629; accord United States v. Simmons, No. 02 Cr. 314, 2003 WL 145261, at *6 (E.D.N.Y. Jan. 9, 2003) (<HOLDING>). Indeed, the inherent danger posed to police
Holding statements: (A) holding that statements by defendant and apartment manager that defendant lived in the apartment where drugs were found demonstrated his control over the apartment even though no documents personal effects or keys were found (B) holding that exception applies to statement by handcuffed defendant as to location of a gun in an apartment even where most of the other adults in the apartment were handcuffed because even assuming the executing officers believed that the residence was secure the circumstances were still sufficiently dangerous (C) holding that police seizure of weapon in plain view even though appellant was handcuffed and under the control of the officers was lawful because there were other occupants in the house who were not handcuffed and who would have had access to the weapon (D) holding that exception applies to statement by handcuffed parolee concerning whereabouts of a gun in an apartment where parole officers had specific information from a third party that a gun was likely present in the apartment (E) holding that the exception applies to statement by handcuffed defendant giving location of a gun in an apartment where officers found loose ammunition iri a closet and other members of the household including children were present

SOLUTION:
holding that statements by defendant and apartment manager that defendant lived in the apartment where drugs were found demonstrated his control over the apartment even though no documents personal effects or keys were found