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: judgment of the district court denying his petition for a writ of habeas corpus. We assume the parties' familiarity with the fac appealability on ineffective assistance of counsel, the "cause" Hernandez assigns for his procedural default, suggests that it intended to allow review of the procedural bar. However, even assuming that the district court wished this court to review its procedural bar finding or that we would grant a certificate of appealability on this issue, the correctness of the district court's central holding that there was no error, constitutional or otherwise in the state trial court's charge on intent is dispositive. The test for finding charge-based constitutional error is a strict one. See Cupp v. Naughten, 414 U.S. 141, 146, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973) (<HOLDING>). We see no basis for finding a Fourteenth
Holding statements: (A) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error (B) holding that a trial court does not commit plain error unless the error is clear under current law (C) holding that any error was harmless and thus not plain error (D) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (E) holding that when defendant properly objects to charge error reversal required unless error was harmless

SOLUTION: (D)

PROBLEM: Cordova's final policymaking authority concerning the termination or transfer of employees. For the aforesaid reasons, I conclude summary judgment should enter against Singer on the 1981 and 1983 claims against the School District. B. Liability of Cordova under 1981. I have concluded the School District is not liable to Singer under 1981. I consider Defendants' additional argument concerning the 1981 claim since it remains of relevance to Singer's 1981 claim against Cor-dova. Defendants argue 1981 does not apply to religious discrimination and the claim should be dismissed insofar as it is based on such discrimination. See Shapolia v. Los Alamos Nat'l Lab., 992 F.2d 1033, 1036 n. 3 (10th Cir.1993); Manzanares v. Safeway Stores, Inc., 593 F.2d 968, 971 (10th Cir.1979) (<HOLDING>). Singer cites the holding in Shaare Tefila
Holding statements: (A) holding discrimination based on pregnancy was not sex discrimination (B) holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex (C) holding that a violation of 1981 requires purposeful race discrimination (D) holding that racial discrimination is not a personal injury tort (E) holding 1981 is directed to racial discrimination although not necessarily limited to the technical or restrictive meaning of race but does not apply to sex or religious discrimination

SOLUTION: (E)

PROBLEM: principal place of business in Boston, Massachusetts. Thus, in the absence of The Brigham, there would be complete diversity and this Cou (Ala.1984) (finding that a hospital can be liable as a seller of goods for breach of implied warranty of fitness for a particular purpose for using a defective suturing needle during surgery). This case law indicates that there may be a reasonable basis in law for the Plaintiffs' breach of warranty claims against The Brigham. The Plaintiffs argue that a hospital may have some duty to warn patients of defects in a medical device or drug by pointing to Massachusetts cases in which the courts held that a pharmacy has a duty to warn customers about side effects in certain circumstances. Cottam v. CVS Pharmacy, 436 Mass. 316, 764 N.E.2d 814, 823 (2002) (<HOLDING>); Brienze v. Casserly, No. 01-1655-C, 2003 WL
Holding statements: (A) holding that a corporation has a duty under rule 80b6 to provide someone who is knowledgeable in order to provide binding answers on behalf of the corporation (B) holding that employer has nondelegable duty to provide safe workplace (C) holding that there was not complete preemption because the applicable federal statute did not provide a private right of action to redress the same kind of injury alleged in the plaintiffs statelaw claims (D) holding that a pharmacy has a duty to provide a complete list of side effects when they provide a list that a customer would reasonably interpret as complete (E) holding that the defendant pharmacist had undertaken a duty to accurately warn of a drugs side effects with respect to the warning actually given but not a duty to warn of all possible side effects of the medication

SOLUTION:
(D)