instruction:
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.
question:
the Society over in Russia when the company began to sell its SMIRNOV vodka there. A pending litigation in a foreign country between essentially the same parties, even one that concerned a slightly different topic, has been found to create a objectively reasonably apprehension of suit. See Ethicon, Inc. v. American Cyanamid Co., 369 F.Supp. 934, 936-37 (D.N.J.1973). Therefore, even though it appears as if the defendants have never directly threatened the plaintiffs with legal action in the United States, the court concludes that the plaintiffs have introduced sufficient evidence to support their claim that they reasonably feared a lawsuit if they attempted to enter the U.S. market. Cf. Simmonds Aerocessories, Ltd. v. Elastic Stop Nut Corp. of America, 257 F.2d 485, 490 (3d Cir.1958) (<HOLDING>). Nevertheless, because the court finds that
Holding statements: (A) holding that the declaratory judgment act is a procedural device (B) recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction (C) holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment (D) holding that letter stating that the defendant was fully prepared to take all necessary legal action in order to protect defendants work was sufficient to show an actual threat of litigation and created a case or controversy for the purposes of the declaratory judgment act (E) recognizing that it is not essential for there to be a direct threat of litigation in order to invoke the declaratory judgment act
answer:
(E)

question:
the words of Mr. Chief Justice Marshall, 'is of the very essence of judicial duty."\u2019) (internal citation omitted); Columbia Falls Elem. Sch. Dist. No. 6 v. State, 326 Mont. 304, 109 P.3d 257, 260-61 (2005) (rejecting Baker v. Carr-based political question argument and concluding that, "[a]s the final guardian and protector of the right to education, it is incumbent upon the court to assure that the system enacted by the Legislature enforces, protects and fulfills the right [to education]"); Claremont Sch. Dist. v. Governor, 138 N.H. 183, 635 A.2d 1375, 1381 (1993) (concluding that constitutional right to adequate education is justiciable and that "any citizen" has standing to "enforce the State's duty" to fulfill this right); Abbott v. Burke, 149 N.J. 145, 693 A.2d 417, 428-29 (1997) (<HOLDING>); Campaign for Fiscal Equity, Inc. v. State, 86
Holding statements: (A) holding in the absence of exceptional circumstances deference should be given to trial court (B) holding that a school board policy prohibiting employees from sending their children to private schools interfered with employees constitutional right to control the education of their children (C) holding that while legislative findings are due deference that cannot foreclose a courts constitutional analysis (D) holding that a trial courts statutory interpretation is given no deference on review (E) holding that while deference should be given to legislative content and performance standards it is still the courts duty to ensure that these standards together with funding measures comport with the constitutional guarantee of a thorough and efficient education for all new jersey school children
answer:
(E)

question:
and verse in the Bible where the Lord's Prayer appears; how many chapters are in the Bible; the content of Psalm 23) constituted "an impermissible governmental inquiry into religious dogma and practice." Mejia-Paiz v. INS, 111 F.3d 720, 727-29 (9th Cir.1997) (Ferguson, J., dissenting). 4 . The Government argues that Golkar should have corroborated his account of his conversion, but absent a legitimate reason to doubt Golkar's "direct and specific" testimony about his conversion, corroborating evidence is not required. Kaur, 379 F.3d at 889-90. RAWLINSON, Circuit Judge, dissenting: I respectfully dissent. In my view, we are not compelled to find that the Immigration Judge's (IJ) adverse credibility determination was erroneous. See Mansour v. Ashcroft, 390 F.3d 667, 671 (9th Cir. 2004) (<HOLDING>). If even one of the bases supporting the
Holding statements: (A) holding that an ij made an explicit credibility when the ij found testimony not credible based on several enumerated inconsistencies (B) holding that where the ij finds the petitioner to be credible his testimony must be accepted (C) holding that contrary determination must be compelled to reverse the ij (D) holding that the ij must make clean determinations of credibility (E) holding that we will not reverse in the absence of prejudice
answer:
(C)