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:
includes a determination of the significance, if any, of the TNRC's involvement. When the EPA in 1990 shifted from a "strict" to "substantial compliance" standard for private parties, it did so "to encourage private parties to perform voluntary cleanups of sites, and to remove unnecessary obstacles to their ability to recover their costs from the parties that are liable for the contamination." 55 FecLReg. at 8792-93. The EPA expressly recognized that requiring private parties to adhere to a set of mechanical rules would impede this objective. Thus the list of public comment provisions identified in 40 C.F.R. 300.700(c)(6) is only a "universe of requirements which are potentially relevant," and should "not be c Ry. Co. v. Gee Co., 2002 WL 31163777, at *30 (N.D.Ill. Sept.30, 2002) (<HOLDING>); AlliedSignal, Inc. v. Amcast Int'l Corp., 177
Holding statements: (A) holding that government involvement must be accompanied by public comment because a purpose of ncp is to ensure that those responsible for the cleanup receive citizens input regarding environmental conditions in the community (B) holding that public participation requirement was satisfied in part because the ncp policy is to allow potentially responsible parties an opportunity to comment before costs are incurred and no prps were denied an opportunity to comment (C) holding five day public comment period on a portion of an ea insufficient remanding for further public comment (D) holding that there was no abuse of discretion in denying mistrial based on a comment that the defendant was in prison where the comment provided the jury with little detail (E) holding that meetings with representatives of various affected parties were insufficient to meet public participation requirement because there was never an opportunity for the public at large to comment on the plan without explaining why such opportunity was necessary
answer:
(B)

question:
period under IAD never commenced); Fields v. United States, 698 A.2d 485, 489-90 (D.C. 1997) (rejecting prisoner's substantial compliance argument and recognizing that court is bound by Fex); State v. Greenwood, 665 N.E.2d 579, 581-82 (Ind. 1996) (requiring strict compliance with IAD procedures and recognizing that procedures are "not mere technicalities"); Pinto v. Warden, C.A. No. 972412, 1999 WL 49378, at *7 (Conn. Super. Jan. 20, 1999) (stating that "[wjhile it is true that earlier decisions of courts were split on when the 180 day period begins, the majority of courts ... have held that the period begins to run once the request is actually received by the appropriate court and prosecutor"); Commonwealth v. Flores, C.A. No. 91-493, 1998 WL 792466, at *3 (Mass. Super. Nov. 6, 1998) (<HOLDING>). 48 . 1993 WL 138993, at *1 (Del. Super. Apr.
Holding statements: (A) holding that a pro se prisoner complaint is deemed filed as of the date the prisoner gives the complaint to prison officials to be forwarded to the court (B) holding that an noa filed by a pro se prisoner is deemed filed on the date that the prisoner delivers it to prison authorities for mailing (C) holding that the language of the statute and the courts duty to apply the statute as written requires the court to interpret the statute to apply when the prisoner is sentenced without regard to the institution where the prisoner is incarcerated after the sentencing (D) holding that the iad as construed by fex requires that a prisoner must be tried within 180 days of the date when his request for disposition is actu ally received by the state in which the charges are pending not when the prisoner provides that request to his custodial authorities (E) holding time begins when the prisoner knows the important facts not when the prisoner recognizes their legal significance
answer:
(D)

question:
purposes of the OTCA, a "tort" is "the breach of a legal duty that is imposed by law, other than a duty arising from contract or quasi-contract, * * * which results in injury to a specific person or persons for which the law provides a civil right of action for damages or for a protective remedy." ORS 30.260(8) .... [The duty to refrain from unlawful employment practices] is a "legal duty that is imposed by law, other than a duty arising from contract or quasi-contract" within the meaning of ORS 30.260(8).... Accordingly, the unlawful employment practice that was the basis for this action constituted a "tort" within the meaning of the OTCA, and plaintiffs action was therefore subject to the provisions of the OTCA. Cf Urban Renewal Agency v. Lackey, 275 Or. 35, 38, 549 P.2d 657 (1976) (<HOLDING>). Id. The statute at issue here, Or.Rev.Stat.
Holding statements: (A) holding that there must be a tort distinguishable from or independent of the breach of contract in order for a party to bring a valid claim in tort based on a breach in a contractual relationship (B) holding that a state agencys breach of its statutory duty to assist individuals in reestablishing their business was a tort within the meaning of the otca (C) holding that a state is not a person within the meaning of 1983 (D) holding that the failure to act in good faith does not amount to an independent tort the breach of the implied duty under the ucc gives rise only to a cause of action for breach of contract (E) holding that the word tort is not technically construed and hence a fathers breach of the statutory duty to pay child support for his illegitimate child constitutes a tortious act within the meaning of the statute
answer:
(B)