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: make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State's motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client's behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, U.S. , , 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this
Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal

SOLUTION: (C)

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: well-being, and failed to comply with the provisions of a court order that established the actions necessary to obtain the children's return. See Tex. Fam. Code Ann. 161.001(b)(1)(D), (E), (O) (West Supp. 2016). The jury also found that clear and convincing evidence showed that termination of S.J.'s and B.P.T.'s parental rights is in the children's best interest. See id. 161.001(b)(2). Both appellants' court-appointed appellate attorneys have filed motions to withdraw and Anders briefs, in support of those motions, stating that after diligently reviewing the record, they believe that an appeal is frivolous. See Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967); see also In re K.M., 98 S.W.3d 774, 776-77 (Tex.App. Fort Worth 2003, no pet.) (<HOLDING>). The briefs meet the requirements of Anders by
Holding statements: (A) holding that in parental termination proceedings the parent is entitled to effective assistance of counsel (B) recognizing that the statutory right to counsel in parental termination cases requires that the appointed counsel provide effective assistance (C) recognizing this substantial interest in context of termination of parental rights (D) holding that anders procedures apply in parental termination cases (E) recognizing that where the juvenile code sets forth specific procedures governing termination actions those procedures apply to the exclusion of the rules of civil procedure

SOLUTION:
(D)