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.

Q: the Title VII limitations period is an affirmative defense; rather, it referred to the filing period as something "like a statute of limitations” which "generally create affirmative defenses.” See Gordon, 675 F.2d at 360. Furthermore, Gordon's discussion came in response to the defendant’s (rejected) claim that the filing period was jurisdictional and did not purport to address, let alone decide, whether compliance with the filing deadline was condition precedent or an affirmative defense. 13 . Plaintiffs have not argued waiver, estoppel, or that the doctrine of equitable tolling should apply to cure their tardy filings, and based on the facts before us, we see nothing demanding their application. See, e.g., Biester v. Midwest Health Servs., Inc., 77 F.3d 1264, 1267 (10th Cir.1996) (<HOLDING>). 14 . Rather, each housekeeper who was told to 
 Holding statements: (A) holding that equitable tolling of a statute of limitations may be triggered 1 where a plaintiff has actively pursued his judicial remedies by a filing a defective pleading during the statutory period or 2 where a plaintiff was induced or tricked by his adversarys misconduct into allowing the filing deadline to pass (B) holding that equitable tolling applied where insurance company statements and conduct lulled plaintiff and his attorney into believing that plaintiffs uninsured motorist claim was properly filed (C) recognizing equitable tolling in the title vii context where the plaintiff has been deceived lulled into inaction actively misled or has in some extraordinary way been prevented from asserting his or her rights quotations and citations omitted (D) holding equitable tolling appropriate where a party is prevented in some extraordinary way from exercising his rights (E) holding title vii subject to equitable tolling

A: (C)
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Q: in that the timely filing of such claims is both mandatory and jurisdictional. That limitation derives from the proposition of sovereign immunity. It is well established that a claim against the United States is barred absent waiver of sovereign immunity, “ ‘and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit.’ ” United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976) (quoting United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941)). A waiver of immunity cannot be implied; it must be “unequivocally expressed in the statutory text.” Lane v. Pena, 518 U.S. 187, 192, 116 S.Ct. 2092, 135 L.Ed.2d 486 (1996); FDIC v. Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994) (<HOLDING>). The United States has expressly consented to 
 Holding statements: (A) holding that the waiver of sovereign immunity must be clear and unequivocal (B) holding that the united states is liable for interest only in the event of a clear statutory waiver of sovereign immunity (C) recognizing federal constitutional claim against the united states (D) holding that federal courts have no subject matter jurisdiction to hear a claim against the united states or one of its agencies absent a clear waiver of sovereign immunity (E) holding that a lack of a waiver of sovereign immunity deprives federal courts of subject matter jurisdiction

A: (D)
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Q: we overrule appellant’s first point of error. B. Finger-Counting and Hand-Clapping Tests In appellant’s second point of error, he contends that the trial court erred by admitting Trooper Pickett’s testimony concerning the manner in which appellant performed two other field sobriety tests, the “finger-counting” and “hand-clapping” tests. Appellant argues his performance of these tests constituted testimonial acts done prior to receiving his Miranda warning, which rendered testimony concerning appellant’s performance inadmissible. Appellant bases his argument upon the United States Supreme Court’s holding in Pennsylvania v. Muniz, 496 U.S. 582, 110 S.Ct. 2638, 110 L.Ed.2d 528 (1990), as followed in Texas by Vickers v. State, 878 S.W.2d 329 (Tex.App.—Fort Worth 1994, pet. ref'd) (<HOLDING>). However, the Court of Criminal Appeals has 
 Holding statements: (A) holding that the trial court erred by admitting a doctors testimony that a child victims description of a sexual crime was very believable (B) holding that the trial court erred by granting the defendants motion to dismiss (C) holding that after review the minutes were unambiguous and the trial judge erred in admitting parol evidence (D) holding that the trial court erred by not considering whether ordering blood tests to disestablish paternity was in the best interest of the child (E) holding that trial court erred by admitting a video showing suspect taking sobriety tests consisting of the recitation of the alphabet from f to w and counting backwards from 90 to 75

A:
(E)
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