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: whether the Bank was motivated, in whole or in part, by Strate’s association with her disabled newborn child, then summary judgment was improperly granted for the Bank. The evidence establishes that Strate gave birth to her disabled child on April 20, 2001, enrolled the child in the Bank’s group healthcare plan on April 24, 2001, and was notified that her job had been eliminated on July 2, 2001, approximately two months later. It is undisputed that Ziegler knew about the child’s disability when he made the decision to eliminate her job. On rare occasions, a close temporal connection between a protected activity and an adverse employment action may be sufficient to create an inference of retaliation. See,e.g., Bassett v. City of Minneapolis, 211 F.3d 1097, 1105-06 (8th Cir. 2000) (<HOLDING>) (citing cases). It follows that close temporal 
 Holding statements: (A) holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection (B) holding that a temporal link between protected activity and an adverse employment action may in some cases be sufficient to create an inference of retaliation (C) holding that temporal proximity between the alleged retaliators knowledge of a protected activity and an adverse employment action may be sufficient to establish causal connection or retaliatory motive in some cases (D) holding that a threeyear gap between the protected activity and the adverse employment action was insufficient to support an inference of causation (E) holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action

SOLUTION: (B)

PROBLEM: opens the door by suggesting the victim’s behavior is inconsistent with that of an abused child. As noted below, many other courts have allowed testimony that a child victim’s behavior or symptoms are “consistent with” child abuse trauma as rebuttal evidence. That is not what happened in this case. Just two years ago, in State v. Favoccia, the Supreme Court of Connecticut thor oughly reviewed the conflicting precedent and policy considerations in reaching the same conclusion we reach today. 306 Conn. 770, 51 A.3d 1002, 1012-22 (2012). The Favoccia court overturned its own precedent to hold that “the trial court abused its discretion in permitting [the expert] to testify about the complainant’s behaviors being consistent -with those generally characteristic 6, 671 N.E.2d 984, 985 (1996) (<HOLDING>); State v. Chamberlain, 137 N.H. 414, 628 A.2d 
 Holding statements: (A) holding that the trial court had abused its discretion in dismissing the case without allowing appellants an opportunity to amend (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding admission of expert testimony not erroneous where expert described typical traits and characteristics of sexually abused children (D) holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case (E) holding that the testimony of an expert witness is admissible when the witness outlines the general characteristics of sexually abused children and then states that the victims symptoms are consistent with those characteristics

SOLUTION: (D)

PROBLEM: to the State and beneficial to the accused." Nettles, 565 N.E.2d at 1066-1067, 1069. On appeal, the defendant argued that the trial court erred in refusing to give his tendered instruction. Id. at 1068. The Indiana Supreme Court found "nothing in [the] record to justify the conclusion that the police engaged in any willful conduct in destroying evidence." Id. at 1069. The Indiana Supreme Court also held that "negligent handling of evidence will not be grounds for reversal unless it can be demonstrated that police acted deliberately" and conelud- ed that the trial court was correct in refusing to give the tendered instruction. Id. Here, the dura from the left side is potentially useful evidence because it had not been tested but could have been subjected to tests. See id. at 1067 (<HOLDING>). Ray does not argue that the State acted in 
 Holding statements: (A) holding that film negatives and master recordings were tangible personal property even though they were valued in part for their intellectual content because they were also physically useful in the manufacturing process (B) holding in securities fraud case that defendants who were the subject of criminal investigation were not bound to predict the likelihood that they would be indicted but were required to disclose material facts that would potentially endanger the companys future financial performance (C) holding the state law claims were not preempted (D) holding that repeated remarks about need to bring in new blood or young blood by one of the decisionmakers were not stray remarks and may permit inference of discrimination (E) holding that blood samples that were not preserved by the state were potentially useful evidence

SOLUTION:
(E)

