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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: — cannot alone support guilty verdicts. There must be some further evidence adduced indicating the defendant’s commission of the charged criminal acts. See United States v. Glenn, 312 F.3d at 69; United States v. Scheibel, 870 F.2d 818, 822 (2d Cir.1989); United States v. Johnson, 513 F.2d 819, 824 (2d Cir.1975). True enough. But these cases do not hold that, if such actus reus evidence is adduced, there is some temporal limit on the jury’s consideration of consciousness-of-guilt evidence to establish mens rea. Indeed, if flight or false exculpatory statements were indicative only of a defendant’s knowledge and intent at the time of those actions, the evidence would be irrelevant to the charged crime and properly excluded. Instead, the law admits consciousness-of-gui 209 (2d Cir.2004) (<HOLDING>). (4) The Admissions to Goldsmith Still further 
 Holding statements: (A) holding defendants false exculpatory statements admissible to show consciousness of guilt (B) recognizing that evidence of government knowledge of the defendants conduct could be part of a defendants argument that it did not knowingly submit false claims (C) holding parties to an exculpatory clause where the parties intent is clear (D) recognizing that defendants attempt to persuade a witness to make false exculpatory statements is probative of guilty knowledge and intent (E) holding that defendants attempt to mislead a client by providing it with false information was illegal witness tampering because defendant was trying to corruptly persuade or mislead the client with the intent of influencing its potential testimony before the grand jury

Answer: holding defendants false exculpatory statements admissible to show consciousness of guilt


Question: is tied to the challenged retaliatory act, not the' underlying conduct that forms the basis of the Title VII complaint”). 1. Basic Contributor Rating LMC does not dispute that a basic contributor rating is an adverse employment action and that the action took place after Dr. Chawla’s August 2, 2011 and September 22, 2011 complaints. On September. 29, 2011, Mr. Hooker was notified that he was the subject of an investigation of Dr. Chawla’s complaints. Docket No. 37-2 at 5. However, Dr. Chawla does not contest that Mr. Nichols had a role in assigning the basic contributor rating and identified no specific facts upon which to conclude that Mr. Nichols was aware of Dr. Chawla’s prior complaints of discrimi nation. See Hinds v. Sprint/United Mgm’t Co., 523 F.3d 1187, 1203 (10th Cir.2008) (<HOLDING>). Dr. Chawla also does not attack the stated 
 Holding statements: (A) holding that in order to show a causal connection plaintiff must present evidence from which a reasonable factfinder could conclude that those who decided to fire him had knowledge of his protected activity (B) holding that to establish a causal connection plaintiff must show that the individual who took adverse action against him knew of the employees protected activity (C) holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury (D) holding that the plaintiff failed to show retaliation where there was no evidence that the employees who disciplined him knew of his protected activity (E) holding that in addition to temporal proximity plaintiff must show further evidence supporting a causal connection

Answer: holding that to establish a causal connection plaintiff must show that the individual who took adverse action against him knew of the employees protected activity


Question: Inc., No. 08 Civ. 5653(PAC), 2011 WL 3874821 (S.D.N.Y. Aug. 16, 2011) ("NJ v. DLJ"); NJ Carpenters, 272 F.R.D. 160 (finding Rule 23(a) requirements were met, but not Rule 23(b)(3) requirements). 59 . DI 294, at 30-33. 60 . Pub. Emps.' Ret. Sys. v. Merrill Lynch & Co. Inc., 714 F.Supp.2d 475, 484 (S.D.N.Y.2010) (stating Section 12(a)(2) standing is limited to “persons who have directly purchased the securities from underwriting defendants in the subject public offering(s), and not in the secondary market”); In re Sterling Foster & Co., Inc., Sec. Litig., 222 F.Supp.2d 216, 244 (E.D.N.Y.2002) ("[P]urchasers in private or secondary market offerings are precluded from bringing actions under Section 12(a)(2).”). 61 . DI 294, at 30; DI 300, at 17. 62 . See IndyMac I, 718 F.Supp.2d at 513 (<HOLDING>). 63 . This of course means that it does not 
 Holding statements: (A) holding that a party waived the claims she failed to pursue in her merit brief (B) holding that because  544b1 provides only the power of avoidance it does not confer authority on the trustee to pursue state law damage claims but that the trustee could pursue such claims under  544a1 or 2 if the claims could have been asserted by the debtor corporation (C) holding pinter analysis to apply to claims arising under  12a2 (D) holding that a trustee had no standing to pursue claims of fraud against the debtors accountant because under connecticut law those claims belonged to investors (E) holding wyoming only had standing to pursue section 12a2 claims as to indx 2006ar11

Answer:
holding that a party waived the claims she failed to pursue in her merit brief


