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:
fees for tax years 1995 through 1999, the parties stipulated that judgment was sought against Connie Ogg in rem only. 3 . Although it has been amended several times since its enactment in 1985, section 33.011 has always provided a process for a taxpayer to request a waiver of penalties and interest if the act or omission of an officer, employee, or agent of the appraisal district or taxing unit caused or resulted in the taxpayer’s failure to pay the tax before delinquency. See Tex. Tax Code Ann. § 33.011 (Vernon 2001). Here, the trial court stated in a finding of fact that the Oggs did not request a waiver of penalties or interest pursuant to section 33.011. The parties do not challenge that particular finding of fact. See McGalliard v. Kuhlmann, 722 S.W.2d 694, 696 (Tex.1986) (<HOLDING>). 4 . Act of May 24, 1979, 66th Leg., R.S., ch. 
 Holding statements: (A) holding unchallenged findings of fact are binding unless contrary is established as matter of law or there is no evidence to support finding (B) holding that unless an affirmative defense is established as matter of law defendant bears burden of obtaining jury findings necessary to support defense (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that judgment on the pleadings will not be granted unless the movant clearly establishes that there are no material issues of fact and that he or she is entitled to judgment as a matter of law (E) holding that motion to dismiss should not  be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law
answer:
(A)


question:
to the poisonous tree”) (quoting Olivares-Rangel, 458 F.3d at 1117). To be able to object to the police conducting an illicit protective sweep of the Gonzalez residence, Defendant would have to have some basis to claim that the sweep violated his rights. He does not. We conclude, therefore, that his subsequent detention was lawful. 2. Defendant’s detention occurred after the police had conducted the sweep of Gonzalez’s residence, and only an individual with a legitimate expectation of privacy in the residence could object to the sweep. After entering the garage, officers acted reasonably in detaining Defendant when they caught him red handed with large quantities of marijuana, cuttings tools, and scales in plain sight. See United States v. Turner, 553 F.3d 1337, 1344 (10th Cir.2009) (<HOLDING>). We reject any contention that the officers 
 Holding statements: (A) holding that the standard of probable cause applies to all arrests without the need to balance the interests and circumstances involved in particular situations thus an officer may without violating the fourth amendment arrest an offender if probable cause exists to believe that an individual has committed even a very minor criminal offense in his presence (B) holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it (C) holding that warrantless arrest based on probable cause did not violate the fourth amendment (D) holding a warrantless arrest by a law officer is reasonable under the fourth amendment where there is probable cause to believe that a criminal offense has been or is being committed (E) holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed
answer:
(D)


question:
defense, or a development in the controlling law that foreclosed the claim. The record here betrays no significant change in circumstances prior to trial that reasonably should have caused the plaintiffs to conclude that their claims were no longer viable. In fact, the most notable development in the case prior to trial sent a contrary signal: the court denied the Mayor’s post-discovery summary judgment motion as to the plaintiffs’ central political discrimination claim. While the fact that a claim has survived summary judgment is not, on its own, “entitled to decretory significance,” Foster, 943 F.2d at 144, it has some value in determining whether a claim was or became unreasonable or without foundation. See id.; Walker v. NationsBank of Fla. N.A., 53 F.3d 1548, 1559 (11th Cir.1995) (<HOLDING>); Jensen v. Stangel, 762 F.2d 815, 818 (9th 
 Holding statements: (A) holding that district court abused its discretion in finding suit unreasonable and groundless where inter alia the court had denied two prior summary judgment motions (B) holding district court abused its discretion in admitting state court findings of fact (C) holding that the trial court grants or denies motions for summary judgment on the basis of what is contained in the motions for summary judgment and the responses thereto (D) holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint (E) holding district court did not abuse its discretion in ruling on summary judgment motion where inter alia plaintiff had been given repeated notices court intended to rule on motion and it was plaintiffs burden to rebut defendants evidence
answer:

(A)