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.
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Question: be ascertained from the creating instrument, the permissible uses of an easement acquired by prescription are necessarily defined by the use of the servient land during the prescriptive period.”). In French, plaintiffs acquired a prescriptive right of user over a roadway for certain discrete purposes based on their past use of the property. We concluded that plaintiffs were not entitled to make a different use of the roadway because it would increase the burden on the servient estate and it would extend the right acquired by plaintiffs’ prior use of the property. French, 135 Vt. at 80, 369 A.2d at 1388. Thus, French does not support plaintiffs’ assertion that the reasonable use of the right>of-way at issue here depends on its historical use. Cf. Nelson, 113 Vt. at 172, 32 A.2d at 146 (<HOLDING>). Moreover, as previously discussed, we agree 
 Holding statements: (A) recognizing that an easement may entitle the easement owner to do acts which were not for the easement would constitute a nuisance (B) holding that one who possesses deeded easement need not use the easement to maintain his title and easement cannot be extinguished from nonuser alone (C) recognizing that where a grantee has an easement which he shares with others his duty to repair and maintain it must be apportioned with all other easement holders based upon the extent of the individuals use of the easement (D) holding that an easement agreement and an unrecorded easement plan created an easement (E) recognizing that one cannot have an easement in his own land

Answer: (B)


Question: we held that, The penetration offense alleged in the first indictment clearly required a separate and distinct act (involving appellee’s sexual organ with the child’s female sexual organ) from the act alleged in the second indictment (which involved appel-lee’s mouth with the child’s sexual organ). In this case the second indictment alleged that appellee caused the child’s sexual organ to contact his mouth ency with a child statute is the prohibited conduct. Appellant concedes to this view, the plain language of the statute supports it, and so does our caselaw. See Harris, 359 S.W.3d at 630 (stating that a grammatical analysis suggests that the unit of prosecution for indecency with a child by exposure is the exposure and, ultimately, adopting that viewpoint); Pizzo, 235 S.W.3d at 718 (<HOLDING>); see also Wallace v. State, 550 S.W.2d 89, 91 
 Holding statements: (A) holding that three phrases contained within the same subsection of the indecencywithaehild statute defined three separate offenses for juryunanimity purposes when separated in the disjunctive (B) holding that a similar statute created separate offenses (C) holding that three denied promotions over the course of three years where the decisions were made by three different selection officials and involved different qualifications were not sufficiently related to constitute a continuing violation (D) holding that the federal carjacking statute as it existed when the defendant was indicted established three separate offenses rather than a single offense with a choice of three maximum penalties and recognizing that this construction avoided serious constitutional questions on which precedent is not dispositive (E) holding that the legislature can define separate offenses within the same statutory subsection even if the acts are in close temporal proximity

Answer: (A)


Question: course of action with respect to its short positions,” Aristocrat Leisure, 618 F.Supp.2d at 307, evidence relating to the Non-Consequential Damages Parties’ hedging strategies is particularly probative of the reasonableness of the Consequential Damages Parties’ actions. Therefore, because evidence of Non-Consequential Damages Parties’ hedging strategies has some “tendency” to make the reasonableness of Consequential Damages Parties’ hedging actions “more probable or less probable than it would be without the evidence,” such evidence is relevant. Fed.R.Evid. 401. To the extent that the Non-Consequential Damages Parties seek to proffer evidence not relating to their hedging strategies, that testimony is not relevant and will be cut-off by the Cou L 490740, at *3 (D.Conn. Mar.2, 2000) (<HOLDING>). The Bondholders also argue that allowing some 
 Holding statements: (A) holding that any probative value of bolstered testimony is substantially outweighed by the danger of unfair prejudice confusion of issues or misleading the jury quoting  90403 fla stat (B) holding that inextricably intertwined evidence is intrinsic evidence that is admissible if its probative value outweighs the danger of prejudice (C) holding that prior conviction shall be admissible evidence for impeachment purposes unless danger of undue prejudice substantially outweighs probative value (D) holding in a criminal context that the probative value of evidence of other crimes is not substantially outweighed by danger of unfair prejudice where the court will give a limiting jury charge (E) holding that the probative value of contested evidence far outweighed any danger of unfair prejudice where any potential unfair prejudice was cured by a limiting jury instruction

Answer:
(D)