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: of the property. See C.R.E. 602; C.R.E. 701. However, there is no evidence in the record which establishes that Pomeranz ever paid a bill relating to the maintenance of the property or that he was personally responsible for any aspect of the maintenance because McDonald’s had been responsible for the payments for the past fifteen years. Because no adequate evidentiary foundation was laid for Pomeranz’s estimation of maintenance expenses on the property, it is impossible, absent pure speculation, to ascertain from the record how Pomeranz obtained the $4,800 estimation. The trial court's factual findings relating to future maintenance expenses are not sustained by either competent or adequate evidence and are therefore clearly erroneous. See Anderson, 170 Colo. at 13, 458 P.2d at 758 (<HOLDING>). The evidence presented by the petitioners on 
 Holding statements: (A) holding because defendant does not argue in his brief that these findings of fact are not supported by    evidence in the record this court is bound by the trial courts findings of fact (B) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (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 a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence (E) holding that where the original drug quantity determination is not specific enough for the district court to determine whether it has the authority to reduce a defendants sentence under  3582c2 that court may make new findings of fact that are supported by the record and are not inconsistent with the findings made in the original sentencing proceedings

A: (D)
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Q: Under section 22.011(c), a “child” is a person “younger than 17 years of age who is not the spouse of the actor.” Id. 22.011(c)(1). A “spouse” means a person who is legally married to another. Id. 22.011(c)(2). Legal marriage in Texas requires a marriage license or proof of an informal marriage. See Tex. Fam.Code Ann. §§ 2.001(b), 2.401 (Vernon 2006). A marriage license may not be issued for the marriage of persons of the same sex. See Tex. Fam.Code Ann. § 2.001(b). An informal marriage is solely recognized between a man and a woman. Id. § 2.401. Here, because the State clearly showed that J.B. is a male and that appellant is male, the evidence is legally sufficient to prove that appellant was not married to J.B. See Jacques v. State, 579 S.W.2d 247, 248-49 (Tex.Crim.App.1979) (<HOLDING>); Henson v. State, 638 S.W.2d 504, 505 
 Holding statements: (A) holding that money invested in voluntary investment plan during marriage was marital property because it was property acquired during marriage (B) holding that the law to be applied in determining the validity of  an outofstate marriage is the law of the state in which the marriage occurred (C) recognizing that basis for deportation was aliens misrepresentation about his marriage not the validity of his marriage (D) holding husband could not have marriage annulled because wife was pregnant by him at time of marriage (E) holding that appellants substantive rights were not prejudiced by omission in indictment that complainant was not the spouse of the defendant because it had been clearly shown that both appellant and complainant were male and that they could not have obtained marriage license nor entered into commonlaw marriage

A: (E)
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Q: that although the actions of the agent constituted a tort, the agent is not liable to the principal for damages arising from such actions because the agent was acting in accordance with the principal’s instructions); Gutting v. Jacobson, 184 Neb. 402, 167 N.W.2d 762 (1969) (stating that an agent is liable to the principal for violations of the agent’s fiduciary duties, but that a principal may by acquiescence release the agent from such liability); Kidd v. Maldonado, 688 P.2d 461 (Utah 1984) (finding that although the agent completed an earnest money agreement contrary to the principal-seller’s instructions, the seller ratified the agent’s acts when the seller read and signed the agreement); Restatement, supra, § 401, comment d. Cf., Putnam v. DeRosa, 963 F.2d 480 (1st Cir. 1992) (<HOLDING>); Warner v. Reagan Buick, 240 Neb. 668, 483 
 Holding statements: (A) holding that a declaratory judgment action was not the proper forum for the principal to make its bad faith argument which instead is properly asserted as a defense to the suretys claim against the principal for indemnification (B) holding that a principal does not have an action against his agent for indemnification based on the agents misrepresentations because the principal was not blameless in the misrepresentations made to the third parties (C) holding that plaintiff lacked standing to assert rico claim for mail fraud based on misrepresentations made to third parties (D) holding principal liable to third party for tort of agent despite lack of privity between principal and third party (E) holding a principal liable for its sales agents misrepresentations

A:
(B)
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