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: to its policy holders. For example, the company’s purpose can be readily revealed to the policyholder by the addition of a single line or sentence to the declarations page or by defining the term “driver name.” Thus, this court concludes that the arguments of the defendant are unavailing and that although our holding in this case comports with that of the minority of jurisdictions, we are of the opinion that it represents the better public policy. “And we are also convinced that reasonable expectations of coverage raised by the declaration page cannot be contradicted by the policy’s boilerplate unless the declaration page itself clearly so warns the insured.” Id. at 347, 638 A.2d at 892; see also Elliott Leases Cars, Inc. v. Quigley, 118 R.I. 321, 327, 373 A.2d 810, 812 (1977) (<HOLDING>). In conclusion, therefore, we affirm the 
 Holding statements: (A) holding that duration of limitation is a factor in determining whether limitation is significant (B) holding that an ordinary reader in the face of such detail would be warranted in concluding that any significant limitation on collision insurance would have been explicitly noted (C) holding that the patentees argument that any shape would be equivalent to the conical limitation would write such a limitation out of the claim (D) holding that it is most improbable that a significant change to bankruptcy procedure would have been made without even any mention in the legislative history (E) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible

Answer: (B)


Question: position and whether the party would receive “an unfair advantage or impose an unfair detriment on the opposing party if not estopped.” Id. at 751, 121 S.Ct. 1808. The doctrine is designed to prevent “intentional self-contradiction” and is improperly applied “when the former position was the result of inadvertence or mistake.” Lampi Corp. v. Am. Power Prod., 228 F.3d 1365, 1377 (Fed.Cir.2000). Thus, the court does no disservice to the important purposes underlying holding parties to judicial admissions by acknowledging that a response to an injunctive action is an evolving position, and the facts and legal positions should be taken in view of the emerging facts as they become known to the litigating parties. See SanDisk Corp. v. Memorex Prod., Inc., 415 F.3d 1278, 1291 (Fed.Cir.2005) (<HOLDING>). It is also necessary to note that the 
 Holding statements: (A) holding that courts should avoid constructions that would render statutory text superfluous (B) holding that a transferee federal court should apply its interpretations of federal law not the constructions of federal law of the transferor circuit (C) holding that courts should not use doctrine of judicial estoppel to prevent evolution of arguments but should permit preliminary constructions made without full development of the record or issues to remain open to revision (D) holding that the issue of defendants actual knowledge should not be resolved on summary judgment but should be left to the trier of fact (E) holding courts should apply statutory constructions that make practical sense and do not frustrate legislative intent

Answer: (C)


Question: his jury waiver. The judgment of the Court of Appeals is affirmed. WHITE, J. joins with note: I join the opinion of the Court. However, I also agree with the reasoning in J. MEYERS’ concurring opinion. 1 . The Court of Appeals originally overruled appellant’s points of error on the ground that they were not preserved for review. Marquez v. State, No. 03-93-458-CR (Tex.App.—Austin Feb. 2, 1994) (unpublished opinion). On petition for discretionary review, this Court held that the points were properly preserved and remanded the cause for further proceedings. Marquez v. State, No. 266-94 (Tex.Crim.App. May 18, 1994) (unpublished opinion). 2 . The Sixth Circuit seems to reach a similar conclusion with regard to federal constitutional law. Sinistaj v. Burt, 66 F.3d 804 (6th Cir.1995) (<HOLDING>). Moreover, although the case has apparently 
 Holding statements: (A) holding that the federal constitutional right to a jury trial does not apply to decisions to impose consecutive sentences (B) recognizing the right to waive a jury trial (C) holding with or without a local rule so requiring failure to file motion to withdraw the reference when jury demanded was a waiver of right to jury trial (D) holding that there is both a statutory and a constitutional right to a jury trial under erisa because congress lacks constitutional authority to limit right to a jury (E) holding that a trial courts refusal to withdraw a jury waiver ordinarily does not implicate the federal constitutional right to a jury trial

Answer:
(E)