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: as late as February 1994, although the wife stated that she did not think that she lived with them for longer than one year. The wife testified that, during the time that she lived with the husband’s parents, they helped her financially. It appears that the trial court may have considered the husband’s obligation to support the wife suspended during the time that she lived with his parents, as the order reflects that it calculated arrearage beginning in February 1994. Alimony arrearage is a final judgment as of the date due and is not subject to modification. Harris v. Harris, 553 So.2d 129 (Ala.Civ.App.1989). In some instances alimony obligations can be satisfied by means other than direct payment from the husband to the wife. See, Swindle v. Swindle, 429 So.2d 601 (Ala.Civ.App.1983) (<HOLDING>); Frazier v. Frazier, 455 So.2d 883 
 Holding statements: (A) holding that the proceeds of a liability insurance policy were not property of the estate (B) holding that insurance obligation was primary to indemnity obligation (C) holding that the standard fire policy and a broader homeowners policy were so intertwined that the prescriptive period in the standard fire policy applied to nonfire perils (D) holding that obligation to pay mortgage on home was satisfied by payment of fire insurance proceeds where husband maintained fire insurance policy (E) holding that when the house  is destroyed by fire and there exists thereon a policy by insurance the money arising therefrom stands in the place instead of such house  the proceeds of the policy therefore take the place of the property loss

Answer: (D)


Question: Plaintiff did not meet the notice requirements of the CFRA and the FMLA. Plaintiff did not notify Defendant in advance that Plaintiff would be absent from March 31, 2014 through April 3, 2014. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo., Exhs. Vol. II. Additionally, Plaintiff did not call in sick or ask someone to call Defendant on his behalf on any of those four days of absence, even though Plaintiff made 26 phone calls to individuals or entities other than McCale or Defendant. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo,, Exhs. Vol. II. Thus, unlike in Avila, upon which Plaintiff relies, Plaintiff did not call in sick during his absence from March 31, 2014 through April 3,2014. See Avila, 165 Cal.App.4th at 1258, 82 Cal.Rptr.3d 440 (<HOLDING>). Moreover, two weeks prior to Plaintiffs 
 Holding statements: (A) holding that an issue is genuine if the evidence is sufficient to allow a reasonable jury to return a verdict for the nonmoving party (B) holding that absence from prior state was temporary during the time it was contemplated that the parent and child would return to the other state (C) holding that spouse was not required to return to work immediately upon divorce to avoid judicial imputation of income (D) holding that calling in sick during an absence and providing hospital forms describing the illness upon return to work is sufficient notice (E) holding a judgment in the absence of notice violates due process rights

Answer: (D)


Question: Taxes, Governing Magazine (Sept. 11, 2013), (explaining that the Affordable Care Act’s “transitional reinsurance fee will require state and local government employers to pay'$63 per covered individual each year” and noting the steps that McHenry County, Illinois, was taking to pay its $160,000 “transitional reinsurance fee”). And, as a' legal matter, the Court finds that HHS has rendered a “final agency action” through its notice-and-comment rulemaking. See Appalachian Power, 208 F.3d at 1020-21 & n. 12 (noting that notice-and-comment rulemaking published in the Federal Register constitutes final agency action for APA review); Navistar Int’l Transp. Corp. v. EPA, 941 F.2d 1339, 1361 (6th Cir.1991) (<HOLDING>). In HHS’s (first) final rule governing the 
 Holding statements: (A) holding it well settled that a final eis or the record of decision issued thereon constitute  final agency action  (B) holding that the final renewable agency action was taken when appropriate administrator signed the final rulemaking document designated in the federal register (C) holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence (D) holding a rod to be final agency action (E) holding fda seizure action did not constitute final agency action

Answer:
(B)