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.

Input: Consider Input: is limited in applicability to only cases, like this one, in which the total noneconomic damages awarded by the jury were in excess of both of the $250,000 caps and in excess of the $500,000 combined total of both applicable caps; the jury here awarded $1,725,000 in noneconomic damages. 29 . Chesser argues that because a jointly and severally liable defendant possesses a right of contribution, the statutory provisions at issue do not conflict. A right of contribution, however, presupposes that the defendant has actually paid the damages — that is, has already been civilly liable — for noneconomic damages in excess of the $250,000 cap applicable to that defendant, in violation of the express language of section 74.301(b). See Tex. Civ. Prac. & Rem.Code Ann. § 33.015(a), (b) (West 2008) (<HOLDING>). 30 . Appellees concede that Hospital remains 
 Holding statements: (A) recognizing a right to contribution (B) recognizing that prior to 1949 when the statute permitting contribution among joint tortfeasors was enacted no right of contribution existed between jointtortfeasors in delaware (C) recognizing contribution in the appropriate case (D) recognizing in both subsections a right of contribution when a defendant has paid a percentage of damages greater than his percentage of responsibility (E) recognizing right of contribution against joint tortfeasor where release is obtained on his behalf

Output: (D)


Input: Consider Input: Id. The district court excluded this portion of the expert’s testimony. Id. at 1397. Relying on Downing, the Third Circuit reversed. Id. at 1401. We agree that expert testimony on eyewitness identification may properly be admitted under Daubert in certain circumstances, but Stevens simply does not persuade us that the district court abused its discretion in the instant case. We note that here there were five eyewitness identifica tions, not one. Likewise, as counsel for the government pointed out at argument, there was also testimony that Mr. Smith changed his alibi. In this admittedly close case, we hold only that the district court did not abuse its discretion in excluding the testimony under the circumstances. See United States v. Blade, 811 F.2d 461, 465 (8th Cir.1987) (<HOLDING>); United States v. Smith, 736 F.2d 1103, 
 Holding statements: (A) holding admissible expert testimony concerning factors that may impair eyewitness identification and rejecting that concerning a particular eyewitness credibility and the statistical probability of eyewitness misidentification (B) holding no abuse of discretion to exclude expert eyewitness identification testimony where governments case relied on more than eyewitness identification (C) holding that the trial court did not err by failing to instruct the jury to consider certain additional factors in evaluating the validity of eyewitness identification testimony (D) holding that a specific instruction was unnecessary because eyewitness was crossexamined and the eyewitness testimony was discussed in defense counsels opening statement (E) holding exclusion of expert eyewitness identification testimony harmless error where governments case included three separate eyewitnesses and a palm print that discredited the defendants alibi

Output: (B)


Input: Consider Input: owner); Tucker v. Hankey, 173 Kan. 593, 250 P.2d 784, 788 (Kan. 1952) (“To constitute adverse possession of land, it is not absolutely necessary that there should be [enclosure, buildings, or cultivation. ...”). With respect to agricultural lands whose primary purpose is cattle grazing, courts have consistently held that the actual, physical, and hostile possession elements of an adverse possession claim may be satisfied simply upon a showing that the individual who claims to have adversely possessed the land has had his cattle graze on the disputed parcel. See, e.g., Thornburg v. Haecker, 243 Neb. 693, 502 N.W.2d 434, 438 (Neb. 1993); Davis v. Parke, 135 Ore. App. 283, 898 P.2d 804, 806 (Or. Ct. App. 1995); Overson v. Cowley, 136 Ariz. 60, 664 P.2d 210, 217-18 (Ariz. Ct. App. 1982) (<HOLDING>). As the Wyoming Supreme Court, in summarizing 
 Holding statements: (A) holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession (B) holding that a past arrest for possession without more is simply not enough to provide reasonable articulable suspicion that the person is currently in possession (C) holding that k no wing possession can be demonstrated by proof of either actual or constructive possession (D) holding that failure to follow gaap without more is insufficient to establish scienter (E) holding cattle grazing without more sufficient to establish actual possession element


Output: (E)