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: 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: statute and provides for a specific penalty of a fine of $1250. Id. § 321 J.2(2)(a)(2); see State v. Daniel, 574 N.W.2d 333, 335 (Iowa 1998) (“[T]he district court may not use the penalty provisions provided in section 903.1(1) if a specific penalty is provided in another statute.”). Because section 903.1 is only applicable “if a specific penalty is not provided fo'd’ and section 321J.2 does provide for a specific penalty, section 903.1 is not applicable as to the fine portion of the sentence. Iowa Code § 903.1(1) (emphasis added). Furthermore, as we noted above, we read general and specific statutes together, but if an irreconcilable conflict exists between the general and specific statutes, then the specific statute prevails. Lutgen, 606 N.W.2d at 314; see Lee, 561 N.W.2d at 354-55 (<HOLDING>); Sandifer, 570 N.W.2d at 257 (same). In this 
 Holding statements: (A) holding that section 1001 controls over the limitations provision of the wrongful death statute (B) holding a specific sentencing statute controls over the general sentencing provisions of section 9031 (C) recognizing that a specific statute controls over a general one (D) holding that specific statutory provisions take priority over general statutory provisions (E) holding that specific statutes create exceptions to general statutes therefore if a provision of a specific statute is inconsistent with one in a general statute on the same subject the specific statute controls

A: (B)
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Q: It is not the Court’s function to weigh the evidence that might be presented at a trial; instead, the Court must merely determine whether the complaint is legally sufficient. Goldman v. Belden, 754 F.2d 1059, 1067 (2d Cir.1985). Thus, the Court must accept the allegations of the complaint as true, and construe all reasonable inferences in favor of the plaintiffs. Koppel v. 4987 Corp., 167 F.3d 125, 127 (2d Cir.1999); Connell v. Signoracci, 153 F.3d 74 (2d Cir.1998); LaBounty v. Adler, 933 F.2d 121, 123 (2d Cir.1991). 2. Rule 9(b) Rule 9(b) provides that “[i]n all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.” Fed. R.Civ.P. 9(b). See also Plount v. American Home Assurance Co., Inc., 668 F.Supp. 204, 206 (S.D.N.Y.1987) (<HOLDING>). The Second Circuit has held that allegations 
 Holding statements: (A) holding that the rico bar applies even where the plaintiff does not have standing to bring a securities fraud action (B) holding that state courts have concurrent jurisdiction over rico claims and that plaintiffs federal rico claim was barred by res judicata since he failed to bring his rico claim along with his state fraud claims in prior state court action (C) holding that the concerns that require fraud to be pleaded with particularity are even more urgent in a civil rico action (D) holding that plaintiffs must provide more than conclusory allegations to satisfy rule 9bs requirement that circumstances of fraud be pleaded with particularity (E) holding that because civil rico is penal in nature illinois twoyear statute of limitations for actions based on a statutory penalty applies to civil rico claims

A:
(C)
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