TASK DEFINITION: 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.
PROBLEM: requirements under UFTA, Gulf and Security nevertheless contend that as a matter of law and of public policy the statute of limitations should not have commenced in this action until they obtained the default judgment against Clark in August of 1997 in California. ¶24 As far as the law is concerned, Gulf and Security vigorously argue under the mistaken assumption that a creditor may not assert an UFTA claim until after the underlying judgment is entered. This persistent assumption represents a fundamental misunderstanding of the law under UFTA. ¶25 Gulf and Security base their theory on our decision in Murphy v. Atkinson (1993), 262 Mont. 164, 864 P.2d 273, as well as a recent appellate court decision from California, Cortez v. Vogt (Cal.Ct.App. 1997), 60 Cal.Rptr.2d 841, 853-54 (<HOLDING>). In Murphy, we determined that a cause of 
 Holding statements: (A) holding that the twoyear time limitation of rule 3850 does not commence until the sentence becomes final (B) holding that statements and charges by municipality may not be amended in light of legislative purpose of shielding police and similar employees from harassment (C) holding that in view of legislative statements of policy and purpose of the ufta as a cumulative and additional remedy limitation period did not commence until debtorcreditor relationship existed after judgment was made final (D) 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 (E) holding that statements made in the course of negotiation were not contracts and such statements were merged into the final written agreement

SOLUTION: (C)

PROBLEM: at the La Vega site. The fact that the Esso station at La Vega ceased its operations in 1998 does not change the prospective nature of plaintiffs’ suit at the time it was brought. Moreover, in PauÉuxet the Court stated that it did not agree “with the reasoning which, apparently, led the Louisiana district court, following the Hamker decision, to dismiss a number of actions simply because no violations occurred on the dates the complaints were filed. A plaintiff who makes allegations warranting injunctive relief in good faith, judged objectively, may recover a penalty judgment for past violations even if the injunction proves unattainable.” Pawtuxet, 807 F.2d at 1094 (citing .1992); Umatilla Waterquality Protective Ass’n v. Smith Frozen Foods, Inc., 962 F.Supp. 1312, 1322 (D.Or.1997) (<HOLDING>). Accordingly, the court concludes as 
 Holding statements: (A) holding that wetlands adjacent to navigable waters are included in the term territorial waters (B) holding that a worker injured on actual navigable waters in the course of employment is covered under the lhwca (C) holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states (D) holding a discharge of pollutants is ongoing if the pollutants continue to reach navigable waters even if the discharger is no longer adding pollutants to the point source itself (E) holding that to achieve goals of cwa epa is required to establish and enforce technologybased limitations on individual discharges into the countrys navigable waters from point sources

SOLUTION: (D)

PROBLEM: calculated’ to ensure that notice reaches the alien.” Farhoud v. INS, 122 F.3d 794, 796 (9th Cir.1997) (quoting United States v. Estrada-Trochez, 66 F.3d 733, 736 & 736 n. 1 (5th Cir.1995)); cf. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 318, 70 S.Ct. 652, 94 L.Ed. 865 (1950) (finding that “notice must be such as is reasonably calculated to reach interested parties”). In this case, the INS simply followed the INA statute and chose a method of notice authorized by the statute — a method Congress itself determined was reasonably calculated to ensure proper notice. See 8 C.F.R. § 292.5(a) (1999); INA § 242B(a)(2), (c)(1), 8 U.S.C. § 1252b(a)(2), (c)(1) (1994). This method of notification does not violate an alien’s due process rights. See Farhoud, 122 F.3d at 796 (<HOLDING>); Wijeratne v. INS, 961 F.2d 1344, 1346 (7th 
 Holding statements: (A) holding that an alien is entitled to the fifth amendment guarantee of due process which is satisfied by a full and fair hearing (B) holding that alien need not receive actual notice for due process requirements to be satisfied (C) holding that the government need not prove actual notice to the prisoner (D) holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice (E) holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice

SOLUTION:
(B)