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: resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass’n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by 
 Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata (C) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (D) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (E) holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata

Output: (E)


Input: Consider Input: of death which does not meet these requirements is voidable by the donor (if he recovers) or his personal representative. Hulley v. Chedic, 22 Nev. 127,146, 36 P. 783 (1894). In other words, a gift in contemplation of death'is presumptively voidable by the personal representative of the deceased, and the presumption may be rebutted by the donee with clear and convincing evidence of the six elements listed above. Although Goldsworthy and Hulley are the only Nevada cases ever to have examined the gift causa mortis doctrine, and they have never been overruled, at least one Nevada case has suggested (in a different context) that the burden of proof may not be on the donee. North Arlington Medical Building, Inc. v. Sanchez Construction Company, 86 Nev. 515, 521, 471 P.2d 240, 244 (Nev.1970) (<HOLDING>). North Arlington is not really on point, 
 Holding statements: (A) holding a sentence within the advisory guidelines range is presumptively reasonable (B) holding that inter vivos gift to minor is presumptively effective under nrs 167040 (C) holding that the purpose of nrs 1760551 is to ensure that all time served is credited towards a defendants ultimate sentence (D) holding that belowguidelines sentence is presumptively reasonable (E) holding a delay approaching one year is presumptively unreasonable

Output: (B)


Input: Consider Input: and in response to the jurors’ question specifically asking if they could consider the local dealer. The district court submitted Eighth Circuit model jury instruction 9.01 on entrapment, replacing the clauses “(describe law enforcement officer or agents by name and capacity)” and “(officer or agent)” with the name of the cooperating California source because Kurkowski worked directly with that source, and the source was working with the police. The district court properly excluded the local dealer from consideration because the local dealer did not act on behalf, or at the request, of the police. United States v. Hawk, 276 F.3d 953 (8th Cir.2002) (jury instructions not challenged at trial are reviewed for plain error); United States v. Squillacote, 221 F.3d 542, 573 (4th Cir.2000) (<HOLDING>), cert. denied, 532 U.S. 971, 121 S.Ct. 1601, 
 Holding statements: (A) holding no derivative entrapment where middleman was induced by a government agent to commit crime responding to pressure takes it upon himself to induce another to participate in crime (B) holding an inducement to commit a crime by a private party who has no government involvement does not establish an entrapment defense (C) holding that inducement occurring before the informant was directed or supervised by the government could not support an entrapment defense (D) recognizing that entrapment is a statutory defense rooted in the notion that congress could not have intended to criminally punish those who commit elements of crime but are induced by the government to commit the acts and that outrageous conduct defense is rooted in constitutional law (E) holding the defendant is entitled to an entrapment instruction when sufficient evidence exists from which a reasonable jury could find entrapment


Output: (B)