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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: and sold it to nonre-latives. We conclude that the evidence is not sufficient to rebut the presumption that the property is marital. The form of the transaction, while not dispositive, is compelling in the instant case because of Klem’s knowledge of, and experience with, joint tenancies. Klem was fully aware of how joint tenancies operated. As the husband of Hazel, he became the sole owner of Hazel’s family property as a surviving joint tenant, a fact he acknowledged during his deposition. Subsequent to his sole ownership of the property, he knowingly deeded the property to Larry and Colleen as joint tenants. In so doing, he gave both parties an interest in the property. See Melina v. Melina, 411 N.W.2d 204, 207 (Minn.App.1987); Erdahl v. Erdahl, 384 N.W.2d 566, 567 (Minn.App.1986) (<HOLDING>). Finally, also indicative of the donor’s 
 Holding statements: (A) holding that spouse could not claim exemption in property that was only property of other spouses estate (B) holding that devise of real estate to one spouse was nonmarital and noting that had testator intended such property to be devised as marital property he could have designated appellant as a joint tenant (C) holding money received from inheritance as nonmarital property presumptively became marital property when placed in joint account under arkansas law (D) holding that transferring joint property into one partys name for estate planning purposes does not convert marital property into nonmarital property (E) holding that circuit court erred in failing to consider that marital property in the form of marital earnings was used to pay debt against nonmarital property

Answer: holding that spouse could not claim exemption in property that was only property of other spouses estate


Question: F.3d 608, 612 (5th Cir.1996)). We conclude that, although the district court erroneously determined that the principles of Daubert did not apply to the re-creation and Agent Constantino’s testimony, the district court did not err in admitting the evidence. Under Daubert, the district court conducts a “preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.” Daubert, 113 S.Ct. at 2796; see Fed.R.Evid. 702 . This “gate-keeping” obligation on the part of the district court applies to all types of expert testimony, not just scientific testimony. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 1174, 143 L.Ed.2d 238 (1999) (<HOLDING>). Many factors may bear on this inquiry, 
 Holding statements: (A) holding that dauberts basic gatekeeping obligation  applies to all expert testimony (B) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (C) recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract (D) holding that insurance obligation was primary to indemnity obligation (E) holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions

Answer: holding that the admission of expert testimony was prejudicial where the testimony was pervasive


Question: inference” of scienter. To put it differently, "in those cases where motive and opportunity allegations do not alone create a strong inference of scienter, the allegations will nonetheless be relevant in determining whether the totality of allegations permits a strong inference of fraud.” Angres v. Smallworldwide PLC, 94 F.Supp.2d 1167, 1174 (D.Colo.2000). 45 . See, e.g., Phillips, 190 F.3d at 623; Chill, 101 F.3d at 268; Novak v. Kasaks, 216 F.3d 300 (2d Cir.2000); Melder v. Morris, 27 F.3d 1097, 1102 (5th Cir.1994) ("[P]lamtiff's allegation of motive — basically that the defendant and officers were motivated by incentive compensation — -would effectively eliminate the state of mind requirement as to all corporate officers and defendants.”). 46 . Compare Provenz, 102 F.3d at 1491 (<HOLDING>); and Schlagal v. Learning Tree Int’l, No. CV 
 Holding statements: (A) holding that 20 of individual defendants holdings raised an inference of scienter (B) holding that sale by one defendant of 11 of holdings in light of absence of any sales by other defendants undermined allegations of scienter (C) holding that total proceeds from insider sales of 106 million raised inference of scienter (D) holding that allegations of motive and opportunity were not enough to create a strong inference of scienter (E) holding that sales of corporate stock by six individual defendants for a total of approximately 4200000 were sufficient to support inference of scienter against them under prepslra pleading standard

Answer:
holding that sale by one defendant of 11 of holdings in light of absence of any sales by other defendants undermined allegations of scienter