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.
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Question: failed to complete the assignment and warranty of title to H & L on the same certificate. See Ga. Code Ann. Sec. 40-3-32(a) (Supp. 1988). Winn is still listed on the certificate as the registered owner, and under Georgia law, the certificate is prima facie evidence of the facts appearing on it. Ga. Code Ann. Sec. 40-3-25(c) (1985). Although our reading of the Georgia statutes yields the conclusion that ownership of the Buick did not pass to the dealership or to H & L since the certificate of title was not properly assigned, it appears that Georgia courts interpreting the same statutes would reach a different conclusion. See, e.g., American Mut. Fire Ins. Co. v. Cotton States Mut. Ins. Co., 149 Ga. App. 280, 253 S.E.2d 825 (1979); Mote v. Mote, 134 Ga. App. 668, 215 S.E.2d 487 (1975) (<HOLDING>). Thus, Winn’s evidence regarding the sale of 
 Holding statements: (A) holding that a seller could enforce an arbitration provision against a buyer even though only the buyer had signed the provision (B) holding that ownership of vehicle later involved in accident passed to buyer even though assignment of title not completed (C) holding that in pennsylvania there is a rule that proof of the ownership of a business vehicle involved in an accident raises a presumption that the operation of the automobile was for the owners business purposes (D) holding that a purchaser of a vehicle was a buyer in the ordinary course of business even though the car dealer did not provide the certificate of title at the time of the sale (E) holding that delivery of possession of vehicle without delivery of certificate of title did not transfer ownership even though full payment had been received

Answer: (B)


Question: diligent effort' requires such pointed measures as an examination of telephone company records, utility company records, and records maintained by the county treasurer, county recorder, or similar ree-ord keepers."). {47 Here, the motion for publication Brown filed in 1978 states that "search has been made of the public records of the County of Weld and County of Morgan, State of Colorado." Such a search, if undertaken with reasonable diligence, should have resulted in the discovery of the 1950 Deeds, as they were readily available matters of public record and part of the relevant chain of title. Each document identified Tulsa, Oklahoma, as the city of the Gadbois' residence. Brown could-and should-have discovered this information. See In re Colon, 563 F.3d 1171, 1178 (10th Cir.2009) (<HOLDING>) 4 48 Sunﬂarly, Brown could-and should-have 
 Holding statements: (A) holding that implied easement arose because each deed in chain of title referenced community plan (B) holding that a typographical error in a security deed does not necessarily invalidate the legal description when the deed also referred to the propertys physical address (C) holding that trustees have a duty to exercise the same judgment and prudence that a careful owner would exercise in the sale of his own property (D) recognizing that a per son exercising reasonable prudence and diligence in examining propertys chain of title would have located a deed containing a misstatement in its descmptlon of the property (E) recognizing that the right to seek reformation of a deed is limited to the original parties to the deed and their successors in title

Answer: (D)


Question: to commit himself to such an alternative to a federal sentence. 2 . Defendant also raises two additional arguments: (1) that the district court improperly based its sentence on the defendant’s refusal to waive his constitutional and statutory rights to oppose his deportation; and (2) that the district court failed to appreciate the scope of its authority to consider, as a mitigating circumstance upon which to base a departure, defendant's vulnerability and susceptibility to abuse in prison due to his physical condition. Both arguments lack merit. As to the first argument, the conditioning of a downward departure on the surrender of a statutory right to a deportation hearing would not have offended due process. See United States v. Galvez-Falconi, 174 F.3d 255, 260 (2d Cir.1999) (<HOLDING>). See generally United States v. 
 Holding statements: (A) recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart (B) holding that district court had authority to grant section 5k20 downward departure despite governments opposition (C) holding that the district court was not required to state affirmatively on the record that it knew it possessed the authority to depart downward (D) holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart (E) holding that where a defendant malees a showing that the act of consenting to deportation carries unusual assistance to the administration of justice district court has authority under ussg  5k20 to depart downward in absence of the governments consent

Answer:
(E)