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: added). Plaintiffs point out, correctly, that beneficial use is an evolving and dynamic requirement of federal and state law. See Joslin v. Marin Mun. Water Dist., 67 Cal.2d 132, 140, 60 Cal.Rptr. 377, 429 P.2d 889 (1967) (While “what is a reasonable use of water depends on the circumstances of each case, such an inquiry cannot be resolved in vacuo isolated from statewide considerations of transcendent importance.”). Section 8 of the Reclamation Act of 1902 requires that all water provided pursuant to the Act be put to “beneficial use,” as defined by state law. 43 U.S.C. §§ 372, 383; California v. United States, 438 U.S. 645, 665-67, 98 S.Ct. 2985, 57 L.Ed.2d 1018 (1978); see also City of Barstow v. Mojave Water Agency, 23 Cal.4th 1224, 1242, 99 Cal.Rptr.2d 294, 5 P.3d 853 (2000) (<HOLDING>); United States v. Alpine Land & Reservoir Co., 
 Holding statements: (A) holding that article x  2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially (B) holding that mandamus was appropriate to require the director to deliver the full decreed water rights of a water right holder (C) holding that the montana constitution protects water rights against unreasonable state action  (D) holding substantial completion had occurred because water district took possession of all the lines filled them with water and began using them to serve the customers of the water district (E) recognizing that water rights constitute a real property interest

SOLUTION: (A)

PROBLEM: Defendants contend that the amount awarded was excessive and shocking, such as to raise an irresistible inference that passion, prejudice or other improper influence invaded the trial. Defendants initially make this argument on the grounds that the disparity between punitive damages assessed against the “passive wrongdoer” (AGF) is too large in contrast to the amount assessed against the “active wrongdoer” (Risser). We reject this argument for many reasons. First, it assumes that AGF should not have been found liable for negligent retention of an employee. Obviously, the jury disagreed with this assessment. Second, the legal basis for assessing punitive damages on respondeat superior grounds is well-established. Plains Resources, Inc. v. Gable, 235 Kan. 580, 682 P.2d 653, 665 (1984) (<HOLDING>). In the U.S. Supreme Court’s recent deci sion, 
 Holding statements: (A) recognizing that restatement second of torts  323 and 324a correctly state pennsylvania law (B) recognizing kansas courts adoption of restatement second of torts  909 1977 (C) recognizing that restatement second of torts   416 to 429 are often overlapping (D) recognizing tentative draft of restatement second of torts  652e (E) recognizing that kansas supreme court would accept the final draft of the restatement second of torts  652e adopted in 1977

SOLUTION: (B)

PROBLEM: was an independent contractor. As an experienced reporter, Friedman controlled the manner in which the article was written— including the selection of a topic, research plan, and sources — without any guidance from the Voice. Voice editors reviewed the article only after Friedman completed a draft, and the editors subsequently made few substantive changes. Moreover, the terms and conditions of Friedman’s employment provide compelling evidence of his independent status: he did not receive a regular salary and was only paid for articles the Voice decided to publish; did not have a contract; did not receive fringe benefits; did not have taxes withheld; did not maintain an office at the Voice; and was not listed on the masthead of the Voice as a staff writer. See Nelson, 626 F.Supp. at 978 (<HOLDING>). By contrast, the Chaikens have provided no 
 Holding statements: (A) holding at summary judgment stage that terms and conditions of authors employment established he was independent contractor (B) holding that unverified complaints cannot be considered as evidence at the summary judgment stage (C) holding that credibility determinations should not be resolved at the summary judgment stage (D) holding that at the summary judgment stage there must be sufficient evidence on which the jury could find for the plaintiff (E) holding that evidence of an employers 100healed policy was relevant to the issue of perceived disability at the summary judgment stage

SOLUTION:
(A)