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: 718. Under Texas law, a person may engage in the practice of engineering, architecture, or landscape architecture if he is licensed in those professions. See Tex.Rev.Civ. Stat. art. 3271a, § 1.2 (Vernon Supp.1999) (engineering); Tex.Rev.Civ. Stat. art.249a, § 1 (Vernon Supp.1999) (architecture); Tex.Rev.Civ. Stat. art. 249c, § 5(a) (Vernon Supp.1999) (landscape architecture). The State complains Henry was allowed to testified as to matters requiring expertise in surveying, engineering, architecture, and landscape architecture even though he is not licensed in any of those professions. Therefore, because Henry is not licensed, he was not qualified to testify as an expert. See Prellwitz v. Cromwell, Truemper, Levy, Parker & Woodsmale, 802 S.W.2d 316, 318 (Tex.App.-Dallas 1990, no writ) (<HOLDING>); but see Southland Lloyd’s Ins. Co. v. 
 Holding statements: (A) holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury (B) holding that a witness who will be giving opinion evidence about a propertys fair market value must be disclosed and designated as an expert pursuant to discovery and other applicable rules (C) recognizing that a licensed chiropractor is a health care provider competent to testify as a medical expert (D) holding that where a treating doctor is called to give an expert opinion on the standard of care that doctor is properly labeled an expert witness and must be disclosed to the other party along with other experts (E) holding that witness giving expert opinion regarding stan dard of care for particular licensed profession must hold license for same profession

Answer: holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury


Question: See Ledley v. William Penn Life Ins. Co., 138 N.J. 627, 651 A.2d 92, 95 (1995). However, apart from any persuasive weight afforded the Ninth Circuit’s decision in C’Est Moi, NHIC proffers no case law specifically suggesting that common law doctrines such as uberrimae fidei and equitable fraud may not be modified or superseded by a contractual agreement between the insurer and the insured. On the contrary, as we have noted, a number of courts have embraced the ability of parties to contract around common law. See, e.g., King, 906 F.2d at 1540-41; Conn. Indem. Co., 390 F.Supp.2d at 166-67; Progressive N. Ins. Co., 314 F.Supp.2d at 829-30; see also, e.g., McBride v. Hartford Life & Accident Ins. Co., 2007 WL 5185293, at *18, 2007 U.S. Dist. LEXIS 16917, at **64-65 (E.D.Pa. Jan. 29, 2007) (<HOLDING>). 19 . NHIC points out that during a telephone 
 Holding statements: (A) holding an insurer has a right to rely on statements made in an insurance application (B) holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum (C) holding that insurance application clause modified federal common law governing misrepresentations because  once an insurer has entered into a policy by using an application form more favorable to the insured than the law provides it may not rely on a rule of law which is more stringent than the application form  quoting espinosa v guardian life ins 856 fsupp 711 717 dmass1994 (D) holding that the mccarranferguson act which bars application of a federal law in the face of a state law enacted for the purpose of regulating the business of insurance did not preclude the concurrent assertion of the federal rico statute and nevada insurance law (E) recognizing that a state courts determination is not an unreasonable application of law merely because it is erroneous

Answer: holding an insurer has a right to rely on statements made in an insurance application


Question: that he was on S.L.’s property, and he admitted that he took cigarettes and a lighter from the patio table. According to the recorded statement that Andrus gave to Detective Le-wállen, after' entering S.L.’s garage, An-drus changed his mind about being on S.L.’s property and decided to leave. The evidence at trial shows that Andrus did not have permission to be on the property or in S.L.’s garage or breezeway. Given the circumstances proven by the evidence admitted during Andrus’s trial, the jury could have reasonably inferred from the evidence that Andrus, when entering the garage or breezeway, intended to commit theft under a standard of beyond reasonable doubt even if he later changed his mind - about committing a crime. See Mauldin v. State, 628 S.W.2d 793, 795 (Tex.Crim.App.1982) (<HOLDING>); Solis v. State, 589 S.W.2d 444, 446 
 Holding statements: (A) holding defendants plea to indictment alleging 8000 theft was not an admission to the theft amount (B) holding that against her will in the rape statute means without her consent and that the fact that the victim was under the age of consent was sufficient to establish that element (C) holding that the defendants entry into the building having been made in the nighttime without the consent of the owner is sufficient to show an intent to commit theft (D) holding that the plaintiff must show felonious intent to commit theft in order to establish a violation of section 8120141 (E) holding that the consent of the driver was invalid when the officer knew that the passenger was the owner of the automobile

Answer:
holding defendants plea to indictment alleging 8000 theft was not an admission to the theft amount