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: of the property. See C.R.E. 602; C.R.E. 701. However, there is no evidence in the record which establishes that Pomeranz ever paid a bill relating to the maintenance of the property or that he was personally responsible for any aspect of the maintenance because McDonald’s had been responsible for the payments for the past fifteen years. Because no adequate evidentiary foundation was laid for Pomeranz’s estimation of maintenance expenses on the property, it is impossible, absent pure speculation, to ascertain from the record how Pomeranz obtained the $4,800 estimation. The trial court's factual findings relating to future maintenance expenses are not sustained by either competent or adequate evidence and are therefore clearly erroneous. See Anderson, 170 Colo. at 13, 458 P.2d at 758 (<HOLDING>). The evidence presented by the petitioners on 
 Holding statements: (A) holding because defendant does not argue in his brief that these findings of fact are not supported by    evidence in the record this court is bound by the trial courts findings of fact (B) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence (E) holding that where the original drug quantity determination is not specific enough for the district court to determine whether it has the authority to reduce a defendants sentence under  3582c2 that court may make new findings of fact that are supported by the record and are not inconsistent with the findings made in the original sentencing proceedings

Answer: (D)


Question: we held that, The penetration offense alleged in the first indictment clearly required a separate and distinct act (involving appellee’s sexual organ with the child’s female sexual organ) from the act alleged in the second indictment (which involved appel-lee’s mouth with the child’s sexual organ). In this case the second indictment alleged that appellee caused the child’s sexual organ to contact his mouth ency with a child statute is the prohibited conduct. Appellant concedes to this view, the plain language of the statute supports it, and so does our caselaw. See Harris, 359 S.W.3d at 630 (stating that a grammatical analysis suggests that the unit of prosecution for indecency with a child by exposure is the exposure and, ultimately, adopting that viewpoint); Pizzo, 235 S.W.3d at 718 (<HOLDING>); see also Wallace v. State, 550 S.W.2d 89, 91 
 Holding statements: (A) holding that three phrases contained within the same subsection of the indecencywithaehild statute defined three separate offenses for juryunanimity purposes when separated in the disjunctive (B) holding that a similar statute created separate offenses (C) holding that three denied promotions over the course of three years where the decisions were made by three different selection officials and involved different qualifications were not sufficiently related to constitute a continuing violation (D) holding that the federal carjacking statute as it existed when the defendant was indicted established three separate offenses rather than a single offense with a choice of three maximum penalties and recognizing that this construction avoided serious constitutional questions on which precedent is not dispositive (E) holding that the legislature can define separate offenses within the same statutory subsection even if the acts are in close temporal proximity

Answer: (A)


Question: could extend its more protective overtime pay laws to maritime workers on the high seas. We relied on the principle that FLSA sets a floor rather than a ceiling on protective legislation, holding that FLSA does not “preempt states from according more generous protection to maritime employees on the high seas off a state’s coastal waters.” Id. at 1425. In Williamson v. General Dynamics Corp., 208 F.3d 1144, 1152-53 (9th Cir.2000), we held that a common law fraud claim, which addressed conduct not within the scope of FLSA, was not preempted by FLSA. Our decision in Williamson contained somewhat contradictory statements. On the one hand, we suggested in dicta that “[c]laims that are directly covered by the FLSA (such as overtime and retaliation d L 24216269 (C.D.Cal. Dec.9, 2003) (<HOLDING>). A California Court of Appeal has also 
 Holding statements: (A) holding in non  17200 case that the exclusive remedy for violations of the state and federal wage and hour laws is flsa (B) holding that the flsa preempted plaintiffs wage and invasionofprivacy claims (C) holding that 42 usc  1983 does not provide a remedy for flsa violations (D) holding in non 17200 case that common law claims duplicative of the flsa are preempted (E) holding the flsa does not provide the exclusive remedy for violations of its mandates

Answer:
(A)