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: Respondents reversed their position at oral argument) that once subsection four applies, subsection one no longer governs. The parties do dispute the meaning of the word “claimant” in subsection four. Under the plurality’s view, as Chief Justice Eismann points out in the Gillihan II dissent, the word “claimant” in subsection four must be synonymous with the idea of “prevailing party.” This is because, in order for the word “claimant” in subsection four to refer to either the defendant or plaintiff, it must also signify that such a defendant or plaintiff has prevailed in the personal injury action, since losing parties do not recover attorney fees under Idaho law. See Gillihan II at 271, 92 P.3d at 521 (Eismann, J., concurring in disse 53 Idaho 200, 201, 23 P.2d 739, 740 (1933) (<HOLDING>); In re Segregation of School Dist. No. 58 from 
 Holding statements: (A) holding elimination of provisions prior to passage of bill requiring a certificate of convenience and necessity indicates legislature intentionally omitted such provisions (B) holding that statutory notice provisions for notice of default and opportunity to cure were waived by provisions of note as to one obligor though provisions applied to coobligor who used property as residence (C) holding that the hearing provisions of the ina supersede the provisions of the apa (D) holding predecessor statute unconstitutional specifically because of vicariousliability provisions elimination of intent requirement (E) holding that such provisions are valid

Answer: (A)


Question: of the writ, the CCA examines the substance of the claim to see if it establishes a prima facie case of retardation, and only upon deciding that question can the state court decide whether remand is appropriate.”). 10 . Brown v. Dretke, 419 F.3d 365, 371 (5th Cir.2005). 11 . 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). 12 . Id. at 317, 122 S.Ct. 2242 (quoting Ford v. Wainwright, 477 U.S. 399, 405, 416-17, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986)). 13 . In re Hearn, 418 F.3d 444, 446 (5th Cir.2005). 14 . Ex parte Briseno, 135 S.W.3d 1, 7 & nn. 24-25 (Tex.Crim.App.2004) (citing American Association of Mental Retardation, Mental Retardation: Definition, Classification, and Systems of Support 5 (9th ed.1992)). 15 . See Rivera v. Quarterman, 505 F.3d 349, 361-63 (5th Cir.2007) (<HOLDING>); see also Bri-seno, 135 S.W.3d at 9 (“[T]he 
 Holding statements: (A) holding that trial court did not err (B) holding that the district court did not clearly err in finding that defendant suffered from significantly subaverage intellectual functioning and related limitations in adaptive functioning (C) holding that a district court did not clearly err in finding materiality where the prior art reference at issue had been considered material by examiners in related foreign patent applications (D) holding that a trial court did not clearly err in finding that an attorney fees clause materially altered a contract (E) holding that superior court did not clearly err in finding that the parent had not remedied the problematic conduct

Answer: (B)


Question: combination of presence in an area known to be a center of drug-related activity coupled with evasive action on the part of individuals involved in some sort of interaction with Defendant is sufficient to support a conclusion that Officer Pritchard had the “reasonable articulable suspicion” necessary to support an investigative detention. In fact, having seen the two pedestrians approach Defendant’s vehicle and insert their hands into it, an action which the trial court found to have the appearancé of a hand-to-hand drug transaction, Officer Pritchard actually had more of a basis for suspecting that criminal activity was afoot in this instance than Officer Hedges had for suspecting that something was amiss in Butler. State v. Summey, 150 N.C. App. 662, 667, 564 S.E.2d 624, 628 (2002) (<HOLDING>); State v. Clyburn, 120 N.C. App. 377, 380-81, 
 Holding statements: (A) holding truck lessors liability to truck lessee existed without parties express indemnity clause in lease thus exclusion was inapplicable where carolina casualty alleged its insured truck lessor was precluded from coverage because lessors liability was assumed under contract with truck lessee (B) holding that a truck drivers injury from a fall in the shower of a truck stop while off duty was not compensable (C) holding that officers observations of the speed of the truck coupled with the sound of the engine racing and the bouncing of the truck as it passed through the intersection gave officer probable cause to believe that truck was exceeding a speed greater than was reasonable and prudent under the conditions (D) holding that inconsistent answers by occupants or problems with the occupants licenses or registration of the vehicle provide grounds for broadening the inquiry (E) holding that an officers belief that he had observed the occupants of a truck participate in a drug transaction supported a valid investigatory detention of the truck and its occupants

Answer:
(E)