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. 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.
PROBLEM: 284 So.2d 905, 915-16 (La.1973); see Tesvich v. 3-A’s Towing Co., 547 So.2d 1106, 1111 (La.Ct.App.1989) (“[W]e have concluded on the basis of Lombard that the claim of each plaintiff with respect to his or her leases constitutes a separate occurrence.” (citation omitted)); see also Reynolds v. Transcon. Ins. Co., Civ. A. Nos. 94-1367, 94-1432, 1995 WL 16795, at *5-6 (E.D.La. Jan.17, 1995) (Duval, J.) (discussing and applying Lombard, Tesvich, and Soc’y of the Roman Catholic Church v. Interstate Fire & Cas. Co., 26 F.3d 1359 (5th Cir.1994)). The property damage in the DuroSeal petitions allegedly arose because of several negligent and fraudulent acts on the part of Jotun and others. Each of these acts does not constitute a separate bes, Inc., 924 So.2d 1131, 1133 (La.Ct.App.2006) (<HOLDING>); Korossy v. Sunrise Homes, Inc., 653 So.2d 
 Holding statements: (A) holding that a partys responsibility for damage from any cause included damage cause by the indemnitee (B) holding that property damage occurred when condominium owners received architects report detailing damage not during the four years of construction of the condos (C) holding that property damage occurred when homeowners noticed damage not when house was improperly constructed (D) holding that a similar exclusion denies coverage for property damage to the particular part of the real property that is the subject of the insureds work at the time of the damage if the damage arises out of those operations (E) holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did

SOLUTION: holding that a partys responsibility for damage from any cause included damage cause by the indemnitee

PROBLEM: to invoke the jurisdiction of the trial court. As a matter of first consideration, any court has the duty to determine, sua sponte, whether it has jurisdiction to hear the case. Welch v. McDougal, 876 S.W.2d 218, 220 (Tex.App.-Amarillo 1994, writ denied). As material to this question, section 65.023(b) of the Texas Civil Practice & Remedies Code requires that an application for an injunction to stay proceedings in a suit or execution on a judgment must be tried in the court in which the suit is pending or the judgment was rendered. This requirement is jurisdictional and does not relate merely to venue. See Butron v. Cantu, 960 S.W.2d 91, 94 (Tex.App.-Corpus Christi 1997, no writ); Home Sav. Ass’n v. Ramirez, 600 S.W.2d 911, 913 (Tex.Civ.App.-Corpus Christi 1980, writ refd n.r.e.) (<HOLDING>). Because the Gard-ners seek to challenge 
 Holding statements: (A) holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is  no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court (B) holding that a judgment is subject to collateral attack where  the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court  exceeds the powers conferred on it by constitutional or statutory provisions (C) holding that a dis trict court has no authority to issue injunction restraining enforcement of judgment of the county court where as here the judgment solely resolves who is entitled to immediate possession (D) holding that motion to dismiss should not  be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law (E) holding that a judgment of another states court is entitled to full faith and credit j when the judgment is considered final under the laws of the rendering state

SOLUTION: holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is  no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court

PROBLEM: acknowledge that Garcetti addresses mostly free speech claims, as opposed to political affiliation or freedom of association claims: But Garcetti’s concerns about the "delicate balancing" of public-employee rights and government flexibility, as well as its anxiety about “judicial intervention in the conduct of governmental operations,” are not applicable only in the free speech context. 547 U.S. at 423, 126 S.Ct. 1951. Those concerns, for example, also underlie the so-called policymaker exception: the principle that political affiliation, for certain public employees, is an "appropriate requirement for continued tenure.” O’Connell, 724 F.3d at 126 (quoting Rosenberg v. City of Everett, 328 F.3d 12, 18 (1st Cir, 2003)); see also Maymí v. P.R, Ports Auth., 515 F.3d 20, 27 (1st Cir. 2008) (<HOLDING>). 6 . Speaker Eves cites several other 
 Holding statements: (A) holding that independent contractor claiming removal from city towing rotation list because of political affiliation was not protected by first amendment (B) recognizing that both an officials political affiliation and her substantive views on agency matters are permissible justifications for firing or demotion when she occupies a policymaking role citing flynn v city of boston 140 f3d 42 47 1st cir 1998 (C) holding that first amendment prohibits government officials from discharging or threatening to discharge lowerlevel public employees based on their political affiliation (D) holding that independent contractor claiming termination of contract because of political affiliation not protected by first amendment (E) recognizing a life tenants power to lease not only her present interest in the land she occupies but also a future interest she owns in the same land

SOLUTION:
holding that independent contractor claiming removal from city towing rotation list because of political affiliation was not protected by first amendment