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: have been required to examine the entire public record and would have discovered the foreclosure judgment....”). These recorded instruments would charge any subsequent purchaser with the information contained in them. Fairmont Funding, 301 A.D.2d at 564, 754 N.Y.S.2d 54 (“The intended purchaser must be presumed to have investigated the title, and to have examined every deed or instrument properly recorded, and to have known every fact disclosed or to which an inquiry suggested by the record would have led.”). The Foreclosure Judgment provides a purchaser with notice that a foreclosure sale was authorized by the court, and at a minimum would require a purchaser to inquire whether a foreclosure sale had occurred. See In re Davidson Rehab Associates, 103 B.R. 440, 444 (Bankr.S.D.N.Y.1989) (<HOLDING>). Furthermore, here the Referee’s Report of 
 Holding statements: (A) holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien (B) holding that plaintiffmortgagor lacked standing to enforce the terms of a foreclosure sale since there was no statutory authority allowing a mortgagor to enforce the provisions of a sale agreement when a foreclosure purchaser is in default (C) holding that a properly conducted nonjudicial foreclosure sale quiets title in the purchaser (D) holding that a wouldbe bona fide purchaser could not simply ignore the recorded notices of an impending nonjudicial foreclosure sale and fail to make inquiry as to whether the announced sale had occurred (E) holding that subsequent to a judicial sale the report of the sale must be made to and ratified by the court before a deed for the property is given by the trustee to the purchaser

SOLUTION: holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien

PROBLEM: Sept. 3, 1998)(variance is not material “where the allegations and proof substantially correspond, the variance is not of a character which could have misled the defendant at trial and is not such as to deprive the accused of his right to be protected against another prosecution for the same offense”). A material variance is sometimes referred to as a “fatal variance.” We have not been consistent in requiring materiality, but have sometimes reversed upon a finding of variance without exploring the further question of materiality. Compare Rowan v. State, 57 Tex.Crim. 625, 124 S.W. 668 (1910)(variance is not material unless it could mislead defense or expose defendant to danger of subsequent prosecution for same offense); Plessinger v. State, 536 S.W.2d 380 (Tex.Crim.App.1976)(<HOLDING>) with Pedrosa v. State, 155 Tex.Crim. 155, 232 
 Holding statements: (A) holding that a defendant must demonstrate that he would not have pled guilty but for the error (B) holding that heightened evidentiary standard of proof is not required where the sentencing enhancement is based entirely on the extent of the conspiracy to which the defendant pled guilty (C) holding that where a defendant is misled and induced to plead by his counsels mistaken advice then he may be allowed to withdraw his plea (D) holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material (E) holding variance in style of case pled for enhancement not material where defendant not surprised or misled to his prejudice

SOLUTION: holding that a defendant must demonstrate that he would not have pled guilty but for the error

PROBLEM: Initiatives was aware of Gretillat's kneeling, crouching and squatting limitations because, after Gretillat’s fitness-for-duty exam, Paca reported to Care Initiatives that Gretillat stated “that given her right total knee replacement it is contraindicated for her to kneel, crouch or squat and she admits to me that ... she cannot do this today.” Such an argument would fail for two reasons: (1) Paca’s report does not indicate that Gretillat had a permanent or long-term limitation, see Williams, 534 U.S. at 198, 122 S.Ct. 681 ("The impairment’s impact must ... be permanent or long term.”) (citing 29 C.F.R. §§ 1630.2(j)(2)(ii)-(iii) (2001)), and (2) Care Initiatives was entitled to rely on Dr. Fehrle's correspondence, which indicated no such problems, see, e.g., Alexander, 321 F.3d at 727 (<HOLDING>). It is also unclear whether squatting, 
 Holding statements: (A) holding employer justified in relying upon plaintiffs physician (B) holding physician in action based on illegal cavity search to standard of a reasonable physician (C) holding employer was entitled to rely and act upon the written advice from the employees physician (D) recognizing physician assistant as agent of the supervising physician (E) holding physician entitled to recover attorneys fees actually paid by malpractice insurer because physician was personally liable in the first instance

SOLUTION:
holding physician in action based on illegal cavity search to standard of a reasonable physician