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.

Ex Input:
this ease is to certify a class to determine the issue of whether Beverly systematically and chronically understaffed the Batesville nursing facility and then to decertify the class, if necessary, to determine individual restitution and damage claims as well as any defenses in separate proceedings.” Thomas, 370 Ark. at 320, 259 S.W.3d at 451 — 52. The same is true here. Determining the central questions whether understaffing creates contractual or statutory liability and whether chronic understaffing occurred are more efficiently handled in a single proceeding. Otherwise, there exists the possibility of a multiplicity of suits across the state with the potential that circuit courts may reach inconsistent results. See Summons v. Missouri Pac. R.R., 306 Ark. 116, 813 S.W.2d 240 (1991) (<HOLDING>). We also do not agree that efficiency is 
 Holding statements: (A) holding that whether or not claimant would have returned to work at all was a question of fact (B) holding it is a question of fact (C) holding that actual apportionment of damages is a question of fact (D) holding that the repeated litigation of the liability question and the possibility of inconsistent results outweighed the fact that each claimant would have different evidence regarding damages (E) holding that generally the question of waiver and estoppel is a question of fact

Ex Output:
(D)


Ex Input:
exception, which provides that “[t]here is no time limit on the filing of a motion to reopen” if the motion “is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.” 8 U.S.C. § 1229a(c)(7)(C)(ii). After review of the administrative record and consideration of the parties’ briefs, we dismiss the petition in part and deny the petition in part. I Ms. Lian acknowledges that binding circuit precedent prohibits us from reaching her challenge to the BIA’s refusal to reopen her proceedings sua sponte under 8 C.F.R. § 1003.2(a). See Lenis v. U.S. Att’y Gen., 525 F.3d 1291, 1293 (11th Cir.2008) (<HOLDING>). Nonetheless, Ms. Lian urges us to overrule 
 Holding statements: (A) holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte (B) holding that this court lacks jurisdiction to review claims that have not been raised before the bia (C) holding that this court lacks jurisdiction to review decisions of the bia refusing to reopen immigration proceedings sua sponte (D) holding that a decision of the bia whether to reopen a case sua sponte under 8 cfr  10032a is entirely discretionary and therefore beyond the courts review  ie the court lacks jurisdiction to review the bias decision not to reopen (E) holding that the court lacks jurisdiction to review legal arguments not raised before the bia

Ex Output:
(C)


Ex Input:
1213 (Fla.1990) (“ ‘[0]nce damages are liquidated, prejudgment interest is considered an element of those damages as a matter of law, and the plaintiff is to be made whole from the date of the loss.’ ’’)(quoting Kissimmee Util. Auth. v. Better Plastics, Inc., 526 So.2d 46, 47 (Fla.1988)). The trial court should not view Section XXI of the lease as operating to limit the Department’s liability to an amount equal to six months’ rent. The Department did not assert Section XXI as a defense and, thus, its applicability was never argued below. While Section XXI of the lease may have been applicable under the facts of this case, it was not for the trial court to invoke a defense the Department failed to raise. See Fed. Nat’l Mortgage Ass’n v. Blocker, 728 So.2d 306, 307 (Fla. 1st DCA 1999) (<HOLDING>). Also, we direct the trial court to carefully 
 Holding statements: (A) holding that it is error to grant relief that was not requested noticed nor litigated by any party (B) holding because the district court refused to grant plaintiff reinstatement or any other injunctive relief the damage award was neither incidental to nor intertwined with any other relief (C) holding that any error was harmless and thus not plain error (D) holding that where the final judgment provided relief that was not requested  its entry constituted reversible error (E) holding that it is not

Ex Output:

(A)