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. 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.
PROBLEM: concerning a matter within the scope of the agency or employment, made during the existence of the relationship. However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) ("Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party.” (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (<HOLDING>); United States v. Durrani, 659 F.Supp. 1183 
 Holding statements: (A) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (B) holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution (C) holding in a criminal case that a statement by an unavailable declarant was not admissible as a declaration against his penal interest and was not admissible under rule 804b5 either (D) holding statements by coconspirator nontestimonial and thus admissible (E) holding alford plea admissible in burglary prosecution

SOLUTION: (B)

PROBLEM: of a portion of their property to Greenheart constituted a transaction for a commercial purpose is supported by the evidence. The Browns owned 320 acres that they used for ranching and farming — operations on which the Browns relied to derive income. The Browns also acquired water rights for a portion of their land which they leased out and eventually sold. The Brown Property had a portion that lacked water rights and it was this portion — without any improvements — that the Browns sold. Although the Brown Property did include their residence, the portion sold to Greenheart did not include the residence, and the existence of a residence on the property does not automatically disqualify a land conveyance from being a commercial transaction. See Watson, 144 Idaho at 219, 159 P.3d at 856 (<HOLDING>); Herrick v. Leuzinger, 127 Idaho 293, 306, 900 
 Holding statements: (A) holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute (B) holding that a previous decision assuming a malpractice action was a commercial transaction for the purpose of awarding attorney fees was not binding because the court in that case was not asked  to decide whether a malpractice action involving a commercial transaction falls within the parameters of the statute (C) holding chapter 13 plan funded by sale of property was not feasible where the debtor had not stated the time period or terms of the sale and no provision was made for failure to sell the property (D) holding sale of property was commercial transaction where the land was for both a family retreat and for logging (E) holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property

SOLUTION: (D)

PROBLEM: Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Instead, the Federal Rules of Civil Procedure require the non-moving party to present specific facts showing that a genuine factual issue exists by “citing to particular parts of materials in the record” or by “showing that the materials cited do not establish the absence of a genuine dispute.” Fed. R. Civ. P. 56(c)(1). “The mere existence of a scintilla of evidence' in’ 'support of the [non-moving party’s] position will be insufficient; there must 'be evidence on which the jury could reasonably find for the [non-moving party].” Anderson, 477 U.S. at 252,106 S.Ct. 2505. III. Discussion Plaintiffs allege in their Complaint that Dr. Huxol and OMHS deviated from the applicable 78 (4th Cir.1992) (<HOLDING>); Gatewood v. Wash. Healthcare Corp., 933 F.2d 
 Holding statements: (A) holding that emtala does pot give patients a private cause of action against their physicians (B) holding that failure to record an assignment does not give rise to a cause of action (C) holding that emtala does not provide a private cause of action against individual physicians or against physicians medical corporations (D) holding strict control test inapplicable in determining the scope of immunity for physicians under federal law because medical ethics require physicians to exercise independent judgment in the best interest of their patients (E) holding that emtala does not allow private suits against physicians

SOLUTION:
(A)