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: determination under the reasonableness test as clearly erroneous, we perceive no error. JUDGMENT AFFIRMED; COSTS TO BE PAID BY APPELLANT. 1 . Appellees’ original complaint was filed before the bylaw amendment was passed. 2 . The lobby, which per Paragraph 7(c) of the Ridgely Declaration is explicitly characterized as a common element, was refurbished in 1990 out of common funds consisting of contributions from each unit owner. To deny the use of the lobby to clients of the commercial owners constitutes an ultra vires taking of a portion of their percentage interest in the common areas in derogation of the Ridgely Condominium declaration as well as certain provisions of the Maryland Condominium Act. Paragraph 8 of the Ridgely Declaration, in pertinent part, provid 495, 500 (1991) (<HOLDING>). See also Jarvis v. Stage Neck Owners Ass'n, 
 Holding statements: (A) holding that the defendants presence in a dark alleyway at six oclock in the morning behind a closed business in an exclusively commercial area supported the investigative stop and explaining that knowledge of recent burglaries in an area is a relevant circumstance to be considered in determining the reasonableness of an officers suspicion because knowledge of the character of the area is part of an officers expertise (B) recognizing that unit owners own the common elements in fee as tenants in common (C) holding that the requirement of explicitly and prominently was intended by the legislature to ensure that the declaration give unequivocal notice to the project unit owners of the authorization for such use (D) holding that the grant of exclusive use to one unit owner of a common area is sufficient to change the relative interest of the unit owners in that common area (E) holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest

SOLUTION: (D)

PROBLEM: a right to enjoy over the land of another for the benefit of the easement holder’s land, but it does not create an interest in the land itself." (footnote omitted; emphasis added)). 2 . 25 Am. Jur. 2d Easements and Licenses § 100 (2004) (footnotes omitted); see Cameron v. Barton, Ky., 272 S.W.2d 40, 42 (1954) ("Appellant finally contends that the easement in controversy was extinguished by merger when a former owner of the dominant estate bought an adjoining lot which offered a means of ingress and egress to and from the Highway Department’s property. The answer to this contention is that the doctrine of merger could not apply because the former owner of the dominant estate did not acquire the ser-vient estate." (emphasis added)); Sievers v. Flynn, 305 Ky. 325, 204 S.W.2d 364 (1947) (<HOLDING>); City of Franklin v. St. Mary's Roman Catholic 
 Holding statements: (A) holding that owners of a dominant estate had a duty to keep the easement in a proper state of repair to avoid damaging the servient estate through erosion (B) holding that the burden on the servient estate cannot be increased without the consent of the owners of the servient estate and that the owner of the dominant estate to which the appurtenant easement is attached has no power to convey or expand use of that easement in connection with a tract of land owned by another (C) holding that an easement is not a separate estate when dominant and servient tracts are under the same ownership (D) holding that an express easement ran with the dominant estate (E) recognizing that the dominant easement owner not the servient estate owner bears responsibility for maintaining an easement

SOLUTION: (C)

PROBLEM: have contributed to [Petitioner’s] conviction,” Sawyer, 88 Hawai'i at 329 n. 6, 966 P.2d at 641 n. 6 (emphases added), for attempted murder in the second degree as opposed to attempted EMED manslaughter. The misconstruction of the law and the lack of curative instruction bore directly on Petitioner’s EMED defense. Hence, the reasonable “possibility” that the error “might” have contributed to Petitioner’s conviction for attempted murder rather than attempted EMED manslaughter was plainly established. Id. However, because it cannot be said that the prosecutor’s conduct was so egregious that viewed under an objective standpoint, Petitioner was denied his or her right to a fair trial, reprosecution is not barred under the double jeopardy clause. Rogan, 91 Hawai'i at 423, 984 P.2d at 1249 (<HOLDING>) (emphasis added). XI. Respondent cites to 
 Holding statements: (A) holding that beyond reasonable doubt standard not required in termination cases (B) holding that proof of a criminal charge beyond a reasonable doubt is required by the constitution (C) holding that appellant was deprived of a fair trial where the jury was instructed in such a way that it was not required to find at least two elements of the offense of capital murder to be proven beyond a reasonable doubt (D) holding that appellate court should review error in trial procedure to determine if it was harmless beyond a reasonable doubt (E) holding that reprosecution is barred where in the face of egregious prosecutorial misconduct it cannot be said beyond a reasonable doubt that the defendant received a fair trial

SOLUTION:
(E)