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.

Input: Consider Input: an interpretation of section 85.321 that would make any party who holds a mineral interest indefinitely liable to all subsequent interest holders for prior alleged damage to the land. The consequences of such an interpretation run contrary to the legislative intent to protect and encourage the development of Texas natural resources. See Tex. Const. art. XVI, § 59. We are mindful of the consequences of a particular construction. See Tex. Gov’t Code § 311.023(5); McIntyre, 109 S.W.3d at 745. Absent a legislative enactment clearly abrogating the common law, we conclude that Emerald does not have standing as a subsequent lessee to pursue a claim under section 85.321 for Exxon’s alleged wrongful actions as a prior lessee. See, e.g., Tooke v. City of Mexia, 197 S.W.3d 325, 342-43 (Tex.2006) (<HOLDING>). C. Negligence Per Se Because our holding that 
 Holding statements: (A) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law (B) holding that tex loc govt code  51075 abrogated city of texarkana v city of new boston 141 sw3d 778 texapptexarkana 2004 (C) holding that city attorneys promise in an oral settlement agreement for city to annex and rezone land was within the legal authority of the city of joliet to accomplish and were not absolutely void acts per se therefore city could be estopped from avoiding enforcement of contract (D) holding that the city of boston was acting as a market participant when it contracted for public works construction (E) holding that distribution of catalogs to city addresses constituted use within city subject to taxation under municipal code provision

Output: (B)


Input: Consider Input: 1999) (same); Hill v. Fidelity Fin. Servs. (In re Hill), 152 B.R. 204, 206 (Bankr.S.D.Ohio 1993) (same); In re Reese, 194 B.R. 782, 787 (Bankr.D.Md.1996) (same); Barclays Am./Mortgage Corp. v. Wilkinson (In re Wilkinson), 186 B.R. 186, 191 (Bankr.D.Md.1995) (same); In re Redditt, 146 B.R. 693, 697 (Bankr.S.D.Miss.1992) (stat ing that “[b]y the statute’s own terms, only the trustee has standing to exercise the strong-arm avoidance powers”); Mast v. Borgess Medical Center (In re Mast), 79 B.R. 981, 982 (Bankr.W.D.Mich.1987) (same); In re Driver, 133 B.R. 476, 477 (Bankr.S.D.Ind.1991) (stating that “a Chapter 13 debtor is not explicitly bestowed with the trustee’s strong arm transfer avoidance powers.”); Hollar v. United States (In re Hollar), 174 B.R. 198, 203 (M.D.N.C.1994) (<HOLDING>). As In re Higgins, most of the majority 
 Holding statements: (A) holding that chapter 13 debtors have standing to bring avoidance actions by reasoning that chapter 13 trustee has standing but little incentive to bring avoidance actions that will result in benefit to debtors of recovering exempt assets (B) holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case (C) holding that there is no statutory authority in chapter 13 which grants a chapter 13 debtor independent standing to sue under the trustees  avoidance power (D) holding that an order striking a standing trustees motion to convert a chapter 13 petition to a chapter 7 is interlocutory not final (E) holding that a chapter 13 debtor should be able to obtain a copy of his transcript in light of the broader discharge provision of chapter 13

Output: (C)


Input: Consider Input: may be proper where the defendant shows that undisputed facts negate any one element of a cause of action. See Jones v. St. Charles County, 181 S.W.3d 197, 200 (Mo.App. E.D.2005). Missouri Approved Instruction (“MAI”) 26.01 sets out the required elements for a breach of unilateral contract claim. MAI—Civil 6th 26.01; Cf. Gramex Corp. v. Green Supply, Inc., 89 S.W.3d 432, 441 (Mo. banc 2002) (stating that MAI 25.04 sets out the required elements for a products liability claim). Analyzing the summary judgment decision in this case under the elements set forth in MAI 26.01 is appropriate because Garst has no higher standard to survive summary judgment than is required to submit the claim to a fact finder. Cf. Daugherty v. City of Maryland Heights, 231 S.W.3d 814, 820 (Mo. banc 2007) (<HOLDING>). MAI 26.01, the verdict director for a breach 
 Holding statements: (A) holding that a district court may not grant summary judgment without giving plaintiff an opportunity to submit materials admissible in a summary judgment proceeding or allowing a hearing on defendants motion (B) holding that analyzing summary judgment decisions under the standards set forth in mai 3124 is appropriate because a plaintiff has no higher standard to survive summary judgment than is required to submit the claim to a jury (C) holding summary judgment appropriate where plaintiff failed to establish product identification (D) holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment (E) holding because trial court fully considered plaintiffs response to summary judgment motion failure to render summary judgment without notice or hearing harmless thus trial court was not required to vacate the summary judgment and then reinstate it to accomplish the same end


Output: (B)