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.
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Question: Attorney General, Mary Jo Volkert, Senior Assistant Attorney General, Daniel M. King, Jr., Assistant Attorney General, for appellee. Judgment affirmed. Ray and Self, JJ., concur. 1 U. S. Const, amend. V; see also Ga. Const. Art. 1, § 3, ¶1 (a) (“Except as otherwise provided in this Paragraph, private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.”); Horne v. Dep’t of Agric., _ U. S. _, _ (II) (A) (1) (135 SCt 2419,192 LE2d388) (2015) (“The principle reflected in the [Takings] Clause goes back at least 800 years to the Magna Carta . . . .”). 2 See, e.g., Wood v. B & S Enters., 314 Ga. App. 128, 128 (723 SE2d 443) (2012). 3 See Kellett v. Dep’t of Transp., 174 Ga.App. 214, 21 .App. 622, 624-25 (6) (522 SE2d 661) (1999) 
 Holding statements: (A) holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge (B) holding that although portion of trial courts jury charge was inapplicable any error in providing it was harmless in light of the fact that charge considered as a whole was not likely to confuse or mislead the jury (C) holding appellate courts must consider the trial courts jury charge as a whole (D) holding that because trial court actually gave part of a jury charge that appellant claimed was improperly omitted and because remainder of courts charge adequately defined one of the legal terms at issue the courts jury charge taken as a whole was not misleading and did not constitute reversible error (E) holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence

Answer: (A)


Question: before it was in assumpsit for attorney fees purposes. See Schulz, 67 Haw. at 436, 690 P.2d at 282. Although Higa is not directly on point, its reasoning is a compelling indication of how the Hawaii Supreme Court would rule on the attorney fee question before us. The plaintiffs also seek to distinguish Higa because it involved a client suing his own attorney, and thus in that case there was privity of contract between the two parties. In the present case, Mrs. Helfand was a third-party beneficiary to the contract between the defendants and Mr. Helfand. This distinction is irrelevant. Courts have extended the right to sue for breach of contract to intended third-party beneficiaries. See, e.g., Dawes v. First Ins. Co. of Hawai'i, 77 Hawai'i 117, 128 n. 12, 883 P.2d 38, 48 n. 12 (1994) (<HOLDING>); Hunt v. First Insurance Co. of Hawaii, 82 
 Holding statements: (A) holding that thirdparty claimants are intended beneficiaries under optional automobile liability insurance policies (B) recognizing common law cause of action as thirdparty beneficiary (C) holding that the shareholders were not thirdparty beneficiaries because they were not directly benefited by the contract between the government and the thrifts (D) recognizing noncontracting parties rights as thirdparty beneficiaries of an insurance contract (E) holding that shareholders lack standing to sue as thirdparty beneficiaries to allegedly breached contract unless the contract indicates the intent to benefit them directly independently of their shareholder status

Answer: (D)


Question: portion of the district court’s written judgment ordering as a special condition of supervised release that “upon completion of his term of imprisonment, the defendant is to be surrendered to a duly-authorized immigration official for deportation.” The district court did not mention this provision at the sentencing hearing, and the Government concedes that it conflicts with the oral pronouncement of sentence. We agree. The condition imposed is not listed in the sentencing guidelines as a standard or mandatory condition of supervised release, and it is not among the conditions recommended by the Sentencing Commission insofar as the record does not support its application here. See U.S.S.G. § 5D1.3(c) & (d)(6); see also United States v. Torres-Aguilar, 352 F.3d 934, 938 (5th Cir.2003) (<HOLDING>). The written judgment improperly conflicts 
 Holding statements: (A) holding that a conflict with oral pronouncement is not creat ed by including conditions that are standard mandatory or recommended by the sentencing commission (B) holding that in cases of direct conflict between a courts oral pronouncement of sentence and the written judgment the oral pronouncement controls (C) holding that written judgment controlled over oral pronouncement (D) holding that when there is a variation between the oral pronouncement of sentence and the written memorialization of the sentence the oral pronouncement controls (E) holding that imposition occurs at time of oral pronouncement

Answer:
(A)