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: Defendants contend that the amount awarded was excessive and shocking, such as to raise an irresistible inference that passion, prejudice or other improper influence invaded the trial. Defendants initially make this argument on the grounds that the disparity between punitive damages assessed against the “passive wrongdoer” (AGF) is too large in contrast to the amount assessed against the “active wrongdoer” (Risser). We reject this argument for many reasons. First, it assumes that AGF should not have been found liable for negligent retention of an employee. Obviously, the jury disagreed with this assessment. Second, the legal basis for assessing punitive damages on respondeat superior grounds is well-established. Plains Resources, Inc. v. Gable, 235 Kan. 580, 682 P.2d 653, 665 (1984) (<HOLDING>). In the U.S. Supreme Court’s recent deci sion, 
 Holding statements: (A) recognizing that restatement second of torts  323 and 324a correctly state pennsylvania law (B) recognizing kansas courts adoption of restatement second of torts  909 1977 (C) recognizing that restatement second of torts   416 to 429 are often overlapping (D) recognizing tentative draft of restatement second of torts  652e (E) recognizing that kansas supreme court would accept the final draft of the restatement second of torts  652e adopted in 1977

Answer: (B)


Question: resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass’n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by 
 Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata (C) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (D) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (E) holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata

Answer: (E)


Question: was compelling. As the BIA observed, the IJ also relied on a contemporaneous police report indicating that Nowak was arrested for possessing: (1) 18.3 grams of marijuana; (2) a digital scale coated with marijuana residue; (3) numerous small plastic bags of the sort commonly used to package drugs; and several legal pads containing names, phone numbers, and dollar amounts, which police suspected to be drug ledgers. See Certified Administrative Record (“CAR”) 4; see also id. at 223. Because these facts alone were sufficient to provide “reasonable, substantial, and probative” evidence that Nowak was or had been an illicit trafficker in marijuana, his plea-based challenge necessarily fails. See 8 U.S.C. § 1182(a)(2)(C); cf., e.g., United States v. Perez, 144 F.3d 204, 208 (2d Cir.1998) (<HOLDING>). Nowak’s various challenges to the police 
 Holding statements: (A) holding evidence of plastic jeweler bags together with drug ledger amount of drugs and lack of paraphernalia to consume drugs was sufficient to support jurys finding of intent to distribute and absence of money and digital scales was not outcome determinative in light of other evidence (B) holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute (C) holding there was insufficient evidence to prove intent to distribute where the defendant dropped a plastic bag containing loose white rocks of cocaine and there was no other indicia of the defendants intent such as the drugs being packaged in smaller baggies (D) holding similar evidence sufficient to sustain a jury verdict of possession with intent to distribute cocaine (E) holding that defendants collective possession of plastic baggies beepers and scales  in conjunction with other evasive action  was sufficient evidence for jury to find conspiracy to distribute and possess cocaine beyond reasonable doubt

Answer:
(E)