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: policy becomes a composite of factors that bear on a better answer to the question, ‘How shall the losses be distributed?’ ”). Slain and Kripke argued that “[t]he situation with which we are concerned involves two risks: (1) the risk of business insolvency from whatever cause; and (2) the risk of illegality in securities issuance.” Slain & Kripke, supra, at 286. Analyzing the first risk — that of business insolvency-Slain and Kripke observed that the absolute priority rule allocates this risk to shareholders. Under the absolute priority rule, “stockholders seeking to recover their investments cannot be paid before provable creditor claims have been satisfied in full.” Id. at 261; see generally Consol. Rock Prods. Co. v. Du Bois, 312 U.S. 510, 520-21, 61 S.Ct. 675, 85 L.Ed. 982 (1941) (<HOLDING>); Case v. Los Angeles Lumber Prods. Co., 308 
 Holding statements: (A) holding that claims raised in later litigation were barred because they could have been fully litigated in chapter 11 reorganization process (B) holding that stockholders cannot participate in a plan of reorganization unless creditors claims have been satisfied in full (C) holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions (D) holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive (E) holding that debtor whose plan of reorganization had been confirmed by bankruptcy court could not later bring lender liability claims against creditors where those claims could have been raised in bankruptcy proceeding

Answer: (B)


Question: on the foregoing, we conclude that Layman’s and Sparks’ sentences are inappropriate. Like Quiroz, ten years of Layman’s sentence should be suspended to probation and five years of Sparks’ sentence should be suspended to probation. IV. Sufficiency of the Evidence Lastly, Sparks argues that there is insufficient evidence to support his felony murder conviction because he did not enter the house. However, Sparks, whose cursory argument is less than a page long, cites no cases in support of his claim. Sparks has therefore waived this issue on appeal. See Indiana Appellate Rule 46(A)(8)(a) (stating that each argument must be supported by citations to authorities, statutes, and the appendix or parts of the record on appeal relied on); Smith v. State, 822 N.E.2d 193, 202-03 (Ind.Ct.App.2005) (<HOLDING>), trans. denied. Waiver notwithstanding, we 
 Holding statements: (A) holding that when an appellant fails to offer an argument on an issue that issue is abandoned (B) holding that a claim is waived on appeal when not supported by citation to relevant authority (C) holding that a party waives an argument if the party fails to elaborate or provide any citation of authority in support of the argument (D) holding when a party fails to provide arguments or supporting authority for his assertion the party is deemed to have abandoned the issue (E) holding that an issue is waived when a party fails to provide adequate citation to authority

Answer: (E)


Question: with Travis v. City of Mesquite, 830 S.W.2d 94, 103 (Tex.1992) (Cornyn, J., concurring) (arguing that officers’ decision to pursue at high speed was “an exercise of discretion”) and Carpenter v. Barner, 797 S.W.2d 99, 101 (Tex.App.—Waco 1990, writ denied) (noting, without discussion, that county constable was protected by immunity when he stopped a vehicle whose taillights were not operating) and Edgar v. Plummer, 845 S.W.2d 452, 454 (Tex.App.—Texarkana 1993, no writ) (“The enforcement of traffic regulations by peace officers involves the exercise of their discretion.”). In other contexts, our courts have held that police officers are exercising discretion while performing their duties. See, e.g., Dent v. City of Dallas, 729 S.W.2d 114, 117 (Tex.App.—Dallas 1986, writ ref'd n.r.e.) (<HOLDING>), cert. denied, 485 U.S. 977, 108 S.Ct. 1272, 
 Holding statements: (A) holding officer was performing discretionary act in deciding when and how to arrest suspect (B) holding testimony of officer explaining how officer came to suspect appellant was not objectionable as hearsay because it was not offered to prove the truth of the matter asserted but to show why the officer got an arrest warrant for and arrested appellant (C) holding that officers release of police dog to assist in arrest was discretionary act (D) holding that where arrest was unlawful police officer committed a battery when he touched plaintiff during arrest (E) holding that there was no arrest when suspect was moved from his own truck to a police car

Answer:
(A)