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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: § 42-217. If, based on the proof submitted by the applicant and the field examination, the Department “is satisfied that the law has been fully complied with and that the water is being used at the place claimed and for the purpose for which it was originally intended, the [Department shall issue to such user or users a license confirming such use.” I.C. § 42-219(1). On the other hand, “[i]n the event that the [Department shall find that the applicant has not fully complied with the law and the conditions of permit, it may issue a license f ls Ground Water Dist., 141 Idaho 746, 753, 118 P.3d 78, 85 (2005) (finding that “a party is not entitled to vested rights in a water right by virtue of filing a permit application”); Hardy v. Higginson, 123 Idaho 485, 491, 849 P.2d 946, 952 (1993) (<HOLDING>). However, this Court has never considered the 
 Holding statements: (A) holding that until the state issues a certificate of appropriation any right to use the water remains inchoate (B) holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use (C) holding that the legislative assembly intended the water right certificate not the permit even when followed by a beneficial use to mark the point at which a water right becomes vested (D) holding that permits only give the applicant an inchoate or contingent right to put the water to a beneficial use (E) holding that a water right is a property right created by a person appropriating unappropriated water and applying it to a beneficial use

SOLUTION: holding that until the state issues a certificate of appropriation any right to use the water remains inchoate

PROBLEM: by assenting to forfeiture provisions included in plea agreements. In United States v. Le, 173 F.3d 1258, 1263 (10th Cir.1999), a criminal defendant entered into a plea bargain under which he “agree[d] to forfeit and otherwise waive any ownership right he might possess in all items seized during the investigation of any of the acts alleged.” The defendant then filed a motion for the return of his property under Federal Rule of Criminal Procedure 41(e), and the district court denied the motion. Id. We affirmed the district court’s decision, observing that “[t]he district court was entirely correct in denying Le’s motion because Le ... relinquished any ownership rights he may have had in the property.” Id. at 1278. See also United States v. Grover, 119 F.3d 850, 852 (10th Cir.1997) (<HOLDING>). On appeal Mr. Montoya suggests that he should 
 Holding statements: (A) holding that a defendant must show reasonable probability that but for the error he would not have entered the plea (B) holding that a rule 41e claimant relinquished any possessory claim he had to the property when he signed a forfeiture agreement at the time he entered into a plea bargain (C) holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement (D) holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present (E) holding that the movants assertion that he failed to advise the plea court of counsels alleged deficiencies because he blamed himself for his lack of funds was undermined by the fact that the plea court advised the movant that he had the right to appointed counsel if he could not afford to pay for counsel

SOLUTION: holding that a defendant must show reasonable probability that but for the error he would not have entered the plea

PROBLEM: First, a person must be an "individual with a disability" in order to receive the protections provided by the ADA. A "disability" is "a physical or mental impairment that substantially limits one or more of the major life activities of [the] individual." 42 U.S.C. § 12102(2)(a). NOCO does not dispute that the plaintiff suffers from epilepsy or that epilepsy constitutes a disability under the ADA, a proposition that is well established. See, e.g., 29 C.F.IR. 1615.103(1)(ii) (including epilepsy in the definition of "physical or mental impairment"); Sutton v. United Air Lines, Inc., 527 U.S. 471, 488, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999) (using epilepsy as an example of a condition that is included in the definition); LaChance v. Duffy's Draft House, Inc., 146 F.3d 832 (11th Cir.1998) (<HOLDING>); Martinson v. Kinney Shoe Corp., 104 F.3d 683 
 Holding statements: (A) holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada (B) holding that epilepsy qualifies as a disability under the ada (C) holding that the statute qualifies as an exemption 3 statute (D) holding that an employer cannot be held liable under the ada if it had no knowledge of the employees alleged disability (E) holding that whether a person has a disability under the ada is an individualized inquiry

SOLUTION:
holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada