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: determination under the reasonableness test as clearly erroneous, we perceive no error. JUDGMENT AFFIRMED; COSTS TO BE PAID BY APPELLANT. 1 . Appellees’ original complaint was filed before the bylaw amendment was passed. 2 . The lobby, which per Paragraph 7(c) of the Ridgely Declaration is explicitly characterized as a common element, was refurbished in 1990 out of common funds consisting of contributions from each unit owner. To deny the use of the lobby to clients of the commercial owners constitutes an ultra vires taking of a portion of their percentage interest in the common areas in derogation of the Ridgely Condominium declaration as well as certain provisions of the Maryland Condominium Act. Paragraph 8 of the Ridgely Declaration, in pertinent part, provid 495, 500 (1991) (<HOLDING>). See also Jarvis v. Stage Neck Owners Ass'n, 
 Holding statements: (A) holding that the defendants presence in a dark alleyway at six oclock in the morning behind a closed business in an exclusively commercial area supported the investigative stop and explaining that knowledge of recent burglaries in an area is a relevant circumstance to be considered in determining the reasonableness of an officers suspicion because knowledge of the character of the area is part of an officers expertise (B) recognizing that unit owners own the common elements in fee as tenants in common (C) holding that the requirement of explicitly and prominently was intended by the legislature to ensure that the declaration give unequivocal notice to the project unit owners of the authorization for such use (D) holding that the grant of exclusive use to one unit owner of a common area is sufficient to change the relative interest of the unit owners in that common area (E) holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest

Answer: (D)


Question: concerning a matter within the scope of the agency or employment, made during the existence of the relationship. However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) ("Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party.” (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (<HOLDING>); United States v. Durrani, 659 F.Supp. 1183 
 Holding statements: (A) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (B) holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution (C) holding in a criminal case that a statement by an unavailable declarant was not admissible as a declaration against his penal interest and was not admissible under rule 804b5 either (D) holding statements by coconspirator nontestimonial and thus admissible (E) holding alford plea admissible in burglary prosecution

Answer: (B)


Question: activities so that determining its major purpose requires a very close examination of various activities and statements. Or an organization may be engaging in substantial amounts of both federal and non-federal electoral activity, again requiring a detailed analysis of its various activities. 511 F.Supp.2d at 31. The necessity of a contextual inquiry is supported by judicial decisions applying the major purpose test, which have used the same fact-intensive analysis that the Commission has adopted. See, e.g., Fed. Election Comm’n v. Malenick, 310 F.Supp.2d 230, 234-37 (D.D.C.2004), rev’d in part, No. Civ. A. 02-1237(JR), 2005 WL 588222 (D.D.C. Mar. 7, 2005); Fed. Election Comm’n v. GOPAC, Inc., 917 F.Supp. 851, 859, 864-66 (D.D.C.1996); see also Shays II, 511 F.Supp.2d at 29-31 (<HOLDING>). Real Truth’s argument that the major purpose 
 Holding statements: (A) holding that fathers military service alone was neither political opinion nor sufficient to establish imputed political opinion (B) holding that the commissions choice to regulate  527 groups by determining whether they qualified as political action committees on a casebycase basis was neither arbitrary nor capricious (C) holding that the mere allegation of arbitrary and capricious action on defendants part absent a direct and pointed attack on the evidentiary basis of the agencys action is insufficient to warrant a judicial determination of wrongful agency action (D) holding that evaluations submitted after the committees final decision cannot be considered in determining whether the decision was arbitrary and capricious (E) holding that the classification made by  252242 was neither unreasonable nor arbitrary

Answer:
(B)