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.

[EX Q]: be ascertained from the creating instrument, the permissible uses of an easement acquired by prescription are necessarily defined by the use of the servient land during the prescriptive period.”). In French, plaintiffs acquired a prescriptive right of user over a roadway for certain discrete purposes based on their past use of the property. We concluded that plaintiffs were not entitled to make a different use of the roadway because it would increase the burden on the servient estate and it would extend the right acquired by plaintiffs’ prior use of the property. French, 135 Vt. at 80, 369 A.2d at 1388. Thus, French does not support plaintiffs’ assertion that the reasonable use of the right>of-way at issue here depends on its historical use. Cf. Nelson, 113 Vt. at 172, 32 A.2d at 146 (<HOLDING>). Moreover, as previously discussed, we agree 
 Holding statements: (A) recognizing that an easement may entitle the easement owner to do acts which were not for the easement would constitute a nuisance (B) holding that one who possesses deeded easement need not use the easement to maintain his title and easement cannot be extinguished from nonuser alone (C) recognizing that where a grantee has an easement which he shares with others his duty to repair and maintain it must be apportioned with all other easement holders based upon the extent of the individuals use of the easement (D) holding that an easement agreement and an unrecorded easement plan created an easement (E) recognizing that one cannot have an easement in his own land
[EX A]: (B)

[EX Q]: business is a disputed question of fact which cannot be resolved on summary judgment. State Auto disputes Appellants’ arguments and also posits in the alternative that, even if Kraus was an “insured” at the time he committed the acts in question, Appellants’ false imprisonment claims were subsumed by their sexual assault claims. As discussed below, we conclude that the district court correctly found that the determination of whether Kraus was an “insured” under the policy is a question of law where the pertinent facts are undisputed, that the policy is not ambiguous, and that Kraus’s acts fall within the Criminal-Acts Exclusion. Because we affirm the district court on those grounds, we do not reach State Auto’s alternative argument in support 2d 349, 633 N.W.2d 707 (Wis.Ct.App.2001) (<HOLDING>); Michelet v. Scheuring Sec. Servs. Inc., 680 
 Holding statements: (A) holding the question of whether insurance companys requests were reasonable under policy language was a fact question (B) holding that the question of whether an employee was acting within the course and scope of his employment or while performing duties related to the conduct of the employers business for purposes of insurance coverage were questions of fact that precluded summary judgment particularly since there was a question regarding the employees intent in performing the act in question (C) holding that issues of fact precluded summary judgment on the question of whether an employee was acting within the course and scope of his employment for purposes of insurance coverage when the employee was simply sitting in his vehicle in his employers parking lot waiting for the business to open at the time the accident occurred (D) holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury (E) holding that generally the question of waiver and estoppel is a question of fact
[EX A]: (B)

[EX Q]: at 360, 97 S.Ct. 1843. Moreover, we also recognized that the pattern-or-practice method of proof had, in the past, been viewed as “no more than an application of the McDonnell Douglas “burden-shifting framework” to claims brought either by the government on behalf of a group of employees or by class plaintiffs. 685 F.3d at 147-148. Parisi recognizes that non-government plaintiffs can use the pattern-or-practice method only in class actions and argues that she is therefore entitled to pursue a class action in court. This logic is flawed. The availability of the class action Rule 23 mechanism presupposes the existence of a claim; Rule 23 cannot create a non-waivable, substantive right to bring such a claim. Wal-Mart Stores v. Dukes, - U.S. -, 131 S.Ct. 2541, 2561, 180 L.Ed.2d 374 (2011) (<HOLDING>). “[T]he right of a litigant to employ Rule 23 
 Holding statements: (A) holding that krs  3373852 prevents class certification under rule 23 in federal court because of the rules enabling act (B) holding that rule 5 prohibits a trial court from enlarging the period for taking action under the rules relating to new trials (C) holding that pleading rules are substantive (D) holding that the rules enabling act precludes rule from abridging enlarging or modifying any substantive right (E) holding that rules allowing multiple claims to be litigated together  including rule 23  are categorically valid under the rules enabling act
[EX A]:
(D)