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 Input:
669 (1971). Although Plaintiff requests resolution of seemingly unsettled State law questions, the issues at bar fall squarely within the Burford parameters: Plaintiff has presented difficult issues of state law, gaming is arguably an area of important state policy in Texas, and the Texas Lottery Commission (TLC) provides the unified State enforcement mechanism for some aspects of gaming law in Texas. Moreover, both the TLC and Office of the Attorney General provide an administrative procedure for organizations and individuals to request advisory opinions regarding the legality of proposed gaming actions. Certification to the Texas Supreme Court to answer the state law question at issue here would be ideal. See Lehman Bros. v. Schein, 416 U.S. 386, 94 S.Ct. 1741, 40 L.Ed.2d 215 (1974)(<HOLDING>). However, under the Texas Constitution, 
 Holding statements: (A) holding that the decision to transfer rests within the sound discretion of the district court (B) holding that certification of a remand order divests federal court jurisdiction (C) holding that the decision to transfer rests within the sound discretion of the court (D) holding that it was proper in determining certification to consider whether certification would foster the settlement of the case with advantage to the parties and with great savings in judicial time and services (E) holding that certification to the state supreme court rests in the sound discretion of the federal court and that certification in the long run saves time energy and resources as well as helps to build a cooperative judicial federalism

Ex Output:
(E)


Ex Input:
essential element of an elevated breath alcohol level. Consequently, he contends that the judge’s ruling was essentially a determination that the exclusion of the BAT results left the State without sufficient proof to convict Defendant of the DWI charge, and that this constituted an adjudication of his innocence. Defendant also asserts that the judge’s oral comments that he had “reasonable doubt” and that he found Defendant “not guilty” further indicate that the judge deliberated on the merits of the case and acquitted Defendant of the DWI charge. Defendant does not, however, argue that the judge expressly ruled that Defendant was acquitted of the charges, nor would the record support such an assertion. See County of Los Alamos v. Tapia, 109 N.M. 736, 741, 790 P.2d 1017, 1022 (1990) (<HOLDING>). {20} The State concedes that jeopardy 
 Holding statements: (A) recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists (B) recognizing that an actual express judgment of acquittal precludes retrial regardless of any defects in the process leading to the judgment (C) holding that defects in service of process must be raised in preliminary objections (D) holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him (E) recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it

Ex Output:
(B)


Ex Input:
v. United Technologies Corp., 985 F.2d 1148, 1154 (2d Cir.1993) (stating “[b]e-cause the qui tam relator: (1) funds the prosecution of the FCA suit, (2) will receive a private share in the government’s recovery only upon prevailing, and (3) may be liable for costs if the suit is frivolous, the relator’s personal stake in the case is sufficiently ensured.”); United States Dept. of Housing and Urban Dev. ex rel. Givler v. Smith, 775 F.Supp. 172, 180 (E.D.Pa.1991) (acknowledging that a relator’s personal interest in the outcome in the litigation, the relator is considered to have “a sufficient stake to ensure the genuine adverseness of the litigation.”) (citing Flast, 392 U.S. at 99); United States ex rel. Stillwell v. Hughes Helicopters, Inc., 714 F.Supp. 1084, 1097-99 (C.D.Cal.1989) (<HOLDING>). The second rationale courts apply is that the 
 Holding statements: (A) holding that a reasonable probability is one that in the judgment of the reviewing court is  sufficient to undermine confidence in the outcome of the proceeding citation omitted (B) recognizing that the mere plausibility of a different outcome is not sufficient to justify reversal (C) holding statutory violation sufficient cause (D) recognizing that the statutory bounty is sufficient to give the relator a personal stake in the outcome (E) holding that an employer does not have thirdparty standing to challenge a labor statute on its employees behalf simply because the employees probably would not be motivated to assert their own interests because they lack a sufficient individual economic stake in the outcome

Ex Output:

(D)