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.

Input: Consider 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

Output: (B)


Input: Consider Input: case because in Revenue Cabinet, as here, the sales tax statute did not impose a test for passage of title, and an administrative rule did impose a test for passage of title. Id. at 738-39. Here, Hales makes no claim that the impermanence of its materials results in a generally understood, implicit agreement to pass title at some point before delivery. Moreover, our statute requires an explicit agreement on passage of title before the statutory presumption can be rebutted; there is no obvious provision in this statute for an implicit understanding, which the Kentucky court thought sufficient. Consequently, the facts of Revenue Cabinet aré inapposite and its result is inapplicable to the case at bar. See also Kurtz Concrete, Inc. v. Spradling, 560 S.W.2d 858, 862 (Mo.1978) (en banc) (<HOLDING>). We hold that the Commission applied the 
 Holding statements: (A) holding that title insurer not in business of supplying information in issuing either title commitment or policy of title insurance for purposes of exception to moorman prohi bition against recovery of economic losses in tort further holding that contract defines title insurers liability (B) holding that title passes on mixture of readymix concrete because of usage of trade (C) recognizing that most other courts apply title vii principles to title ix cases but refusing to apply title viis knew or should have known standard to a title ix claim (D) holding in a slander of title action that attorneys fees are recoverable as part of the costs of removing the cloud from the title (E) holding that void deed is neither title nor color of title

Output: (B)


Input: Consider Input: Cir.1994), a case involving the violent ‘war’ between factions of the Colombo Family criminal enterprise, the Second Circuit rejected the appellan (2d Cir.1991) (rejecting a sufficiency challenge that argued “violent in-fighting somehow proves that the [enterprise] was never a cohesive, ongoing association” because “evidence clearly established that, regardless of internal disputes and membership changes, the [group’s] power structure endured and its members functioned as a unit” during the relevant period); United States v. Marino, 277 F.3d 11, 26 (1st Cir.2002) (noting, in the course of a discussion on evidence admissibility, that two factions existed within the same overall enterprise despite a conflict between them); United States v. Pungitore, 910 F.2d 1084, 1100-01 (3d Cir.1990) (<HOLDING>). Moreover, in another Mexican Mafia case, we 
 Holding statements: (A) holding an organization had standing because some of its individual members did (B) holding thatthe evidence also shows that the appellants killed in response to a members showing of disloyalty to the organization  and to eliminate a faction of the enterprises membership which threatened one defendants leadership (C) holding that evidence that defense witnesses were members of the same organization of tax protesters as defendant was properly admitted to show bias (D) holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact (E) holding that an organization whose members are injured may represent those members even where the organization itself cannot show injury


Output: (B)