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: matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any 
 Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter

Answer: (B)


Question: process.” Final Rule Establishing an Administrative Appeal Process for the Regulatory Program of the Corps of Engineers, 65 Fed. Reg. at 16488. Additionally, the preamble notes that, because physical circum stances can change over time, "JDs are not necessarily 'final' even as an administrative matter.” Id. Based on the foregoing, it seems rather doubtful that the Corps’ decision to certify Dr. Booth’s delineation constituted a final determination entitled to preclusive effect. See Zurcher v. Bilton, 379 S.C. 132, 135, 666 S.E.2d 224, 226 (2008) (issue preclusion applies when an issue has been "actually litigated and determined by a valid and final judgment”) (emphasis added). 10 . See Chasm Hydro, Inc. v. N.Y. State Dep't of Envtl. Conservation, 58 A.D.3d 1100, 872 N.Y.S.2d 235 (2009) (<HOLDING>). 11 . See Ouellette, 479 U.S. 481, 107 S.Ct. 
 Holding statements: (A) holding local regulation of hazardous waste disposal facilities preempted by comprehensive and detailed state regulatory scheme (B) holding that federal power act and cwa largely preempted the field of regulating hydroelectric facilities (C) holding pennsylvania statute regulating subrogation is a law regulating insurance (D) holding that subsequent congressional statute regulating registration of aliens retroactively preempted state law (E) holding that the plaintiffs state law claims are preempted by federal law

Answer: (B)


Question: buys than in Smith by equipping the informant with an audio transmitter. See id. Fountain therefore fails to show that Ruffin knowingly or recklessly mischaracterized these operations as controlled buys. Fountain also points out that the description of “the premises” in the affidavit’s preamble includes his apartment’s street address, whereas the street address is missing from the sworn facts section’s description of “the premises.” He argues that this variation blurs the point as to whether Detective Ruffin could actually see the informant buy drugs from Apartment 2. Because we read both descriptions as fairly referring to Apartment 2, we cannot say the variance in descriptions in any way misleads. See United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965) (<HOLDING>). %: Omission of Material Fact Fountain’s claim 
 Holding statements: (A) holding officers did not have a realistic opportunity to intervene because they were not present at the time of the shooting (B) recognizing that because affidavits are typically drafted in the midst and haste of a criminal investigation by nonlawyers they must be read with an understanding of that context and accordingly held to a lower standard of scrutiny than that applied to pleadings filed in more formal proceedings (C) holding that investigation was not conducted with sufficient haste when the defendant was detained for over fortyfive minutes (D) holding outofcourt statements relating to reasons for investigation are not admissible where the reasons for the investigation are not at issue (E) holding that affidavits for search warrants must be interpreted in a commonsense and realistic fashion because they are normally drafted by nonlawyers in the midst and haste of a criminal investigation

Answer:
(E)