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:
is adverse to its interests. Lamar cites no authority establishing that either “fact” was material to determining whether City exceeded the scope of its powers by surrendering and contracting away zoning authority that would otherwise have applied to Lamar’s efforts to rebuild or relocate eight of the forty-two signs identified in the Agreement. For reasons we explain, neither factual contention prevented the entry of summary judgment in favor of City as a matter of law. We have already explained that the Agreement hindered City’s zoning authority, and that zoning authority is an exercise of police powers. City thus established all that was necessary to demonstrate that the Agreement exceeded the scope of City’s powers in violation of section 432.070. Stewart, 165 S.W.2d at 629 (<HOLDING>). It is true that “[t]he due process clauses of 
 Holding statements: (A) recognizing governmental interest in rehabilitation (B) holding that a local governmental body exceeds its jurisdiction under crcp 106a4 when it exercises discretion it does not have (C) holding that if a contract surrenders or contracts away governmental functions then it exceeds the scope of a governmental entitys powers and is void (D) holding governmental immunity is no defense to contractual liability (E) holding section 1010215 does not waive governmental immunity merely because a governmental action falls within the listed governmental functions thus further inquiry under the act is necessary

Ex Output:
(C)


Ex Input:
child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed. Id. § 261.106(a) (emphasis added). The dissent also correctly points out that “Immunity from liability and immunity from suit are two distinct principles.” Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999). Finally, the dissent even recognizes that “[ijmmunity from liability is an affirmative defense, while immunity from suit deprives a court of subject matter jurisdiction.” Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex.2004); see also City of Hous. v. Williams, 353 S.W.3d 128, 134 (Tex.2011) (<HOLDING>); Harris County Hosp. Dist. v. Tomball Reg’l 
 Holding statements: (A) holding that the oneyear bar contained in  2255 acts as an affirmative defense and not a jurisdictional bar (B) holding bjecause immunity from liability constitutes an affirmative defense not a jurisdictional bar only immunity from suit is properly before us today (C) recognizing that under texas law governmental immunity embraces two principles immunity from liability and immunity from suit (D) holding that qualified immunity is not merely immunity from damages but also immunity from suit (E) holding immunity from liability is not jurisdictional

Ex Output:
(B)


Ex Input:
convictions are impermissible when they rest on the same “unit of prosecution,” i.e., when they “punish a defendant twice for continuous possession of a firearm in furtherance of co-terminous predicate offenses involving essentially the same conduct.” United States v. Wallace, 447 F.3d 184, 187-88 (2d Cir.2006) (internal quotation marks omitted). Where, as here, predicate offenses are distinct in time and conduct, however, involvement of the same weapon will not bar consecutive sentences. See United States v. Salameh, 261 F.3d 271, 277-79 (2d Cir.2001) (upholding consecutive sentences for § 924(c)(1) violations involving same bomb, where predicate offenses were not co-terminous and punished defendant separately for carriage and use); see also United States v. Mejia, 545 F.3d at 205-06 (<HOLDING>). Moreover, overwhelming trial evidence showed 
 Holding statements: (A) holding that conviction of and punishment for both the underlying predicate offense and continuing criminal enterprise does not violate double jeopardy (B) holding motion for attorneys fees was necessary predicate (C) holding that conspiracies can serve as predicate acts for a rico conspiracy (D) recognizing that deprivation of a right was a necessary predicate to  1983 conspiracy liability (E) holding that single conspiracy connecting multiple assaults does not preclude treating assaults as separate predicate offense nor does fact that assaults are clustered in time and space merge them into one predicate crime

Ex Output:

(E)