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: charge for each item or items. The Trial Court, however, refused to admit the last page of the bill that contained only a description of miscellaneous and a corresponding charge. Plaintiff had no testimony or other evidence to explain to the jury anything about the charge listed on the last page of the bill. The Trial Court stated such a description would force the jury to speculate regarding what supplies were encompassed within the charge for these miscellaneous items. A jury may not engage in speculation. Stringer v. Cooper, 486 S.W.2d 751, 756 (Tenn.Ct.App.1972) (stating “we understand the holding in those cases and many more like them to be that a jury may not speculate as to cause when one is not shown.... ”); Moon v. Johnston, 47 Tenn.App. 208, 337 S.W.2d 464, 469 (1959) (<HOLDING>). Without any testimony or other evidence to 
 Holding statements: (A) holding where reasonable difference of opinion as to whether the defendants act was the or a proximate cause of the injury the matter is for the jury to decide (B) holding a jury is not permitted to speculate or guess as to proximate cause (C) holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury (D) holding proximate cause almost always a question solely for the jury (E) holding that negligence must be the proximate cause of injury

Answer: (B)


Question: 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

Answer: (E)


Question: are complete and present within the proscribed state statute of limitations. Id. at 393-94, 127 S.Ct. 1091. Plaintiff argues that because Wallace dealt with a false arrest and not a search and seizure, its analysis is inapplicable. (D.E. 8, Plaintiffs Response). However, the general rule of Wallace soundly applies to a search and seizure scenario, as noted by the Sixth Circuit and several Kentucky district courts. See Harper, 293 Fed. Appx. at 391 n. 1 (“Wallace also clarified that Heck does not delay the accrual of an otherwise complete and present cause of action when judgment in the plaintiffs favor ‘would impugn an anticipated future conviction .... ’ Harper’s claims thus accrued on July 31, 2003, the date of the alleged illegal search and seizure.”); Kenney, 2011 WL 1582125 at *6 (<HOLDING>); Lovins v. Hurt, No. 11-216-JBC, 2011 WL 
 Holding statements: (A) holding that a plaintiffs  1983 claim accrued on the date of the alleged illegal search and seizure (B) holding that a ruling on preindictment motion that search and seizure were legal collaterally estopped defendant from later moving to suppress evidence claiming that search and seizure were illegal (C) holding that section 1983 action for unlawful search and seizure accrued on dates of seizures rather than date on which state court declared the acts illegal (D) holding that the plaintiffs cause of action accrued on the date of the repealer statute not on the date the wrong occurred despite the federal courts ruling as to the statutes unconstitutionality (E) holding that the cause of action accrued on the date of sale

Answer:
(A)