TASK DEFINITION: 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.
PROBLEM: March 23, 2005, the court held a hearing and, by order bearing the same date, denied the motion, based on the Board’s untimeliness. Discussion Appellant, asserting the interests of the Director and the Animal Services Division, the latter a party to the administrative proceeding and a part of County government, contends the circuit court abused its discretion in denying appellant’s motion for reconsideration without applying the usual standard of review applicable to decisions of administrative agencies. Appellee has not filed a brief on appeal. The standard for judicial review of administrative decisions is well settled. As summarized by the Court of Appeals in Board of Physician Quality Assurance v. Banks, 354 Md. 59, 729 A.2d 376 (1999). A court’s role i 5, 406, 880 A.2d 1118 (2005) (<HOLDING>); Dep’t of Labor v. Boardley, 164 Md. App. 404, 
 Holding statements: (A) holding that in reviewing a gaming commission decision the court will examine the record to determine if there is any evidence to support the commissions order (B) holding that a reviewing courts task is to determine whether there was substantial evidence before the administrative agency on the record as a whole to support the agencys conclusions (C) holding that a courts role in reviewing an administrative agency decision is limited to determining if there is substantial evidence in the record as a whole to support the agencys findings and conclusions and to determine if the administrative decision is premised upon an erroneous conclusion of law (D) holding that under the substantial evidence standard the reviewing court must decide whether on this record it would have been possible for a reasonable jury to reach the agencys conclusion (E) holding the courts scope of review is  limited to determining whether the commissioner applied the correct legal standards and whether the record as a whole contains substantial evidence to support the commissioners findings of fact 

SOLUTION: (B)

PROBLEM: of Liability Provisions SBVS argues that Plaintiffs are not entitled to lost rent or diminution in value damages because both of the Agreements contain provisions barring the award of consequential damages. The Court concludes that the enforceability of these provisions turns on disputed facts and, therefore, that summary judgment on this issue is improper. Generally, provisions limiting liability in construction contracts are enforceable under California law so long as the parties negotiated and expressly agreed to the limitations. See Cal. Civ.Code § 2782.5. However, such a provision is unenforceable if it is unconscionable or otherwise contrary to public policy. Markborough California, Inc. v. The Superior Court of Riverside County, 227 Cal.App.3d 705, 715, 277 Cal.Rptr. 919 (1991) (<HOLDING>). Under § 1668 of the California Civil Code, 
 Holding statements: (A) holding that plaintiffs who had been served and received responses to interrogatories on personal jurisdiction had had such a fair opportunity (B) holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant (C) holding contract not unconscionable where parties were of equal bargaining power plaintiff had opportunity to have an attorney review the contract the contract was clear and easily read the plaintiff had been a party to similar contracts in the past and was under no financial pressure to sign the con tract (D) holding that the plaintiff had failed to establish procedural unconscionability since he had a reasonable opportunity to consider the agreement and the arbitration clause was clearly set forth in the contract (E) holding that limitation of liability clause in construction contract that is not unconscionable or in violation of public policy is valid so long as parties had a fair opportunity to accept reject or modify limitation and affirming summary judgment on basis that plaintiff had presented no evidence that it had had no such opportunity

SOLUTION: (E)

PROBLEM: v. Pembroke Real Estate, Inc., 459 F.3d 128, 142 (1st Cir.2006). Moreover, the broad scope of the Copyright Act definitions may be of limited assistance as the court applies a “common sense” analysis of whether a particular unfinished work may be covered by VARA. One of the co-sponsors of VARA observed that “we have gone to extreme lengths to very narrowly define the works of art that will be covered.... The definition is not synonymous with any other definition in the Copyright Act....” H.R.Rep. No. 101-514, at 11. In Lilley v. Stout, 384 F.Supp.2d 83 (D.D.C.2005), the district judge noted that “VARA established a new and distinct genus of art: ‘works of visual art,’ which differs in many respects from the pre-existing categories in Section 102(a) of the Copyright Act.” Id. at 86 (<HOLDING>). While this overview leaves much that is 
 Holding statements: (A) holding that a set of photographs taken to be used as studies for a painting did not qualify for vara protection (B) holding that the defendants evidence did not qualify as newly discovered evidence (C) holding negligence on the part of the attorney does not qualify for such relief (D) holding that use of a pretext phone call did not qualify for protection because the technique is generally known to the public (E) holding that purely reputational damage does not qualify for dueprocess protection

SOLUTION:
(A)