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: Legislative acts are those which involve policy-making decision of a general scope or, to put it another way, legislation involves line-drawing. Where the decision affects a small number or a single individual, the legislative power is not implicated, and the act takes on the nature of administration. In addition, the act must be “procedurally” legislative, that is, passed by means of established legislative procedures. This principle requires that constitutionally accepted procedures of enacting the legislation must be followed in order to assure that the act is a legitimate, reasoned decision representing the will of the people which the governing body has been chosen to serve. E.g., Immigration & Naturalization Service v. Chadha, 462 U.S. 919, 103 S.Ct. 2764, 77 L.Ed.2d 317 (1983) (<HOLDING>). Thus, the procedure the legislature follows 
 Holding statements: (A) holding on the merits that the existence of an unexercised legislative veto provision in a statute would render invalid actions taken under the statute unless the legislative veto provisions were severable from the portion of the statute pursuant to which the challenged actions were taken (B) holding that legislative consent to suit must be by clear and unambiguous language in either a statute or by other express legislative permission (C) holding onehouse legislative veto unconstitutional (D) holding that determining legislative intent is a question of law (E) holding acts of voting to be quintessentially legislative and the introduction of a budget to be formally legislative

Answer: (C)


Question: Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, “although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority.” Id. The Court agrees with the Second Circuit’s analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any 
 Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made

Answer: (E)


Question: floor bathroom prior to the date Phillips fell. Riley understood the reason for the water was due to “some type of plumbing problem.” Riley stated there was a problem with the plumbing in the first floor bathroom “at least every other month.” Riley further stated that every time he was in the bathroom, it was “sloppy, with water on the floor and water on the counter. I have never seen it in a clean condition.” Phillips argued a genuine dispute existed as to the element of knowledge because this evidence established that “the maintenance crew knew that the bathroom' in question had had plumbing issues in the past, and had on more than one prior occasion, cleaned up and fixed said plumbing issues.” See Zacher v. Missouri Real Estate & Ins. Agency, Inc., 393 S.W.2d 446, 448-49 (Mo. 1965) (<HOLDING>); Braun, 907 S.W.2d at 374 (holding the 
 Holding statements: (A) holding that plaintiff failed to show that the defendant had actual or constructive notice of a puddle of water that had accumulated on a bank floor on a rainy day 20 minutes after the bank opened (B) recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge (C) holding the defendant had actual knowledge of a dangerous condition a wet floor in the second floor hallway because snow and sleet regularly accumulated there in periods of inclement weather (D) holding that in the absence of undisputed evidence the issues of whether a store in a slipandfall case had actual or constructive knowledge of an item on the floor is a question reserved for the jury (E) holding that absent any actual evidence of injury the plaintiffs allegations were too vague to establish the jurisdictional floor for damages

Answer:
(C)