instruction:
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.
question:
as it may sound. While our approach to constitutional interpretation ordinarily requires us to begin with the text of the pertinent provi sion, the Supreme Court has emphasized that “the sovereign immunity reflected in (rather than created by) the Eleventh Amendment transcends the narrow text of the Amendment itself.” College Sav. Bank v. Fla. Prepaid Postsecondary Ed. Expense Bd., 527 U.S. 666, 688, 119 S.Ct. 2219, 144 L.Ed.2d 605 (1999) (describing the “whole point” of the Supreme Court’s decision in Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890)). Consistent with this conception, the Court has repeatedly recognized sovereign immunity outside the literal text of the Eleventh Amendment. See, e.g., Alden v. Maine, 527 U.S. 706, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999) (<HOLDING>); Seminole Tribe of Florida v. Florida, 517 
 Holding statements: (A) holding a suit against an agency of the state is a suit against the state (B) holding state immune from suit brought by its own citizens (C) holding state immune from suit brought in state court (D) holding state immune from suit involving a federal question (E) holding that the state is immune from punitive awards
answer:
(C)


question:
other non-Virginia cases offer a compelling basis for adopting the per se rule Allied has proposed. In National City Bank v. Fleming, 2 Ohio App.3d 50, 440 N.E.2d 590, 599 (1981), for instance, the court said: It has long been the law of equity that a person who confers a benefit either directly or indirectly upon another in the course of performance of a contract with a third person is not entitled to compensation ... merely because of the failure of performance by the third party. However, where it appears from all the facts that the conferral of such benefit was the product of fraud, misrepresentation or bad faith by the party accepting and retaining such benefit, equity will imply an obligation to make payment therefor. See Costanzo v. Stewart, 9 Ariz.App. 430, 453 P.2d 526 (1969) (<HOLDING>), (emphasis added) (some citations omitted). 
 Holding statements: (A) holding that a hospital could not be an erisa beneficiary (B) holding that the thirdparty beneficiary theory did not apply (C) holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons (D) holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit (E) holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms
answer:
(D)


question:
TEX.CODE CRIM.PROC. ANN. art. 18.06(a) (Vernon 1977); see Swanson v. State, 113 Tex.Cr.R. 104, 18 S.W.2d 1082 (1929). The State asserts that the warrant could not have been signed and issued on March 20, 1987, because (1) according to the complaint, the affiant did not receive the informant’s report until March 25, 1987; (2) the complaint for the search warrant was filed on March 25, 1987; (3) the warrant did not “come to hand” until March 25, 1987; and (4) the warrant was executed on March 25, 1987. The State concludes that the March 20 dates are clerical errors which do not affect the validity of the search warrant. The State argues that courts must interpret affidavits and warrants in a common sense and realistic fashion. Faulkner v. State, 537 S.W.2d 742 (Tex.Crim.App.1976) (<HOLDING>). We agree. However, there is no reason, other 
 Holding statements: (A) holding that court must use common sense in interpreting warrant containing grammatical error (B) holding that a district court must dismiss habeas petitions containing any claims that have not been exhausted in state court (C) holding that in interpreting a contract the actual purpose and intent of the parties must be derived (D) recognizing fraud in the inducement as defense under federal common law interpreting erisa (E) holding that common knowledge and common sense of one skilled in the art must be considered in determining obviousness
answer:

(A)