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:
Respondents reversed their position at oral argument) that once subsection four applies, subsection one no longer governs. The parties do dispute the meaning of the word “claimant” in subsection four. Under the plurality’s view, as Chief Justice Eismann points out in the Gillihan II dissent, the word “claimant” in subsection four must be synonymous with the idea of “prevailing party.” This is because, in order for the word “claimant” in subsection four to refer to either the defendant or plaintiff, it must also signify that such a defendant or plaintiff has prevailed in the personal injury action, since losing parties do not recover attorney fees under Idaho law. See Gillihan II at 271, 92 P.3d at 521 (Eismann, J., concurring in disse 53 Idaho 200, 201, 23 P.2d 739, 740 (1933) (<HOLDING>); In re Segregation of School Dist. No. 58 from 
 Holding statements: (A) holding elimination of provisions prior to passage of bill requiring a certificate of convenience and necessity indicates legislature intentionally omitted such provisions (B) holding that statutory notice provisions for notice of default and opportunity to cure were waived by provisions of note as to one obligor though provisions applied to coobligor who used property as residence (C) holding that the hearing provisions of the ina supersede the provisions of the apa (D) holding predecessor statute unconstitutional specifically because of vicariousliability provisions elimination of intent requirement (E) holding that such provisions are valid
answer:
(A)


question:
as she has failed to show that a majority of the arbitrators deliberately disregarded the law. (See id.) Although the award in this case is general, it does not appear that the panel deliberately disregarded the law. Both parties made viable legal arguments to the arbitration panel regarding equitable remedies and defenses including the voluntary payment doctrine, which the panel says it considered. Although the voluntary payment doctrine could preclude Olde’s recovery, it is not applicable in all situations and there are exceptions to the doctrine. For example, courts have found that if a mistake of fact is alleged, then the voluntary payment doctrine does not apply. See Kane-Miller Corp. v. Lakeview Trust & Sav. Bank, No. 88 C 7561, 1989 WL 13295, at *1 (N.D.Ill. Feb.13, 1989) (<HOLDING>); see also Best Buy Co. v. Harlem-Irving Cos., 
 Holding statements: (A) holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff (B) recognizing that a mistake of fact may constitute a valid defense (C) holding that applicability of the voluntary payment doctrine and the mistake of fact exception raises questions of fact that cannot be resolved on a motion to dismiss (D) holding that money paid under mistake of fact may be recovered regardless of the negligence of the payor (E) holding the general rule is that money paid to another under a mistake of fact may be recovered because the money belongs in equity and good conscience to the person who paid it
answer:
(D)


question:
was misrepresented as a tax, I agree with the majority that the trial court did not abuse its discretion in denying class certification. The trial court noted that there were various methods used by South Lubes to inform customers that the fee was not a tax, including menu boards, verbal explanations, and a letter and fee explanation notices. Moreover, the invoices showing the fee separately showed taxes charged. The trial court reasoned that it would be necessary to make a number of individual inquiries to determine which potential class members had actual knowledge that the fee was not a tax. Because of these individual inquires, I agree that the trial court did not abuse its discretion in denying certification. See The St. Joe Co. v. Leslie, 912 So.2d 21, 24-26 (Fla. 1st DCA 2005) (<HOLDING>). Appellant argues that the trial court erred 
 Holding statements: (A) holding that common issues of fact did not predominate because it was necessary to make an individualized inquiry into equitable circumstances (B) holding that individualized factual determinations precluded finding that common issues predominate reversing the class certification order (C) holding that the mere existence of individualized factual questions with respect to the class representatives claim will not bar class certification (D) holding that because the defendant has the right to litigate the issue of each class members consent the trial court did not improperly exercise its discretion in finding that these issues would predominate over common questions (E) holding that district court did not abuse its discretion in refusing to certify class action when claims were so individualized that certification was improper
answer:

(B)