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: that he was on S.L.’s property, and he admitted that he took cigarettes and a lighter from the patio table. According to the recorded statement that Andrus gave to Detective Le-wállen, after' entering S.L.’s garage, An-drus changed his mind about being on S.L.’s property and decided to leave. The evidence at trial shows that Andrus did not have permission to be on the property or in S.L.’s garage or breezeway. Given the circumstances proven by the evidence admitted during Andrus’s trial, the jury could have reasonably inferred from the evidence that Andrus, when entering the garage or breezeway, intended to commit theft under a standard of beyond reasonable doubt even if he later changed his mind - about committing a crime. See Mauldin v. State, 628 S.W.2d 793, 795 (Tex.Crim.App.1982) (<HOLDING>); Solis v. State, 589 S.W.2d 444, 446 
 Holding statements: (A) holding defendants plea to indictment alleging 8000 theft was not an admission to the theft amount (B) holding that against her will in the rape statute means without her consent and that the fact that the victim was under the age of consent was sufficient to establish that element (C) holding that the defendants entry into the building having been made in the nighttime without the consent of the owner is sufficient to show an intent to commit theft (D) holding that the plaintiff must show felonious intent to commit theft in order to establish a violation of section 8120141 (E) holding that the consent of the driver was invalid when the officer knew that the passenger was the owner of the automobile

Answer: (C)


Question: case because in Revenue Cabinet, as here, the sales tax statute did not impose a test for passage of title, and an administrative rule did impose a test for passage of title. Id. at 738-39. Here, Hales makes no claim that the impermanence of its materials results in a generally understood, implicit agreement to pass title at some point before delivery. Moreover, our statute requires an explicit agreement on passage of title before the statutory presumption can be rebutted; there is no obvious provision in this statute for an implicit understanding, which the Kentucky court thought sufficient. Consequently, the facts of Revenue Cabinet aré inapposite and its result is inapplicable to the case at bar. See also Kurtz Concrete, Inc. v. Spradling, 560 S.W.2d 858, 862 (Mo.1978) (en banc) (<HOLDING>). We hold that the Commission applied the 
 Holding statements: (A) holding that title insurer not in business of supplying information in issuing either title commitment or policy of title insurance for purposes of exception to moorman prohi bition against recovery of economic losses in tort further holding that contract defines title insurers liability (B) holding that title passes on mixture of readymix concrete because of usage of trade (C) recognizing that most other courts apply title vii principles to title ix cases but refusing to apply title viis knew or should have known standard to a title ix claim (D) holding in a slander of title action that attorneys fees are recoverable as part of the costs of removing the cloud from the title (E) holding that void deed is neither title nor color of title

Answer: (B)


Question: denied. PETITION DISMISSED IN PART AND DENIED IN PART. ** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1 . Torres does not contest the IJ's finding that he committed an aggravated felony and is therefore ineligible for asylum under 8 U.S.C. § 1252(a)(2)(C); he merely argues that his aggravated felony conviction did not constitute a particularly serious crime, a sufficient finding to disqualify him from withholding of removal relief. 2 . The government argues that 8 U.S.C. § 1252(a)(2)(C) also bars our jurisdiction of Torres’s CAT claim. We disagree because in denying relief under the CAT, the BIA considered the merits and did not rely on Torres's prior conviction. Brezilien v. Holder, 569 F.3d 403, 410 (9th Cir.2009) 
 Holding statements: (A) recognizing that to survive dismissal a complaint must contain sufficient factual matter accepted as true to state a claim to relief that is plausible on its face internal quotation marks omitted (B) holding that as to factual issues when an ij does not rely on an aliens conviction in denying cat relief and instead denies relief on the merits none of the jurisdictionstripping provisions  apply to divest this court of jurisdiction ellipsis in original internal quotation marks omitted (C) recognizing that an aliens ability to secure reopening depends on a demonstration of prima facie eligibility for relief which means she must show a realistic chance that she will be able to obtain such relief internal quotation marks omitted (D) holding that the attorney generals discretionary power to suspend deportation did not apply to aliens within the country on parole because parole by statute was not to be regarded as an admission of the alien citation and internal quotation marks omitted (E) holding that an appeal is not moot so long as the appellate court can fashion relief that is both effective and equitable internal quotation marks omitted alteration in original

Answer:
(B)