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: statement “is admissible only if it bears adequate ‘indicia of reliability.’ ” Id. In Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), the Supreme Court departed from its ruling in Roberts and established a new standard for determining when hearsay statements of an unavailable witness may be admitted as evidence against a criminal defendant consistently with the Confrontation Clause. The standard set forth- in Crawford actually expanded defendants’ confrontation rights beyond what was contemplated in Roberts. Compare Crawford, 541 U.S. at 53-55, 124 S.Ct. 1354 (requiring unavailability and a prior opportunity for cross-examination to admit testimonial hearsay statements of witnesses not appearing at trial), with Roberts, 448 U.S. at 72-73, 100 S.Ct. 2531 (<HOLDING>). Prior to the decision in Crawford, this Court 
 Holding statements: (A) holding that witness hearsay statements may be admitted whenever they bear sufficient indicia of reliability even without crossexamination (B) holding that the sixth amendment confrontation clause was not violated by the admission of hearsay statements under a georgia statute permitting an exception for statements by coconspirators where there was sufficient indicia of reliability supporting the truth of the statements (C) holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence (D) holding that judges may consider any relevant evidence bearing some substantial indicia of reliability including reliable hearsay in a probation revocation hearing (E) holding that it would have been proper to admit party opponent admissions although they were based on multiple levels of hearsay and test their reliability on crossexamination but upholding the district courts exclusion of the statements where the hearsay statements lacked any factual content and lacked any indicia of trustworthiness

Answer: (A)


Question: 393 N.W.2d 286, 290-91 (S.D.1986). • GILBERTSON, Chief Justice, (dissenting).. [¶ 26.] I respectfully dissent. I would reverse the lower court on Issue 2. I would hold the trial court erred when it granted partial summary judgment to 01-esens, holding City’s operation of food service at the municipal bar was an ultra vires act. [¶27.] An express grant of authority from the legislature “includes those incidental or implied powers that are necessary to enable a municipality to perform the function authorized.” City of Rapid City v. Rensch, 77 S.D. 242, 246, 90 N.W.2d 380, 383 (1958) (citation omitted). A municipality is vested with discretion as to how it exercises specific powers conferred upon it by the legislature, as long as the methods employed are n , 59 N.W.2d 732, 734 (1953) (<HOLDING>). Actions taken under a municipality’s implied 
 Holding statements: (A) holding municipality had implied authority to enter into a long term contract to establish a golf course although state statute did not specifically grant authority to establish golf courses as public parks (B) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (C) holding that the governments attorney had the implicit authority to bind the government although the contracting officer had the express authority (D) holding that plaintiff had no authority or statutory right for actions proper course was to report actions to proper legal authority (E) holding the court has the inherent authority to enter an order of confidentiality

Answer: (A)


Question: customs and practices of the trade could conclude that WQIS’s liability under Coverage C ceased once the Coverage A limit was reached. See Morgan Stanley, 225 F.3d at 275 (describing when a contract provision is ambiguous). First, the phrase “liabilities covered” in the Coverage C insuring provision could reasonably be read to refer only to liabilities that WQIS was required to cover under Coverage A, that is, up to $5 million per vessel. Under this interpretation, any liability above $5 million was not “covered,” and - therefore defense costs incurred with respect to liabilities above $5 million did not arise from “liabilities covered.” See Stonewall Ins. Co. v. Asbestos Claims Mgmt. Corp., 73 F.3d 1178, 1219 (2d Cir. 1995), modified on other grounds by 85 F.3d 49, 51 (2d Cir. 1996) (<HOLDING>). A reasonable person could conclude that once 
 Holding statements: (A) holding that costs are not fixed until judgment is entered and interest can only run on costs when due (B) holding that allied may not be held liable for portion of attorneys fees paid pretender of defense due to policy provision precluding reimbursement for defense costs voluntarily incurred (C) holding that trustee and personnel liability policy only covered the trustees and not the school itself (D) holding that an insurer had no duty to defend in the absence of any cause of action amounting to a potentially covered offense under the  insurance policy (E) holding where an insurance policy indemnifies defense costs paid as a result of occurrences covered that the insurer need only reimburse defense costs for claims that are established to be covered through judgment and settlement and not for claims only potentially falling within the policys coverage

Answer:
(E)