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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: small pieces of the Walkway, or access to the Walkway, built upon it. See Def.-Int. Reply at p. 14 (noting that the second of two issues remaining for the Court to decide, given that the public trust doctrine gov erns a large portion of the land at issue, is “whether the state acted rationally in determining that access across the perpendicular paths and scattered small portions of the Walkway constructed on uplands is ‘reasonably necessary’ to protect that public’s right of access to the remaining 88.7 percent of the Walkway that is situated on tidelands”). Plaintiffs’ taking claims with respect to this small portion of the property at issue are governed by the reasonableness test enunciated in Matthews. See Matthews v. Bay Head Improvement Ass’n, 95 N.J. 306, 326, 471 A.2d 355 (1984) (<HOLDING>), cert. denied, 469 U.S. 821, 105 S.Ct. 93, 83 
 Holding statements: (A) holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act  of the public or public official asserted the use to be exercised as a matter of right rather than privilege (B) holding that in order to exercise its rights under the public trust doctrine the public must be given both access to and use of privatelyowned dry sand areas as reasonably necessary (C) holding that the borough of deals dedication of a portion of a beach for use by its residents only was immaterial given the public trust doctrines requirement that the public be afforded the right to enjoy all dry sand beaches owned by a municipality (D) holding that under the public standing doctrine it is only necessary that the relator shall be a citizen and as such interested in the execution of the laws (E) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public

A: holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act  of the public or public official asserted the use to be exercised as a matter of right rather than privilege
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Q: relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of  presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action

A: holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion
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Q: and after the transfer between the sons. The transfer-of-shares agreement cannot be considered a contract by Joe Sr. to transfer four shares of stock to Joe Jr. because it does not meet the basic requirements for a contract: it states no action or forbearance by Joe Sr. in return for an action or forbearance by Joe Jr. Compare § 7-8-319, Ala. Code 1975, the former “Statute of Frauds” for securities transactions, that, at the time relevant here, required, in a contract for the sale of securities, a writing “signed by the party against whom enforcement is sought ... sufficient to indicate that a contract has been made for sale of a stated quantity of described securities at a defined or stated price.” (Emphasis added.) See DeVito v. Sheeran, 165 N.J. 167, 189, 755 A.2d 1147, 1160 (2000) (<HOLDING>). Although Joe Sr.’s signature on the 
 Holding statements: (A) holding unconscionable a disclaimer of warranties under the uniform commercial code where there was allocation of commercial risks in a socially or economically unreasonable manner (B) recognizing the purpose of a uniform statewide building code (C) holding that a memorandum referring to the allocation of stock ownership did not satisfy  8319 of the uniform commercial code (D) holding that the uniform commercial code specifically encompassed a software licensing agreement (E) holding that the hospital was fraudulently joined because it did not meet the definition of seller as defined by mississippis product liability statute or under the uniform commercial code

A:
holding unconscionable a disclaimer of warranties under the uniform commercial code where there was allocation of commercial risks in a socially or economically unreasonable manner
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