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.
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Question: to invoke the jurisdiction of the trial court. As a matter of first consideration, any court has the duty to determine, sua sponte, whether it has jurisdiction to hear the case. Welch v. McDougal, 876 S.W.2d 218, 220 (Tex.App.-Amarillo 1994, writ denied). As material to this question, section 65.023(b) of the Texas Civil Practice & Remedies Code requires that an application for an injunction to stay proceedings in a suit or execution on a judgment must be tried in the court in which the suit is pending or the judgment was rendered. This requirement is jurisdictional and does not relate merely to venue. See Butron v. Cantu, 960 S.W.2d 91, 94 (Tex.App.-Corpus Christi 1997, no writ); Home Sav. Ass’n v. Ramirez, 600 S.W.2d 911, 913 (Tex.Civ.App.-Corpus Christi 1980, writ refd n.r.e.) (<HOLDING>). Because the Gard-ners seek to challenge 
 Holding statements: (A) holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is  no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court (B) holding that a judgment is subject to collateral attack where  the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court  exceeds the powers conferred on it by constitutional or statutory provisions (C) holding that a dis trict court has no authority to issue injunction restraining enforcement of judgment of the county court where as here the judgment solely resolves who is entitled to immediate possession (D) holding that motion to dismiss should not  be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law (E) holding that a judgment of another states court is entitled to full faith and credit j when the judgment is considered final under the laws of the rendering state

Answer: holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is  no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court


Question: seeking to invoke the exception must establish that they agreed to engage in a joint effort and to keep the shared information confidential from outsiders. See, e.g., United States v. Schwimmer, 892 F.2d 237, 243-44 (2d Cir.1989) (finding valid joint defense privilege where information was “imparted in confidence” between parties “who had agreed upon and undertaken a joint strategy”); United States v. Sawyer, 878 F.Supp. 295, 297 (D.Mass.1995) (despite similar interests between employer and employee, insufficient evidence that communications were made during the course of a joint defense effort; proponent could neither establish time frame of agreement nor acts creating and/or terminating the agreement); United States v. United Tech. Corp., 979 F.Supp. 108, 110, 112 (D.Conn.1997) (<HOLDING>); Libbey Glass, Inc. v. Oneida, Ltd., 197 
 Holding statements: (A) holding common interest doctrine shielded information consortium members shared pursuant to collaboration agreement (B) recognizing doctrine (C) recognizing that tribes and states understood that they shared the right to manage the exercise of in common hunting and fishing rights (D) recognizing a subset of the common interest privilege as parents and schools have a corresponding interest in the free flow of information about administrators and faculty members (E) holding that there was no waiver of the work product protection because the business and public relations firm specializing in litigationrelated crisis management shared a common interest

Answer: recognizing doctrine


Question: thereby preventing his constitutional injury. Second, he alleges that the department failed to adequately train and supervise the officers who arrested him and that, had it done so, his injury would not have occurred. The court will address these issues seriatim. 1. Failure to Investigate Citizen Complaints A custom of failing to investigate citizen complaints may provide a basis for municipal liability if the “a policy-maker (1) had notice that a constitutional violation was likely to occur, and (2) acted with deliberate indifference to the risk.” Hernandez v. Borough of Palisades Park Police Dep’t, 58 Fed-Appx. 909, 912 (3d Cir. 2003); Beck v. City of Pittsburgh, 89 F.3d 966, 973 (3rd Cir.1996); Maiale v. Youse, No. Civ. A. 03-5450, 2004 WL 1925004, at *8 (E.D.Pa. Aug.27, 2004) (<HOLDING>). The plaintiff must also prove that the 
 Holding statements: (A) holding that a citys failure to discipline a police officer for an isolated incident involving the alleged use of excessive force to effect an arrest did not give rise to an inference that the city had an official policy authorizing or encouraging police misconduct (B) holding that fire departments are analogous to police departments in this respect (C) holding that failure to furnish proper training instruction training manuals and documents to officer who injured plaintiff failure to provide adequate tests for that officer and failure to discipline that officer fell outside ttcas property waiver (D) holding police officer is a public official (E) holding that police departments failure to discipline an officer can create municipal liability particularly when plaintiffs injuries result from conduct similar to that alleged in prior complaints against the officer

Answer:
holding that a citys failure to discipline a police officer for an isolated incident involving the alleged use of excessive force to effect an arrest did not give rise to an inference that the city had an official policy authorizing or encouraging police misconduct