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.

Input: Consider Input: make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State’s motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client’s behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, — U.S. —, —, 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this 
 Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal

Output: (C)


Input: Consider Input: entered an order finding probable‘cause that the property was used to facilitate the commission of a felony. Although Flagg’s atto ation of a discovery order will constitute an abuse of discretion where the trial court fails to make express written findings of fact supporting the . conclusion that the failure to obey the court order demonstrated willful or deliberate disregard. Express findings are required to ensure that the trial judge has consciously determined that the failure was more than a mistake, neglect, or inadvertence, and to assist the reviewing court to the extent the record is susceptible to more than one interpretation. Ham v. Dunmire, 891 So.2d 492, 495-96 (Fla.2004) (citing Tubero, 569 So.2d at 1273); cf. Ledo v. Seavie Resources, LLC, 149 So.Sd 707 (Fla. 3d DCA 2014) (<HOLDING>). In this case, Flagg filed a motion to set 
 Holding statements: (A) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (B) holding because defendant does not argue in his brief that these findings of fact are not supported by    evidence in the record this court is bound by the trial courts findings of fact (C) holding that where the record plainly reflected ledos willful and deliberate disregard of the courts repeated orders to respond to interrogatory requests the trial courts failure to provide written findings of fact in its order striking ledos pleadings did not require reversal (D) holding that the trial courts oral expression in open court of its future intention to render a judgment was not itself a judgment but rather the trial courts written findings of fact and conclusions of law were its judgment (E) holding that erroneous findings of fact not necessary to support the judgment of the court are not grounds for reversal

Output: (C)


Input: Consider Input: and tie up our water resources in this state to the detriment of our true appropriators. Hearing on S.B. 481 Before the House Agriculture Committee, 52d Gen. Assembly, 1st Reg.Sess. (hearing tape MIT-79 38A, May 7, 1979, at 10:15 a.m.). 9 . In Florence, we held that an applicant has the burden of proving by a preponderance of the evidence that the "can and will" statute has been satisfied. Florence, 688 P.2d at 718, 718 n. 7; accord In re Gibbs, 856 P.2d 798, 802-03 (Colo. 1993); FWS, 795 P.2d at 840-41; see Public Serv. Co. v. Board of Water Works, 831 P.2d 470,- 478 (Colo.1992); City of Thornton, v. City of Fort Collins, 830 P.2d 915, 926 (Colo. 1992); Fox v. Division Eng'r, 810 P.2d 644, 646 (Colo.1991). We have applied this requirement in several contexts. See FWS, 795 P.2d at 840 (<HOLDING>); Fox, 810 P.2d at 646 (holding that an 
 Holding statements: (A) holding that unsuccessful job applicant for governmental employment had due process right to meaningful administrative appeal of rejection when regulations established right to such appeal (B) recognizing a right of access to civil proceedings (C) holding that an applicant who fails to satisfy the lower standard of proof for asylum necessarily fails to satisfy the more stringent standard for withholding of removal (D) holding that a plaintiff has no absolute unconditional right of access to the courts and no constitutional right of access to prosecute frivolous or malicious actions (E) holding that the applicant failed to satisfy the statute because the applicant did not have an ownership right or access right to the reservoir site


Output: (E)