instruction:
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.
question:
abused its discretion by providing an unreasonable characterization of the record evidence. See McElwee, 896 A.2d at 18 & nn. 7-8. While SEPTA claims that this, too, necessarily entailed unwarranted fact-finding on the part of the Commonwealth Court, we believe that it aligns with the approach utilized in Sienkiewicz I, wherein this Court not only determined that no record evidence existed to support a particular factual finding central to the trial court’s decision to grant relief (i.e., that Penn-DOT had installed curbing along the “Stafford Straightaway”), but proceeded to delineate the essential facts that were proved by the uncontradicted record evidence in ultimately agreeing with Penn-DOT’s position that relief was unjustified. See Sienkiewicz I, 584 Pa. at 282, 883 A.2d at 502 (<HOLDING>). Under the circumstances of this case, then, 
 Holding statements: (A) recognizing that the evidence establishes that direct access to landowners property was always from the stafford straightaway factually there was never any direct access from the stafford curve rather this portion of the roadway like davis street and the route 81 ramps was merely part of an adjacent road system providing a convenient flow of traffic in the direction of landowners property (B) holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property (C) recognizing distinction and allowing recovery for impairment of access and not obstructed flow of traffic (D) holding that the landownerlicensee relationship ceased when the licensee left the landowners property (E) holding in an inverse condemnation case that the abutting landowners right of direct access was subservient to the city of portlands proper exercise of its governmental powers for purposes of public safety and convenience and that the elimination of access from the landowners property to the affected street did not constitute a taking
answer:
holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property


question:
read to give these words effect in light of the law in certain states, under the plain meaning rule, Green Tree’s position must fail. Herrin, 2007 WL 1975573, at *3. The debtor’s position is also supported by the leading commentators on the Bankruptcy Code. Collier on Bankruptcy states, “[o]nly if a mobile home or cooperative is real property under applicable non-bankruptcy law would the limitations on modification apply, even though the mobile home or cooperative is considered the debtor’s principal residence.” 8 Collier on Bankruptcy ¶ 1322.06[1][a][ii] (Lawrence P. King et al. eds., 15th ed. Revised 2005). Moreover, ignoring the term “real property” within § 1322(b)(2) is contrary to the rules of statutory interpretation. See Discover Bank v. Vaden, 396 F.3d 366, 369 (4th Cir.2005) (<HOLDING>) This Court does not believe that the result in 
 Holding statements: (A) recognizing courts must interpret statutes to give effect to all language used rendering no portion meaningless or superfluous (B) holding courts must give effect to every provision and word in a statute and avoid any interpretation that may render statutory terms meaningless or superfluous (C) holding that effect must be given if possible to every clause and word of a statute (D) holding that courts must give effect to every word when interpreting a statute (E) holding principle of statutory construction is to give effect to every clause and word of a statute
answer:
recognizing courts must interpret statutes to give effect to all language used rendering no portion meaningless or superfluous


question:
which states that: An attorney at law is absolutely privileged to publish defamatory matter concerning another in communications preliminary to a proposed judicial proceed ing, or in the institution of, or during the course and as part of, a judicial proceeding in which he participates as counsel, if it has some relation to the proceeding. Since the rules of absolute privilege to publish defamatory materials apply to the publication of any matter that is an invasion of privacy, Rohda’s tenth claim for relief is dismissed. Moreover, at least with respect to a claim based on Section 652D, publicity given to private life, the matters disclosed were of legitimate public concern as a matter of law. See, e.g., Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 95 S.Ct. 1029, 43 L.Ed.2d 329 (1975) (<HOLDING>). Defendant Peterson’s Motion for Summary 
 Holding statements: (A) holding unconstitutional a state decision awarding damages against a broadcasting company for invasion of privacy by disclosing the name of a rape victim in violation of a state statute which prohibited such disclosures (B) holding that  14 prohibits the awarding of costs against the state as a defendant (C) holding that a claim for civil damages based on alleged violation of criminal statute under which criminal penalties result was properly dismissed because criminal violations are brought not in the name of the individual party but rather by and on behalf of the state of ohio or its subdivisions (D) recognizing that state agencies which are independent of the state are citizens of the state (E) holding a suit against an agency of the state is a suit against the state
answer:

holding that  14 prohibits the awarding of costs against the state as a defendant