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.

Ex Input:
activity, not objectionable under the prevailing standards of lawful and approved social conduct in the community---- Informed public sentiment is only against unlicensed gambling, which is unsupervised, unregulated by law and which affords no protection to customers and no assurance of fairness or honesty of the operation of the gambling devices.” Similarly, the New Jersey Supreme Court, in Caribe Hilton Hotel v. Toland, 63 N.J. 301, 307, 307 A.2d 85, 88 (1973), stated that “[w]hile New Jersey continues to take a strict view of those forms of gambling that are prohibited, the fact that wagering in various different ways is now authorized demonstrates that our public policy can no longer be said to condemn gambling per se.” See also, Castilleja v. Camero, 414 S.W.2d 424 (Texas 1967) (<HOLDING>); In re Smith, 66 B.R. 58 (Bankr.D.Md.1986), 
 Holding statements: (A) holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable (B) holding that a contract is not effective until the performance of the conditions precedent and that a condition precedent calls for the happening of some event or the performance of some act after the terms of the contract have been agreed on before the contract shall be binding on the parties (C) holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur (D) holding that the place of performance governs the legality of the contract and because the contract was to be performed in mexico texas public policy against gambling was not implicated (E) holding that place of performance of a life insurance contract was the state where premiums were made payable even if the contract was made in another state

Ex Output:
(D)


Ex Input:
are complete and present within the proscribed state statute of limitations. Id. at 393-94, 127 S.Ct. 1091. Plaintiff argues that because Wallace dealt with a false arrest and not a search and seizure, its analysis is inapplicable. (D.E. 8, Plaintiffs Response). However, the general rule of Wallace soundly applies to a search and seizure scenario, as noted by the Sixth Circuit and several Kentucky district courts. See Harper, 293 Fed. Appx. at 391 n. 1 (“Wallace also clarified that Heck does not delay the accrual of an otherwise complete and present cause of action when judgment in the plaintiffs favor ‘would impugn an anticipated future conviction .... ’ Harper’s claims thus accrued on July 31, 2003, the date of the alleged illegal search and seizure.”); Kenney, 2011 WL 1582125 at *6 (<HOLDING>); Lovins v. Hurt, No. 11-216-JBC, 2011 WL 
 Holding statements: (A) holding that a plaintiffs  1983 claim accrued on the date of the alleged illegal search and seizure (B) holding that a ruling on preindictment motion that search and seizure were legal collaterally estopped defendant from later moving to suppress evidence claiming that search and seizure were illegal (C) holding that section 1983 action for unlawful search and seizure accrued on dates of seizures rather than date on which state court declared the acts illegal (D) holding that the plaintiffs cause of action accrued on the date of the repealer statute not on the date the wrong occurred despite the federal courts ruling as to the statutes unconstitutionality (E) holding that the cause of action accrued on the date of sale

Ex Output:
(A)


Ex Input:
1 (1977), in which it reversed the Fifth Circuit’s vacation of a district court’s remand order where the district court “had employed erroneous principles in concluding that it was without jurisdiction.” Id. Despite the apparent broad scope of § 1447(d)’s bar on appellate review, the Court emphasized in Thermtron that § 1447(d) must be read together with § 1447(c) and “that only remand orders issued under § 1447(c) and invoking the grounds specified therein,” are immune from appellate review under § 1447(d). 423 U.S. at 345-46, 96 S.Ct. at 590. Specifically, the Court held that § 1447(d) does not bar appellate review where a case has been properly removed to the district court and the remand order is issued on grounds not referable to § 1447(c). Id. at 343-45, 96 S.Ct. at 589-90 (<HOLDING>). Following Thermtron, substantial 
 Holding statements: (A) holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal (B) holding remand order reviewable because crowded docket not ground for remand under  1447c (C) holding that under 28 usc  1447c and d federal jurisdiction terminates once a section 1447c remand order has been mailed to the state court (D) holding that remand order based on forum selection clause is reviewable on appeal (E) holding remand based on forum selection clause not within  1447c

Ex Output:

(B)