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.
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Question: breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.” 11 U.S.C. § 101(5)(B). Thus, it is clear that, under some circumstances, injunctions can constitute claims which are dischargeable in bankruptcy. The court must determine whether this case presents such a circumstance. A number of courts have considered whether an injunction prohibiting future breaches of a noncompete agreement can constitute a claim under Section 101(5)(B), reaching conflicting results based on a variety of reasonings. See e.g., In re Oseen, 133 B.R. 527 (Bankr.D.Idaho 1991) (finding that the injunction did not constitute a claim); In re Udell, 18 F.3d 403 (7th Cir.1994) (<HOLDING>); In re Ward, 194 B.R. 703 (Bankr.D.Mass.1996) 
 Holding statements: (A) holding that the injunction did not constitute a claim (B) holding an appeal of injunction moot where the injunction expired three months before the appellate court heard arguments in the case (C) holding that plaintiffs were not entitled to a preliminary injunction (D) holding federal injunction countermanding a state court injunction did not violate antiinjunction act (E) holding that when the district court applies the wrong preliminary injunction standard this court may review the record to determine whether the injunction is justified

Answer: (A)


Question: rights, it must be settled in court. The permit may thus be perfectly valid, so far as the conservation laws are concerned, and yet the permittee’s right to drill under it may depend upon his establishing title in a suit at law. Id. at 191. While we noted that the Railroad Commission “should not do the useless thing of granting a permit to one who does not claim the property in good faith,” the Railroad Commission’s determination of the propriety of the permit has no effect on the propriety of the permittee’s potentially tortious actions. Id. Of course, statutory remedies may preempt common law actions or other standards that may set the bar for liability in tort, but a permit is not a get out of tort free card. Cf. MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475, 494, 499 (Tex.2010) (<HOLDING>). But in this case, the statute authorizing the 
 Holding statements: (A) holding that a state common law claim seeking to require automobile manufacturers to install airbags would frustrate the purposes of the federal safety standard regulations adopted under the federal motor vehicle safety act which did not require manufacturers to do so and therefore was preempted by conflict (B) holding design planning and enforcement of bus safety rules for school bus transportation were not operation of motor vehicle under section 4145 (C) holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle  (D) holding the federal motor vehicle safety standards do not preempt jury findings that a bus manufacturers buses were defectively designed (E) holding that the statutory definition of motor vehicle is not controlling

Answer: (D)


Question: “improper definition of reasonable doubt.” (Claim I.C.4, paragraph 51, of Boyd’s petition.) 23. Boyd alleged that his trial counsel rendered ineffective assistance by failing to object, during the penalty phase of the trial, to the prosecutor’s “expressions of his personal opinion of [Boyd’s] sentence.” (Claim I.D.2, paragraph 62, of Boyd’s petition.) 24. Boyd alleged that his trial counsel rendered ineffective assistance by failing to object, during the penalty phase of the trial, to the prosecutor’s comments “deni-grat[ing] ... the jury’s role in the sentencing process.” (Claim I.D.2, paragraphs 63-64, of Boyd’s petition.) Claims presented in a Rule 32 petition but not pursued on appeal are deemed to be abandoned. See Brownlee v. State, 666 So.2d 91, 93 (Ala.Crim.App.1995)(<HOLDING>). See also, e.g., Charest v. State, 854 So.2d 
 Holding statements: (A) holding that issues not specifically raised and argued in a partys opening brief are waived (B) holding that issues not argued in initial brief are deemed waived (C) holding that we will not review issues not listed and argued in brief (D) holding an appellant may not use the reply brief to argue issues not argued in the initial brief (E) holding issues argued orally but not addressed in brief were waived

Answer:
(C)