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:
charge for each item or items. The Trial Court, however, refused to admit the last page of the bill that contained only a description of miscellaneous and a corresponding charge. Plaintiff had no testimony or other evidence to explain to the jury anything about the charge listed on the last page of the bill. The Trial Court stated such a description would force the jury to speculate regarding what supplies were encompassed within the charge for these miscellaneous items. A jury may not engage in speculation. Stringer v. Cooper, 486 S.W.2d 751, 756 (Tenn.Ct.App.1972) (stating “we understand the holding in those cases and many more like them to be that a jury may not speculate as to cause when one is not shown.... ”); Moon v. Johnston, 47 Tenn.App. 208, 337 S.W.2d 464, 469 (1959) (<HOLDING>). Without any testimony or other evidence to 
 Holding statements: (A) holding where reasonable difference of opinion as to whether the defendants act was the or a proximate cause of the injury the matter is for the jury to decide (B) holding a jury is not permitted to speculate or guess as to proximate cause (C) holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury (D) holding proximate cause almost always a question solely for the jury (E) holding that negligence must be the proximate cause of injury

Ex Output:
(B)


Ex Input:
exception, which provides that “[t]here is no time limit on the filing of a motion to reopen” if the motion “is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.” 8 U.S.C. § 1229a(c)(7)(C)(ii). After review of the administrative record and consideration of the parties’ briefs, we dismiss the petition in part and deny the petition in part. I Ms. Lian acknowledges that binding circuit precedent prohibits us from reaching her challenge to the BIA’s refusal to reopen her proceedings sua sponte under 8 C.F.R. § 1003.2(a). See Lenis v. U.S. Att’y Gen., 525 F.3d 1291, 1293 (11th Cir.2008) (<HOLDING>). Nonetheless, Ms. Lian urges us to overrule 
 Holding statements: (A) holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte (B) holding that this court lacks jurisdiction to review claims that have not been raised before the bia (C) holding that this court lacks jurisdiction to review decisions of the bia refusing to reopen immigration proceedings sua sponte (D) holding that a decision of the bia whether to reopen a case sua sponte under 8 cfr  10032a is entirely discretionary and therefore beyond the courts review  ie the court lacks jurisdiction to review the bias decision not to reopen (E) holding that the court lacks jurisdiction to review legal arguments not raised before the bia

Ex Output:
(C)


Ex Input:
and whether the Tribe’s immunity, if intact, protects the Health Board and the Health Board’s Chairperson. If the tribal immunity defense is not dispositive as to all Defendants, the district court also should address on its merits Defendants’ separate defense that the FMLA is not applicable to the dispute at hand. REVERSED and REMANDED. 1 . The district court decided Defendants’ motion to dismiss with respect to the waiver-by-removal issue based solely on the pleadings, and we therefore "take as true the allegations of the com ancheria Band of Pomo Indians of Cal., No. C-01-4125 VRW, 2002 WL 34727095, at *6-7 (N.D. Cal. Dec. 26, 2002) (same), with State Eng’r of the State of Nev. v. S. Fork Band of Te-Moak Tribe of W. Shoshone Indians of Nev., 66 F.Supp.2d 1163, 1173 (D. Nev. 1999) (<HOLDING>), vacated on reconsideration on other grounds, 
 Holding statements: (A) holding that tribes voluntary participation in administrative proceedings is not the express and unequivocal waiver of tribal immunity that we require in this circuit (B) holding that the tribal defendants removal of the case amounted to a clear and unequivocal waiver of immunity in federal court (C) holding that removal to federal court does not waive tribal sovereign immunity (D) holding that wjaiver of the right to remove must be clear and unequivocal  and that standard was not met by an agreement in which defendants consented to filing of suit in state court but which did not address removal (E) holding that the waiver of sovereign immunity must be clear and unequivocal

Ex Output:

(B)