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:
§ 42-217. If, based on the proof submitted by the applicant and the field examination, the Department “is satisfied that the law has been fully complied with and that the water is being used at the place claimed and for the purpose for which it was originally intended, the [Department shall issue to such user or users a license confirming such use.” I.C. § 42-219(1). On the other hand, “[i]n the event that the [Department shall find that the applicant has not fully complied with the law and the conditions of permit, it may issue a license f ls Ground Water Dist., 141 Idaho 746, 753, 118 P.3d 78, 85 (2005) (finding that “a party is not entitled to vested rights in a water right by virtue of filing a permit application”); Hardy v. Higginson, 123 Idaho 485, 491, 849 P.2d 946, 952 (1993) (<HOLDING>). However, this Court has never considered the 
 Holding statements: (A) holding that until the state issues a certificate of appropriation any right to use the water remains inchoate (B) holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use (C) holding that the legislative assembly intended the water right certificate not the permit even when followed by a beneficial use to mark the point at which a water right becomes vested (D) holding that permits only give the applicant an inchoate or contingent right to put the water to a beneficial use (E) holding that a water right is a property right created by a person appropriating unappropriated water and applying it to a beneficial use
answer:
holding that until the state issues a certificate of appropriation any right to use the water remains inchoate


question:
the effect that the code-fendant’s confession must be disregarded in determining the defendant’s guilt or innocence is ineffective and cannot overcome the prejudicial effect of the incriminating statement on the jury. Id. at 124, 88 S.Ct. 1620. As such, the trial court’s curative instruction in the instant case was insufficient to cure the erroneous admission of Hertz’s statement to Hathcock. Nonetheless, this Court has also recognized that a Bruton violation does not automatically require reversal of an otherwise valid conviction but, rather, is subject to a harmless error analysis. See Farina v. State, 679 So.2d 1151, 1155 (Fla.1996) (citing Harrington v. California, 395 U.S. 250, 254, 89 S.Ct. 1726, 23 L.Ed.2d 284, (1969)); see also Franqui v. State, 699 So.2d 1312, 1322 (Fla.1997) (<HOLDING>); Smith v. State, 699 So.2d 629, 644-45 
 Holding statements: (A) holding that confrontation clause violation was not harmless beyond a reasonable doubt in part because it concerned the limitation of crossexamination of the prosecutions key witness (B) holding that the sixth amendment confrontation clause violation in that case was harmless beyond a reasonable doubt and therefore did not require the conviction to be overturned (C) holding that a confrontation clause violation constituted harmless error (D) holding confrontation clause violation was harmless beyond a reasonable doubt and thus upholding firstdegree murder conviction (E) holding that testimony at trial in violation of defendants constitutional confrontation right was harmless beyond a reasonable doubt because the testimony was cumulative
answer:
holding that confrontation clause violation was not harmless beyond a reasonable doubt in part because it concerned the limitation of crossexamination of the prosecutions key witness


question:
constitutional question beyond debate.... [T]he right allegedly violated must be estab lished, not as a broad general proposition, but in a particularized sense so that the contours of the right are clear to a reasonable official. Reichle v. Howards, — U.S. -, 132 S.Ct. 2088, 2093-94, 182 L.Ed.2d 985 (2012) (second alteration in original) (citations and internal quotation marks omitted). Otherwise stated, to determine whether a right is clearly established, courts must determine “whether (1) it was defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has confirmed the existence of the right, and (3) a reasonable defendant would have understood that his conduct was unlawful.” Doninger v. Niehoff, 642 F.3d 334, 345 (2d Cir.2011); see also Johnson, 239 F.3d at 250 (<HOLDING>). There cannot be much debate that as a general 
 Holding statements: (A) holding that second element of qualified immunity test is whether the law violated was clearly established (B) holding that the defendants were not entitled to qualified immunity where it was not objectively reasonable for them to believe that failing to develop ieps which contained the required information did not violate the plaintiffs statutory rights (C) holding that qualified immunity applies if either a the defendants action did not violate clearly established law or b it was objectively reasonable for the defendant to believe that his action did not violate such law internal quotation marks omitted (D) holding that qualified immunity turns upon the objective legal reasonableness of the officers action assessed in light of the legal rules that were clearly established at the time the action was taken internal quotation marks and citation omitted (E) holding that qualified immunity analysis begins with the court asking whether the plaintiffs allegations if true establish a constitutional violation internal quotation marks omitted
answer:

holding that second element of qualified immunity test is whether the law violated was clearly established