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.
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Question: resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass’n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by 
 Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata (C) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (D) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (E) holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata

Answer: holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii


Question: the evidence of Robertson’s alleged prior threat to his ex-wife as Williams rule evidence, the State cannot rely on the law of impeachment to introduce the same evidence through the back door by asking an impermissible question regarding an alleged prior crime. Finally, we address whether the admission of this collateral-crime evidence constitutes reversible error. This Court has held that the erroneous admission of irrelevant collateral crimes evidence “is presumed harmful error because of the danger that a jury will take the bad character or propensity to crime thus demon strated as evidence of guilt of the crime charged.” Castro v. State, 547 So.2d 111, 115 (Fla.1989) (quoting Straight v. State, 397 So.2d 903, 908 (Fla.1981)); accord Czubak v. State, 570 So.2d 925, 928 (Fla.1990) (<HOLDING>). In this case, given the highly inflammatory 
 Holding statements: (A) holding that a district court may not rely on a charging document without first establishing that the crime charged was the same crime for which the defendant was convicted (B) holding that counsel did not admit the defendant was guilty of a crime when counsel noted that if the evidence established the commission of any crime that crime was voluntary manslaughter not murder (C) holding that where court informed jurors that the defendant had escaped from custody the trial judge acted within his judicial capacity and did not testify  (D) holding collateral crime evidence that defendant was an escaped convict was presumptively harmful (E) holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime

Answer: holding that a district court may not rely on a charging document without first establishing that the crime charged was the same crime for which the defendant was convicted


Question: Funding, 15 Cl.Ct. at 502. In the case sub judice, the surety assignee declined to file suit against the government as a result of the government’s failure to pay the proper party. 11 . Each of the additional cases plaintiffs rely upon in their Response to Defendant's First Motion to Dismiss involved a surety that filed suit against the government based on the doctrine of equitable subrogation. Pearlman, 371 U.S. at 141-42, 83 S.Ct. 232 (involving a surety that sued the government pursuant to equitable sub-rogation when the surety financed a project to completion after default by the prime contractor); Prairie State, 164 U.S. at 231-32, 17 S.Ct. 142 (determining that a surety was entitled to assert equitable subrogation against the government); Aetna Cas. & Sur., 845 F.2d at 974-76 (<HOLDING>); Balboa, 775 F.2d at 1162-63 (ruling that a 
 Holding statements: (A) holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation (B) holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety (C) holding that taxable costs included only the premium on a surety bond posted on appeal not the fees paid for letters of credit to secure the bond where the state statute and court rule only specifically allowed for premium on any surety bond (D) holding that doctrine of impossibility of performance did not apply so as to entitle surety to partial remission of forfeited bond (E) recognizing that the gjovernment as obligee owes no equitable duty to a surety  unless the surety notifies the government that the principal has defaulted under the bond  notice by the surety is essential before any governmental duty exists

Answer:
holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety