TASK DEFINITION: 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.
PROBLEM: jurisdiction to exercise its discretion to treat the matter before it as a petition for a writ of certiorari. See, e.g., In re Temporary Custody of Five Minors, 105 Nev. 441, 777 P.2d 901 (1989). In light of the far reaching consequences of the issues presented, we are confident the district court would have exercised that discretion for the same reasons we have exercised our discretion to review the instant original petition. 3 Nev. Const, art. 6, § 8. 4 NRS 4.370(3). 5 State of Nevada v. Justice Court, 112 Nev 803, 919 P.2d 401 (1996). 6 See generally NCJC Canon 2. 7 Nev. Const, art. 6, § 8; NRS 4.370(3). 8 NRS 189.120; State v. Shade, 110 Nev. 57, 867 P.2d 393 (1994). 9 See Parsons v. State, 116 Nev. 928, 937, n.8, 10 P.3d 836, 841-42 n.8 (2000). 10 40 Nev. 228, 161 P. 737 (1916) (<HOLDING>). 11 106 Nev. 203, 789 P.2d 584 (1990) (holding 
 Holding statements: (A) holding a city liable for the unconstitutional firing of two clerks by a municipal judge when it was clear the city had delegated to him final administrative authority over employment matters (B) holding that a sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion by the trial court (C) holding that the city had standing to challenge the constitutionality of a statute allowing certain communities within the same county as the city to incorporate as towns without the citys consent (D) holding that a municipal court had no constitutional or statutory authority to rule on the legality and constitutionality of a tax imposed on attorneys practicing within the city limits (E) holding that a blakely challenge fell within the defendants waiver of his right to appeal the constitutionality or legality of the guidelines

SOLUTION: (D)

PROBLEM: no indication that Mexican law should govern the claims at issue. Thus, under Texas’s most significant relationship test, American law is likely to govern the merits issues, and this factor weighs against dismissal on the basis of forum non conveniens. 4. Application of Foreign Law Although American law is likely to govern the merits, it appears that Mexican law will be relevant to collateral issues such as the nature of the property that is the subject of the contract. An American forum would nevertheless be capable of handling the difficulties posed by Mexican fideicomiso law should the court need to do so. Indeed, American forums have competently adjudicated matters involving Mexican fideicomiso property interests on other occasions. See Gale v. Camrite, 559 F.3d 359 (5th Cir.2009) (<HOLDING>); Brady v. Brown, 51 F.3d 810 (9th Cir.1995) 
 Holding statements: (A) holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages (B) holding that a seller did not breach its contract by averring that there would be no tax liability incurred by the sale of a baja california sur condominium owned pursuant to fideicomiso law (C) holding that breach occurred when seller told buyer that seller would do no more to rectify alleged warranty violation (D) holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action (E) holding immaterial breach did not constitute breach of contract

SOLUTION: (B)

PROBLEM: regulate non-Indian hunting and fishing in the taken area because the relevant statutes did not affirmatively abrogate either the tribe’s treaty rights or inherent tribal sovereignty. Id. at 700-04, 113 S.Ct. at 2323-24. EXHAUSTION OF TRIBAL REMEDIES Next, National Farmers Union Insurance Cos. v. Crow Tribe, 471 U.S. 845, 105 S.Ct. 2447, 85 L.Ed.2d 818 (1985) (National Farmers Union), and Iowa Mutual do not establish only a rule of exhaustion requiring tribal courts to determine their jurisdiction in the first instance. The rule of exhaustion established in National Farmers Union is premised upon the Court’s decision that tribal civil jurisdiction over non-Indians is not automatically foreclosed by Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, 98 S.Ct. 1011, 55 L.Ed.2d 209 (1978) (<HOLDING>). National Farmers Union recognized that an 
 Holding statements: (A) holding that states taxing jurisdiction over nonmember indians is equivalent to states taxing jurisdiction over nonindians (B) holding that an indian tribes exercise of criminal jurisdiction over nonindians is inconsistent with the domesticdependent status of the tribes and that tribes may not assume such jurisdiction without congressional authorization (C) holding federal legislation conferring jurisdiction on federal courts to try nonindians for offenses committed in indian country had implicitly preempted tribal criminal jurisdiction over nonindians (D) holding that state of south dakota does not have criminal jurisdiction over indians in indian country (E) holding that federal courts do not have jurisdiction to interpret a tribal constitution or tribal laws

SOLUTION:
(C)