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: assumed the illegible stamp was the certification. We are not persuaded by Mr. Grynberg's argument that because the certification was illegible on the e-filed copy, L & R Venture's copy of the judgment did not comply with the Act. The flegibility created by the electronic filing process did not transform L & R Venture's properly authenticated judgment into an unauthenticated one. And, contrary to Mr. Grynberg's assertion, L & R Venture's counsel's presentation of the original copy at the hearing was not to correct an improper filing, but rather to prove that the original filing was properly authenticated. See C.R.C.P. 44(c) ("This Rule does not prevent the proof of official records or of entry or lack of entry therein by any method authorized by law."); cf. Griggs, 754 P.2d at 784-85 (<HOLDING>). It may be, however, as Mr. Grynberg contends, 
 Holding statements: (A) holding that the district court lacked authority to enforce a foreign judgment where the plaintiff filed only an affidavit describing the foreign judgment and not a certified copy of the judgment itself in the first instance (B) holding the judgment premature citing one case holding the judgment void and another holding the judgment irregular (C) holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum (D) holding that the district court did not abuse its discretion in denying motion to alteramend judgment where the plaintiff raised the choice of law issue for the first time after the entry of summary judgment (E) holding that a foreign judgment filed under the montana uefja may not be subjected to the same defenses and proceedings for reopening or vacating as a domestic judgment and remain consistent with full faith and credit  the only defenses that may be raised to destroy the full faith and credit obligation owed to a final judgment are those defenses directed at the validity of the foreign judgment

Answer: (A)


Question: Jones v. Wilson (In re Wilson), 72 B.R. 956 (Bankr. M.D.Fla.1987); McCullough v. Suter (In re Suter), 59 B.R. 944 (Bankr.N.D.Ill.1986). Palmer argues that the BAP erred in distinguishing among the various subsections of section 523 on the issue of the discharge of punitive damages. He notes that courts have found that punitive damages are nondischargeable under section 523(a)(4), which bars discharge of debts “for fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny,” 11 U.S.C. § 523(a)(4), and under section 523(a)(6), which bars discharge of debts “for willful and malicious injury by the debtor to another entity or to the property of another entity,” 11 U.S.C. § 523(a)(6). See, e.g., Klemens v. Wallace (In re Wallace), 840 F.2d 762 (10th Cir.1988) (<HOLDING>); Moraes v. Adams (In re Adams), 761 F.2d 1422, 
 Holding statements: (A) holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable (B) holding that punitive damages are not fines (C) holding punitive damages nondischargeable under  523a6 when such damages are based on the same conduct as the underlying nondischargeable judgment (D) holding without discussion of the punitive damages issue that both actual and punitive portions of judgment for defalcation while acting in a fiduciary capacity were nondischargeable (E) holding a court may not award punitive damages

Answer: (A)


Question: Byrd was sentenced in September 1992 for an offense committed in March 1992, this amended language governs his sentencing. See U.S.S.G. § 4A1.2, comment, (n.6), (backg’d.) (Nov.1991). Thus, because' the pertinent language relied on by Jones I has been deleted and new language added, Byrd is incorrect that our decision in Jones I controls this appeal. Byrd next contends that the amended language should be interpreted to provide district courts with discretion to entertain constitutional challenges to prior convictions that will be relied upon to enhance a defendant’s sentence. The courts of appeals that have addressed the meaning of the amended Application Note and Background Commentary have taken differing approaches. Compare United States v. Jakobetz, 955 F.2d 786, 805 (2d Cir.) (<HOLDING>), cert. denied, — U.S. -, 113 S.Ct. 104, 121 
 Holding statements: (A) holding that district court may enhance sentence based on fact of prior convictions under  924e regardless of whether admitted by defendant or found by jury (B) holding that due to statute defendant cannot collaterally attack prior convictions used to enhance sentence unless in violation of the right to counsel (C) holding that prior felony drug convictions that fall within the conspiracy period may be used to enhance the defendants sentence if the conspiracy continued after his earlier convictions were final (D) holding amended language gives district courts discretion to permit collateral attack on prior convictions used to enhance sentence (E) holding that commission did not intend amended language to provide discretion to district courts to entertain challenges to prior convictions at sentencing

Answer:
(D)