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: child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed. Id. 261.106(a) (emphasis added). The dissent also correctly points out that "Immunity from liability and immunity from suit are two distinct principles." Tex. Dep't of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999). Finally, the dissent even recognizes that "[ijmmunity from liability is an affirmative defense, while immunity from suit deprives a court of subject matter jurisdiction." Tex. Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex.2004); see also City of Hous. v. Williams, 353 S.W.3d 128, 134 (Tex.2011) (<HOLDING>); Harris County Hosp. Dist. v. Tomball Reg'l
Holding statements: (A) holding that the oneyear bar contained in 2255 acts as an affirmative defense and not a jurisdictional bar (B) holding bjecause immunity from liability constitutes an affirmative defense not a jurisdictional bar only immunity from suit is properly before us today (C) recognizing that under texas law governmental immunity embraces two principles immunity from liability and immunity from suit (D) holding that qualified immunity is not merely immunity from damages but also immunity from suit (E) holding immunity from liability is not jurisdictional

SOLUTION: (B)

PROBLEM: matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any
Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter

SOLUTION: (B)

PROBLEM: The end result was that Carol and I felt forced into selling our inventory and licenses for $17,500.00. At that time we did not have anywhere to store or take our inventory to. We believed there was no other choice. At no time did either Carol or I agree to the termination of rights and obligations under the Business Lease dated October 1,1995. [ 15] As in Lamb, the facts relied on by the district court to determine the Pierces had fully performed their obligations and accepted the benefits under the unsigned written termination agreement and thereby voluntarily surrendered the lease are equally consistent with the Pierces mitigating their damages for the Elks' alleged breach of the lease agreement. Compare Felco v. Doug's N. Hill Bottle Shop, 1998 ND 111, 16, 579 N.W.2d 576 (<HOLDING>). The Pierces' vacation of the premises, sale
Holding statements: (A) holding sufficient part performance of an oral trust agreement is required to remove it from the statute of frauds (B) holding that if part performance is relied upon to remove the oral agreement from the operation of the statute of frauds clear and convincing proof of performance in pursuance of the alleged agreement must be adduced by the party seeking to enforce it (C) holding a court must find among other things clear evidence of the existence of an oral agreement for part performance to remove the contract from the statute of frauds (D) holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only with the existence of the alleged oral contract (E) holding that defendant did not breach oral agreement because among other things the plaintiff had not established that the term in question was part of the oral contract

SOLUTION:
(D)