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. 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.
question:
position and whether the party would receive "an unfair advantage or impose an unfair detriment on the opposing party if not estopped." Id. at 751, 121 S.Ct. 1808. The doctrine is designed to prevent "intentional self-contradiction" and is improperly applied "when the former position was the result of inadvertence or mistake." Lampi Corp. v. Am. Power Prod., 228 F.3d 1365, 1377 (Fed.Cir.2000). Thus, the court does no disservice to the important purposes underlying holding parties to judicial admissions by acknowledging that a response to an injunctive action is an evolving position, and the facts and legal positions should be taken in view of the emerging facts as they become known to the litigating parties. See SanDisk Corp. v. Memorex Prod., Inc., 415 F.3d 1278, 1291 (Fed.Cir.2005) (<HOLDING>). It is also necessary to note that the
Holding statements: (A) holding that courts should avoid constructions that would render statutory text superfluous (B) holding that a transferee federal court should apply its interpretations of federal law not the constructions of federal law of the transferor circuit (C) holding that courts should not use doctrine of judicial estoppel to prevent evolution of arguments but should permit preliminary constructions made without full development of the record or issues to remain open to revision (D) holding that the issue of defendants actual knowledge should not be resolved on summary judgment but should be left to the trier of fact (E) holding courts should apply statutory constructions that make practical sense and do not frustrate legislative intent
answer:
(C)

question:
For example, courts have allowed individuals judicially to enforce treaties that govern the rights of foreign nationals to inherit property, despite the absence of explicit treaty wording providing for such individual enforcement, most likely because the right-granting wording in those treaties makes sense only if it is read to confer an individually enforceable right. See, e.g., Clark v. Allen, 331 US 503, 507-08, 67 S Ct 1431, 91 L Ed 1633 (1947) (dealing with such a treaty). On the other hand, an individual right of judicial enforcement will not be Inferred from the mere fact that a treaty sets out substantive rules of conduct that, if honored, would benefit individuals. See, e.g., Argentine Republic v. Amerada Hess Shipping, 488 US 428, 442, 109 S Ct 683, 102 L Ed 2d 818 (1989) (<HOLDING>); United States ex rel Lujan v. Gengler, 510
Holding statements: (A) holding that united states admiralty jurisdiction extended not only to the high seas but also to american vessels in foreign waters (B) holding that a purchase agreement for a foreign corporations stock is not subject to section 10b even if the closing occurred in the united states (C) holding inter alia that a united states court retains jurisdiction over persons arrested on a foreign ship beyond the us navigable waters when said arrest violates a treaty to which the united states and the foreign country are parties (D) holding that section 4625bc does not create a private right of action for money damages (E) holding that geneva convention on the high seas which provides that illegally boarded merchant ship shall be compensated for any loss or damage that may have been sustained does not create private right of action for foreign corporations to recover compensation in united states courts
answer:
(E)

question:
drug trafficking activity and not mere possession. Information related to drug trafficking does not grow stale as quickly as information regarding mere possession. Payne, 181 F.3d at 790. Further, in rejecting the defendant's staleness arguments, the Court in Murphy noted that the information provided by the task force agent [to the issuing judicial officer] and the execution of the search occurred on the same day. Murphy, 241 F.3d at 458. In any event, under the standard enunciated in Spikes, we believe a close question exists as to whether the information in the affidavit, alleging that an unnamed Cl had seen Defendant possess an unspecified amount of cocaine at least two days before the warrant was obtained and executed, had grown stale. See Gates, 462 U.S. at 238, 103 S.Ct. 2317 (<HOLDING>). However, Defendant's probable cause argument
Holding statements: (A) holding anticipatory warrant was invalid for lack of probable cause because at time warrant was issued the contraband was not on a sure course to the place to be searched and there was no assurance defendant would take contraband to that place (B) holding that probable cause inquiry is whether considering totality of the circumstances there is a fair probability that contraband will be found in a particular place (C) holding reasonable suspicion is based on totality of circumstances (D) recognizing that the necessary inquiry is not whether there was a warrant or whether there was time to get one but whether there was probable cause for the arrest (E) holding that the reasonableness inquiry is based upon the totality of the circumstances in determining whether or not a search was reasonable
answer:
(B)