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:
terms, "pending" refers to the status of an action before a final decision on the merits. Beetham v. Georgia-Pacific, 87 Or App 592, 743 P2d 755 (1987); see also Webster's Third New Int'l Dictionary, 1669 (unabridged ed 1993) (pending means "not yet decided"). Although that meaning is useful in determining whether an action remains pending, it does not fully resolve the problem before us, which is to determine when an action becomes pending. The solution to that problem, however, is readily apparent from relevant contextual sources. ORCP 3 provides that an action is commenced by the filing of a complaint rather than by service of summons. An action becomes pending when it is commenced. See Fremont Indemnity Co. v. Corbett, 66 Or App 668, 672, 675 P2d 1097, rev den 297 Or 340 (1984) (<HOLDING>). Therefore, after a complaint is filed, an
Holding statements: (A) holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens (B) holding that the relevant time of inquiry is the date of the filing of the complaint (C) holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending (D) holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate (E) holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing
answer:
(C)

question:
27 . State v. Davenport, 510 P.2d 78, 82 n. 8 (Alaska 1973), quoting United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 746, 13 L.Ed.2d 684 (1965). 28 . Williams v. State, 737 P.2d 360, 362 (Alaska App.1987). 29 . Davenport, 510 P.2d at 80. 30 . Id. at 82 & n. 8. 31 . - See Landon v. State, 941 P.2d 186, 190 (Alaska App.1997); Stam v. State, 925 P.2d 668, 670 (Alaska App.1996) (when assessing the trustworthiness of hearsay information contained in a search warrant application, courts presume that police officers and citizen informants are credible sources of information}. 32 . Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). See State v. Jones, 706 P.2d 317, 322-25 (Alaska 1985)
Holding statements: (A) holding that evidence obtained by improper search or seizure is inadmissible (B) holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause (C) holding that the admission of evidence obtained as a result of an illegal search and seizure is subject to a harmlesserror analysis (D) holding as a matter of law that adaptations of subject matter or expressions in the public domain cannot support a finding of copyright infringement (E) holding that as a matter of state law the aguilarspinelli test continues to govern the evaluation of hearsay information offered to support a search or seizure
answer:
(E)

question:
this and the other accompanying provisions as providing the lender with two options: "[1] the option to accelerate the entire debt, in which event interest would accrue on both the First and Second Parts, or [2] simply accept the missed payments, albeit late, at a higher [default] interest rate to compensate for the time value of money." Id. at 197. Here, the provision we are interpreting simply is not analogous to the contract provision at issue in PCH Associates. The notes at issue in this case require that the default interest provision be triggered after acceleration and only provide the lend er with one option. Therefore, PCH Associates is inapposite. B. Option to Accelerate 1. Affirmative Action Required Beal argues that even if it was req 2d 455, 71 P.2d 330, 332 (1937) (<HOLDING>); What Is Essential to Exercise of Option to
Holding statements: (A) holding that the holder of the note must act in a manner that effectively provides notice that the holder has exercised his option (B) holding that the mortgage conveys such interests that the mortgagee is the holder of the paramount title (C) holding that even if the doctrine applies to option contracts no conversion would take place until the option were exercised by the party having the right of election (D) holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder (E) holding that where a mortgagee is acting on behalf of the note holder there is no disconnection between note and mortgage and the mortgagee may foreclose
answer:
(A)