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:
393 N.W.2d 286, 290-91 (S.D.1986). GILBERTSON, Chief Justice, (dissenting).. [ 26.] I respectfully dissent. I would reverse the lower court on Issue 2. I would hold the trial court erred when it granted partial summary judgment to 01-esens, holding City's operation of food service at the municipal bar was an ultra vires act. [27.] An express grant of authority from the legislature "includes those incidental or implied powers that are necessary to enable a municipality to perform the function authorized." City of Rapid City v. Rensch, 77 S.D. 242, 246, 90 N.W.2d 380, 383 (1958) (citation omitted). A municipality is vested with discretion as to how it exercises specific powers conferred upon it by the legislature, as long as the methods employed are n , 59 N.W.2d 732, 734 (1953) (<HOLDING>). Actions taken under a municipality's implied
Holding statements: (A) holding municipality had implied authority to enter into a long term contract to establish a golf course although state statute did not specifically grant authority to establish golf courses as public parks (B) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (C) holding that the governments attorney had the implicit authority to bind the government although the contracting officer had the express authority (D) holding that plaintiff had no authority or statutory right for actions proper course was to report actions to proper legal authority (E) holding the court has the inherent authority to enter an order of confidentiality
answer:
(A)

question:
Under section 22.011(c), a "child" is a person "younger than 17 years of age who is not the spouse of the actor." Id. 22.011(c)(1). A "spouse" means a person who is legally married to another. Id. 22.011(c)(2). Legal marriage in Texas requires a marriage license or proof of an informal marriage. See Tex. Fam.Code Ann. 2.001(b), 2.401 (Vernon 2006). A marriage license may not be issued for the marriage of persons of the same sex. See Tex. Fam.Code Ann. 2.001(b). An informal marriage is solely recognized between a man and a woman. Id. 2.401. Here, because the State clearly showed that J.B. is a male and that appellant is male, the evidence is legally sufficient to prove that appellant was not married to J.B. See Jacques v. State, 579 S.W.2d 247, 248-49 (Tex.Crim.App.1979) (<HOLDING>); Henson v. State, 638 S.W.2d 504, 505
Holding statements: (A) holding that money invested in voluntary investment plan during marriage was marital property because it was property acquired during marriage (B) holding that the law to be applied in determining the validity of an outofstate marriage is the law of the state in which the marriage occurred (C) recognizing that basis for deportation was aliens misrepresentation about his marriage not the validity of his marriage (D) holding husband could not have marriage annulled because wife was pregnant by him at time of marriage (E) holding that appellants substantive rights were not prejudiced by omission in indictment that complainant was not the spouse of the defendant because it had been clearly shown that both appellant and complainant were male and that they could not have obtained marriage license nor entered into commonlaw marriage
answer:
(E)

question:
and becomes liable to the mortgagor the same as anyone else who converts property to his own use.' " (quoting Marchand v. Ronaghan, 9 Idaho 96, 98, 72 P. 731, 732 (1903))). Conversion, in turn, requires a distinct act of wrongfully asserted dominion over another's personal property, see Luzar v. Western Sur. Co., 107 Idaho 693, 696, 692 P.2d 337, 340 (1984), and a cause of action for conversion "accrues in favor of the owner of property as soon as the property is wrongfully taken from his possession or wrongfully converted." Peasley Transfer & Storage Co. v. Smith, 132 Idaho 732, 743, 979 P.2d 605, 616 (1999). Title to property in a nonjudicial foreclosure action is not "taken" until the conclusion, of the sale. See Roos v. Belcher, 79 Idaho 473, 482, 321 P.2d 210, 215 (1958) (<HOLDING>). Thus, while we recognize that a few
Holding statements: (A) holding that a wouldbe bona fide purchaser could not simply ignore the recorded notices of an impending nonjudicial foreclosure sale and fail to make inquiry as to whether the announced sale had occurred (B) holding that a failure to comply with the foreclosure statutes invalidates a foreclosure sale (C) holding that a trustee may conduct a nonjudicial foreclosure sale only after satisfying the conditions in former ors 86735 (D) holding that a properly conducted nonjudicial foreclosure sale quiets title in the purchaser (E) holding that plaintiffmortgagor lacked standing to enforce the terms of a foreclosure sale since there was no statutory authority allowing a mortgagor to enforce the provisions of a sale agreement when a foreclosure purchaser is in default
answer:
(D)