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.

Ex Input:
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

Ex Output:
(C)

Ex Input:
determined that only the foregoing portion of this opinion will be printed in the Washington Appellate Reports and that the remainder shall be filed for public record pursuant to RCW 2.06.040, it is so ordered. Bridgewater, A.C.J., and Hunt, J., concur. 1 O'Connor later produced a valid concealed weapons permit. 2 Simple possession of a controlled substance is a lesser included offense of possession with intent to deliver. State v. Harris, 14 Wn. App. 414, 418, 542 P.2d 122 (1975); see State v. Sims, 119 Wn.2d 138, 142, 829 P.2d 1075 (1992) ("Where one merely possesses a controlled substance without the statutory element of intent, one is guilty of simple possession under RCW 69.50.401(d), absent unwitting possession."); State v. Robbins, 68 Wn. App. 873, 877, 846 P.2d 585 (1993) (<HOLDING>). 3 It is not clear when he purchased the
Holding statements: (A) holding defendant could only be sentenced to a single offense under section 1244011 not both conspiracy with intent to deliver and possession with intent to deliver (B) holding second simple possession conviction was not an aggravated felony because it was not prosecuted as recidivist possession (C) holding that possession with intent to distribute and simple possession are the same offense under blockburger (D) holding that trial court may arrest judgment on conviction for possession with intent to deliver and enter judgment of guilt on simple possession (E) holding that the defendants prior drug conviction for simple possession did not constitute a controlled substance offense because the plain language of 4b12b requires that the prior conviction involve possession with intent to distribute

Ex Output:
(D)

Ex Input:
policymaking authority sufficient for imposition of municipal liability); Powell v. City of Pittsfield, 143 F.Supp.2d 94, 125 (D.Mass.2001)(failing to apply Praprotnik and holding that a may- or's admission that he was the ultimate decision-maker regarding police appointments sufficient to establish final policy-making authority in that area); Martineau v. Kurland, 36 F.Supp.2d 39, 43 (D.Mass.1999) (Keeton, J.) (applying the Praprotnik finality framework and holding that city hospital director lacked final poli- eymaking authority because constrained by city's formal policy against discrimination or retribution); Armstrong v. Lamy, 938 F.Supp. 1018, 1035-36 (D.Mass.1996) (Keeton, J.) rev'd on other grounds by Educadores Puertorriquenos en Accion v. Hernandez, 367 F.3d 61 (1st Cir.2004) (<HOLDING>) (citation omitted); Gonsalves v. City of New
Holding statements: (A) holding a board of education independently liable despite the intentional nature of the conduct of its employee a school principal (B) holding that the law of the state of incorporation applies (C) holding that petitioners status as school board members does not permit them to step into the shoes of the school board and invoke its right to appeal (D) holding that members of the board of trustees of an elementary school had standing to challenge the actions of the county board of education because they suffered an actual injury when the county board nullified their unanimous vote to reject a candidate for principal of the elementary school (E) recognizing jetts incorporation of specific portions of praprotnik but holding that school committee members have final authority to establish school policy despite fact that state law subjected such authority to standards established by the board of education

Ex Output:
(E)