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: 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

SOLUTION: (A)

PROBLEM: second and third elements under Fed.R.Civ.P. 24(a)(2), the existence of a sufficient interest, and whether disposition of that interest would effectively impede the putative intervenors' ability to protect that interest. Among the interests that satisfy these criteria are injury to reputation, see Penthouse Int'l Ltd. v. Playboy Enterprises, Inc., 663 F.2d 371, 373, 392 (2d Cir.1981), need to protect the attorney-client privilege, see In re Katz (Jamil v. United States), 623 F.2d 122 (2d Cir.1980), and need to protect the attorney work-product privilege. See United States v. AT & T, 642 F.2d 1285, 1290-92 (D.C.Cir.1980), citing, Reisman v. Caplin, 375 U.S. 440, 445, 84 S.Ct. 508, 511-12, 11 L.Ed.2d 459 (1964); see also In re Grand Jury Proceedings, 735 F.2d 1330, 1331 (11th Cir.1984) (<HOLDING>); In re Grand Jury Proceedings, 604 F.2d 798,
Holding statements: (A) recognizing that a district court should allow intervention by a client in the first instance as soon as the attorneyclient privilege issue is raised (B) holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known (C) holding that where an issue is raised in the district court but raised late and the district court declines to deem the issue waived the issue may be raised on appeal (D) recognizing intervention to assert both the attorneyclient and work product privileges (E) holding that the information is not protected by attorneyclient privilege

SOLUTION: (A)

PROBLEM: of Appeals stated in Bluebonnet Savings, "The contract itself is notice of binding duties, and when it requires that amendments be in writing, that is additional notice not to rely on oral representations." 907 S.W.2d at 908. In Bluebonnet, the court of appeals concluded, as a matter of law, that the borrowers failed to prove they justifiably relied to their detriment on statements by the lender's agents that "everything looked fine" regarding a loan restructuring proposal and "everything would be okay." Id. at 909. In Bluebonnet, the borrower, w jury's verdict on Schleider's alternative theory of negligent misrepresentation. Accordingly, we render judgment Schleider take nothing under his alternative theory of recovery. III. I d 366, 369 (Tex.Civ.App.-Austin 1974, writ ref'd n.r.e.) (<HOLDING>). Because there is no evidence of a binding
Holding statements: (A) holding promise lacked definiteness of essential element ie the total sum to be underwritten during a period of six years (B) holding that failure to instruct on an essential element was harmless error because the element was so clearly established (C) holding that causation is an essential element in failure to warn claim (D) holding that damage to the property of another is an essential element of the offense of criminal mischief (E) holding dollar amount is not an essential element

SOLUTION:
(A)