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:
That decision will not be disturbed on appeal even in cases in which the record does not reflect that the issue was ever considered by the parties or the trial court. Wilson, 692 S.W.2d at 671. As appellee points out, Wilson was a case in which the defendant appealed after the trial court denied his motion to suppress, and did not involve a State's appeal. Wilson, 692 S.W.2d at 668 (noting at the time Wilson was decided that the State did not have the right to appeal the granting of a motion to suppress); Flores, 871 S.W.2d at 720. Although distinguishable in this respect, the reasoning of Wilson is still applicable to the instant case and the observations made in Wilson remain true regardless of which party originally initiates the appellate process. Cf. Wilson, 692 S.W.2d at 668 (<HOLDING>); State v. Brady, 763 S.W.2d 38, 42 (Tex.App.
Holding statements: (A) recognizing though not relying upon the line of cases which hold the government may raise the issue of standing for the first time on appeal regardless of whether the motion to suppress was granted or denied (B) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal (C) holding that standing is a jurisdictional issue that can be raised for the first time on appeal (D) holding that a party may not raise an issue for the first time on appeal (E) holding defendants argument the court erroneously denied his motion to suppress was reviewable as a constitutional issue even though defendant failed to raise the issue in a written posttrial motion
answer:
(A)

question:
essential element of an elevated breath alcohol level. Consequently, he contends that the judge's ruling was essentially a determination that the exclusion of the BAT results left the State without sufficient proof to convict Defendant of the DWI charge, and that this constituted an adjudication of his innocence. Defendant also asserts that the judge's oral comments that he had "reasonable doubt" and that he found Defendant "not guilty" further indicate that the judge deliberated on the merits of the case and acquitted Defendant of the DWI charge. Defendant does not, however, argue that the judge expressly ruled that Defendant was acquitted of the charges, nor would the record support such an assertion. See County of Los Alamos v. Tapia, 109 N.M. 736, 741, 790 P.2d 1017, 1022 (1990) (<HOLDING>). {20} The State concedes that jeopardy
Holding statements: (A) recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists (B) recognizing that an actual express judgment of acquittal precludes retrial regardless of any defects in the process leading to the judgment (C) holding that defects in service of process must be raised in preliminary objections (D) holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him (E) recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it
answer:
(B)

question:
100 (S.D.N.Y. 1990), the court finds that it may hold Goldman Antonetti vicariously liable for the sanctionable conduct of its lawyers pursuant to 1927. In addition to the reasons articulated in Brignoli, the individual attorneys were undoubtedly aided in their representation of the Esso Defendants by other attorneys employed by the Goldman Antonetti firm who despite their absence from the courtroom must nevertheless fulfill their ethical obligations to the bench and the bar. Where the record discloses sanctionable conduct as extensive as that presented in this matter, the court finds that the law firm must ultimately shoulder its share of responsibility; thus, sanctions should issue under 1927. Lightning Lube, Inc. v. Witco Corporation, et al., 144 F.R.D. 662, 669 (D.N.J. 1992) (<HOLDING>). Further, the sanctionable conduct here
Holding statements: (A) holding sanctions order not final where the amount of sanctions had not yet been determined (B) holding attorneys fees not recoverable under pre1980 version of section 1927 but remanding because they might be justified under the courts inherent power (C) recognizing the federal courts ability to impose inherent power sanctions to the lawyers firm or employer (D) recognizing that an order of restitution is available as a freestanding sanction to be imposed alone or in combination with other sanctions (E) recognizing that sanctions under 1927 may be imposed against a law firm
answer:
(E)