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:
The defendants, contend that, assuming their conduct was unlawful and negligent as charged in the complaint, it was nevertheless not the proximate cause of the injuries suffered. But a tortfeasor is generally held answerable for the injuries which result in the ordinary course of events from his negligence and it is generally sufficient if his negligent conduct was a substantial factor in bringing about the injuries. The fact that there were also intervening causes which were foreseeable or were normal incidents of the risk created would not relieve the tortfeasor of liability. Ordinarily these questions of proximate and intervening cause are left to the jury for its factual determination. [Ibid, (citations omitted).] See also, J.S. v. R.T.H., 155 N.J. 330, 352, 714 A.2d 924 (1998) (<HOLDING>); Cowan v. Doering, 111 N.J. 451, 465-66, 545
Holding statements: (A) holding that prolonged sexual abuse of neighboring adolescent girls by defendants husband with known proclivity for such behavior not a superseding cause of wifes negligent failure to warn victims or take other reasonable steps to prevent harm to them (B) holding that defense may only be raised in context of negligent failure to warn claims (C) holding the wifes testimony that husbands release would cause psychological harm to other family members was insufficient to support commitment courts finding that husband would cause serious bodily harm to another person (D) holding that section 4149 did not apply to the plaintiffs state law claims of breach of duty to protect foster care children from harm and of negligent supervision negligent entrustment and negligent failure to warn (E) holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse and such a mens rea demonstrate the offense was one relating to sexual abuse
answer:
(A)

question:
not reached a final decision on the merits, entitling a litigant to relitigate the issue. International Nutronics, 28 F.3d at 970-71 (antitrust claim against joint venture bidders could have been brought in pri- or bankruptcy proceeding, thus, claim was precluded in subsequent suit to avoid the sale); International Union of Operating Eng'r.-Employers Constr. Indus. Pension, Welfare & Training Trust v. Karr, 994 F.2d 1426, 1430 (9th Cir.1993) (in employee action to recover benefits from employer, employee's audit claim barred by res judicata because it could have been brought in prior proceeding). If litigants could bring a new suit whenever an issue was not previously litigated, no judgment would ever be final. See Ellingson v. Burlington N., Inc., 653 F.2d 1327, 1331 (9th Cir.1981) (<HOLDING>). The proper method to challenge the decision
Holding statements: (A) holding that the application of an extended statute of limitations to offenses occurring prior to the legislative extension where the prior and shorter statute of limitations has not run as of the date of such extension does not violate the ex post facto clause citing united states v powers 307 us 214 21718 59 sct 805 807 83 led 1245 rehg denied 308 us 631 60 sct 66 84 led 526 1939 (B) holding that an indemnitees settlement must be in an amount reasonable in view of the size of possible recovery and degree of probability of claimants success against the indemnitee quoting damanti v as inger 314 f2d 395 397 2d cir1963 cert denied 375 us 834 84 sct 46 11 led2d 64 1963 (C) holding that a change in law does not affect the res judicata effect of judgments citing chicot county drainage dist v baxter state bank 308 us 371 375 60 sct 317 319 84 led 329 rehg denied 309 us 695 60 sct 581 84 led 1035 1940 (D) recognizing nardone v united states 308 us 338 60 sct 266 84 led 307 1939 taint test as controlling authority (E) holding that due process forbids the use of a coerced confession irrespective of its truth as announced in jackson v denno 378 us 368 84 sct 1774 12 led2d 908 to be retroactive
answer:
(C)

question:
solid waste collection contract. Wash. Rev.Code 81.77 only requires that a WUTC Certificate be obtained by the time performance commences. Nevertheless, the Air Force's Final Justification concluded: ,"[o]fferors on the previous solicitation are expected to show an interest in this procurement, however, they will not be eligible to compete as prime contractors without a certificate for this geographic area issued by the WUTC." AR at 777. The record in this case does not support that conclusion. The law is clear that a contracting officer must make reasonable efforts to ascertain if it is likely that at least two small businesses capable of performing the work will submit offers. See 15 U.S.C. 657a(b)(2)(B); see also MCS Management, Inc. v. United States, 48 Fed.Cl. 506, 511 (2001) (<HOLDING>) aff'd, 25 Fed.Appx. 957 (Fed.Cir. 2001); see
Holding statements: (A) holding that although 15 usc 657a and relevant far provisions do not require a particular method to assess small business availability a contracting officer must make reasonable efforts to determine whether offers will be received from at least two responsible small businesses at fair market prices (B) holding that the alleged disclosure must at least be reasonable for the perceived whistleblower doctrine to apply (C) holding misrepresentation must at least be partial cause of plaintiffs injury (D) holding under facts presented that probation officer was entitled to at least qualified immunity (E) holding that appellant was deprived of a fair trial where the jury was instructed in such a way that it was not required to find at least two elements of the offense of capital murder to be proven beyond a reasonable doubt
answer:
(A)