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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: with the general contractor to provide materials and labor. Decina, 258 Mich App at 422. 25 Id. 26 Id. at 423. Although the subcontractors did not contract with the homeowners directly, they were nevertheless at least initially entitled to a construction lien under the CLA. See MCL 570.1107(1) ("Each.. . subcontractor . .. who provides an improvement to real property has a construction lien upon the interest of the owner or lessee who contracted for the improvement to real property .. .."). 27 H A Smith Lumber & Hardware Co v Decina (On Remand), 265 Mich App 380, 382; 695 NW2d 347 (2005), rev'd 480 Mich 987 (2007). 28 Id. 29 Id. at 384-385. 30 Decina, 480 Mich at 988. 31 id. 32 Decina, 258 Mich App at 424, 431. 33 See MCL 570.1107(1) and (6); see also Vugterveen, 454 Mich at 129 (<HOLDING>). 34 Decina, 480 Mich at 988. 36 MCL
Holding statements: (A) recognizing that mcl 57011076 provides a real property owner with a defense to a claim of lien if the owner can show that the sum of payments made pursuant to the specific contract plus the claim of lien exceed the price of the contract (B) holding that the lien bond releases the property from the lien but the lien is then secured by the bond (C) holding that under nebraskas physicians lien statute a physicians lien could not exceed the amount the health care provider agreed to accept for the services rendered to a patient even if the usual and customary charge for such services is greater than that sum because the statute extends such lien only to the amount due or debt of the patient to the hospital (D) holding that the current property owner may not assert a public nuisance claim against the former owner (E) holding a lien is a claim against property here a surety bond and breach of contract is a claim against a person thus the lien proceeding did not dispose of the breach of contract action

SOLUTION: holding that the lien bond releases the property from the lien but the lien is then secured by the bond

PROBLEM: not contest Alaimalo's actual innocence. B. Prior Opportunities to Raise Actual Innocence Claim We turn to the question of whether Alaimalo's actual innocence claim was unavailable to him during his direct appeal and his first 2255 motion. In making this determination, we consider "(1) whether the legal basis for petitioner's claim did not arise until after he had exhausted his direct appeal and first 2255 motion; and (2) whether the law changed in any way relevant to petitioner's claim after that first 2255 motion." Harrison, 519 F.3d at 960 (internal quotation marks omitted). An intervening court decision must "effect a material change in the applicable law" to establish unavailability. Harrison, 519 F.3d at 960. See also In re Davenport, 147 F.3d 605, 607, 610 (7th Cir.1998) (<HOLDING>); Triestman v. United States, 124 F.3d 361 (2d
Holding statements: (A) holding that the supreme courts decision in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 effected a material change in the law because the circuit previously held that accessability of a firearm was enough to support an inference that a firearm was used in a drug crime whereas bailey required active employment of the firearm (B) holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used (C) holding that the supreme courts interpretation of 18 usc 924c1 in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 has retroactive application to cases on collateral review (D) holding that the rule announced in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 applies retroactively on collateral review (E) holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense

SOLUTION: holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used

PROBLEM: the District Court of Appeal for Florida in Ocasio v. Bureau of Crimes, etc., 408 So. 2d 751, 752 (Fla. App. 1982), cited to State ex rel. Perez v. Wall, 41 Fla. 463, 26 So. 1020 (1899), for the following proposition: " 'We do not think it can be maintained that a husband is related to his wife by affinity. They are embraced in the definition of neither affinity nor consanguinity, but are regarded in law ... as one person.' " See, also, Strauss v. Strauss, 148 Fla. 23, 3 So. 2d 727 (1941) (estates by entirety are predicated on unity of husband and wife making them one person in law); Moran v. Quality Aluminum Casting Co., 34 Wis. 2d 542, 150 N.W.2d 137 (1967) (historically, by marriage husband and wife are one person in law). See, also, State v. Hooper, 140 Kan. 481, 37 P.2d 52 (1934) (<HOLDING>). While there is authority that husband and
Holding statements: (A) holding that doctrine of affinity grew out of canonical maxim that marriage makes husband and wife one (B) holding that the trial court committed manifest error by substituting its judgment for that of a valid and enforceable contractual agreement between the parties when it awarded wife nearly half the value of specific assets acquired during the marriage in disregard of antenuptial agreement calling for husband to take 23 and wife to take 13 of property acquired during the marriage (C) holding husband could not have marriage annulled because wife was pregnant by him at time of marriage (D) holding claims waived because they all grew out of their unsatisfactory business relationship (E) holding a wife liable for necessary medical expenses incurred by her husband under the doctrine even though the wife did not sign as a guarantor and did not request that her husband be admitted nor anticipate that her husband would be admitted

SOLUTION:
holding that the trial court committed manifest error by substituting its judgment for that of a valid and enforceable contractual agreement between the parties when it awarded wife nearly half the value of specific assets acquired during the marriage in disregard of antenuptial agreement calling for husband to take 23 and wife to take 13 of property acquired during the marriage