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.
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Question: and sold it to nonre-latives. We conclude that the evidence is not sufficient to rebut the presumption that the property is marital. The form of the transaction, while not dispositive, is compelling in the instant case because of Klem's knowledge of, and experience with, joint tenancies. Klem was fully aware of how joint tenancies operated. As the husband of Hazel, he became the sole owner of Hazel's family property as a surviving joint tenant, a fact he acknowledged during his deposition. Subsequent to his sole ownership of the property, he knowingly deeded the property to Larry and Colleen as joint tenants. In so doing, he gave both parties an interest in the property. See Melina v. Melina, 411 N.W.2d 204, 207 (Minn.App.1987); Erdahl v. Erdahl, 384 N.W.2d 566, 567 (Minn.App.1986) (<HOLDING>). Finally, also indicative of the donor's
Holding statements: (A) holding that spouse could not claim exemption in property that was only property of other spouses estate (B) holding that devise of real estate to one spouse was nonmarital and noting that had testator intended such property to be devised as marital property he could have designated appellant as a joint tenant (C) holding money received from inheritance as nonmarital property presumptively became marital property when placed in joint account under arkansas law (D) holding that transferring joint property into one partys name for estate planning purposes does not convert marital property into nonmarital property (E) holding that circuit court erred in failing to consider that marital property in the form of marital earnings was used to pay debt against nonmarital property

Answer: holding that spouse could not claim exemption in property that was only property of other spouses estate

Question: resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass'n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by
Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata (C) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (D) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (E) holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata

Answer: holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii

Question: doing home exercises, resting, and experiencing headaches and other symptoms"; (3) the victim suffered an injury similar to a whiplash injury, which would make her more susceptible to reinjury; (4) the victim's physician was unable to predict when she would be free from symptoms and told her to expect to return to therapy two times per year at a cost of approximately $300; and (5) the victim has endured "much pain, suffering, and fear." The district court denied Colsch's motion to reduce restitution and reinstated the remaining $7,665 of the restitution judgment. This appeal followed. ISSUE Did the district court err in ordering restitution that included noneconomic damages? ANALYSIS This issue is appealable as a matter of right. See State v. Whitledge, 500 N.W.2d 488, 489 (Minn.1993) (<HOLDING>). "Deciding whether a particular item of
Holding statements: (A) holding that a defendant waived a sentencing issue by failing to object in district court (B) holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal (C) holding when it is not clear that the sentencing judge would have imposed the same sentence if a lower sentencing range would have been available remand is required (D) holding that misdemeanor defendant may appeal sentence if sentencing issue is one that could have been raised by defendant before sentencing guidelines became effective in 1980 (E) holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines

Answer:
holding that a defendant waived a sentencing issue by failing to object in district court