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:
an interpretation of section 85.321 that would make any party who holds a mineral interest indefinitely liable to all subsequent interest holders for prior alleged damage to the land. The consequences of such an interpretation run contrary to the legislative intent to protect and encourage the development of Texas natural resources. See Tex. Const. art. XVI, 59. We are mindful of the consequences of a particular construction. See Tex. Gov't Code 311.023(5); McIntyre, 109 S.W.3d at 745. Absent a legislative enactment clearly abrogating the common law, we conclude that Emerald does not have standing as a subsequent lessee to pursue a claim under section 85.321 for Exxon's alleged wrongful actions as a prior lessee. See, e.g., Tooke v. City of Mexia, 197 S.W.3d 325, 342-43 (Tex.2006) (<HOLDING>). C. Negligence Per Se Because our holding that
Holding statements: (A) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law (B) holding that tex loc govt code 51075 abrogated city of texarkana v city of new boston 141 sw3d 778 texapptexarkana 2004 (C) holding that city attorneys promise in an oral settlement agreement for city to annex and rezone land was within the legal authority of the city of joliet to accomplish and were not absolutely void acts per se therefore city could be estopped from avoiding enforcement of contract (D) holding that the city of boston was acting as a market participant when it contracted for public works construction (E) holding that distribution of catalogs to city addresses constituted use within city subject to taxation under municipal code provision
answer:
(B)

question:
interim orders issued by arbitration panel were resolution of separate and independent claim and subject to confirmation even though the orders did not dispose of all claims submitted to arbitration); The Home Insurance Company v. RHA/Pennsylvania Nursing Homes, Inc., 127 F.Supp.2d 482, 490 (S.D.N.Y.2001) (an interim award which adjudicated a portion of a damages claim and ordered the payment of that sum is final even though liability and potential damages issues remained to be resolved with respect to the remainder of the same claim; court held that an arbitration award that fully disposes of a separate and independent claim is final for purposes of confirmation under the FAA even if other claims remain pending); Hart Surgical, Inc. v. Ultracision, Inc., 244 F.3d 231 (1st Cir.2001) (<HOLDING>); Publicis Communication v. True North
Holding statements: (A) holding that an order remanding an arbitration award is not a final appealable order when the order does not also vacate the arbitration award (B) holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants (C) holding that an award which finally and definitely disposes of a separate independent claim may be confirmed although it does not dispose of all the claims that were submitted to arbitration (D) holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc 1291 (E) holding that section nine does not limit confirmation of an award to the district court in the district of arbitration and confirmed a new york arbitration over whose parties the court had personal jurisdiction
answer:
(C)

question:
filed an Anders brief that did not mention the U.S.S.G. 4A1.2(a)(2) sentencing issue, Defendant did not have the assistance of counsel in raising this claim or obtaining access to the information needed to challenge this particular aspect of his sentencing. This claim was therefore rejected on direct appeal because the evidence refuting the PSR's erroneous information was not brought to t of sentencing error does- not rise to the level of "a miscarriage of justice" and thus is not cognizable under 2255. See United States v. Talk, 158 F.3d 1064, 1070 (10th Cir.1998) ("[N]umerous cases have held that sentencing errors typically do not give rise to a miscarriage of justice sufficient to excuse procedural default."); cf. Narvaez v. United States, 674 F.3d 621, 627 (7th Cir.2011) (<HOLDING>); Talk, 158 F.3d at 1070 (assuming without
Holding statements: (A) holding that failure to consider an improper jury instruction would constitute a miscarriage of justice (B) holding that error in classifying defendant as a violent offender caused a miscarriage of justice (C) holding that courts of appeal should only correct a forfeited error at the trial level in those circumstances in which a miscarriage of justice would otherwise result (D) holding that courts may only review claims for fundamental miscarriage of justice (E) holding some evidence standard applicable to cdoc decision classifying inmate who had not been convicted of a sexual offense as a sex offender
answer:
(B)