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:
added). Plaintiffs point out, correctly, that beneficial use is an evolving and dynamic requirement of federal and state law. See Joslin v. Marin Mun. Water Dist., 67 Cal.2d 132, 140, 60 Cal.Rptr. 377, 429 P.2d 889 (1967) (While "what is a reasonable use of water depends on the circumstances of each case, such an inquiry cannot be resolved in vacuo isolated from statewide considerations of transcendent importance."). Section 8 of the Reclamation Act of 1902 requires that all water provided pursuant to the Act be put to "beneficial use," as defined by state law. 43 U.S.C. 372, 383; California v. United States, 438 U.S. 645, 665-67, 98 S.Ct. 2985, 57 L.Ed.2d 1018 (1978); see also City of Barstow v. Mojave Water Agency, 23 Cal.4th 1224, 1242, 99 Cal.Rptr.2d 294, 5 P.3d 853 (2000) (<HOLDING>); United States v. Alpine Land & Reservoir Co.,
Holding statements: (A) holding that article x 2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially (B) holding that mandamus was appropriate to require the director to deliver the full decreed water rights of a water right holder (C) holding that the montana constitution protects water rights against unreasonable state action (D) holding substantial completion had occurred because water district took possession of all the lines filled them with water and began using them to serve the customers of the water district (E) recognizing that water rights constitute a real property interest
answer:
(A)

question:
grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. Id. (emphasis added). A defendant must also "file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded." Id. 1446(d). The removal statutes are construed narrowly. Pritchett v. Off its, including the District of Kansas, have also followed this approach. See, e.g., Berbig v. Sears Roebuck & Co., Inc., 568 F.Supp.2d 1033, 1039 n. 9 (D.Minn.2008) (stating that "a failure to comply with the requirements of [Section 1446(a) ] ordinarily is not grounds to deny removal"); Riggs v. Fling Irrigation, Inc., 535 F.Supp.2d 572, 579 (W.D.N.C.2008) (<HOLDING>); Yellow, 406 F.Supp.2d at 1215; In re Methyl
Holding statements: (A) holding that under alabama law the law of the forum applies to procedural matters and that in most instances the statute of limitations is considered to be a procedural rule (B) recognizing that the procedural defect could be corrected through a reinstatement of the termination proceedings (C) holding that if the states criminal complaint against defendant had a jurisdictional defect the prosecution had the right to attempt to correct the defect and a motion to dismiss is one method of doing this (D) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect (E) holding while there may be some case law to support plaintiffs argument the majority approach is that the failure to attach process defect is merely procedural and that this particular procedural defect may be cured
answer:
(E)

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the box which was in the defendant's pocket prior to the time they searched the defendant and removed the box from the defendant's pocket, ... the fruits of that search are not to be considered by you in arriving at your verdict, and in that case you should return a verdict of not guilty. Record on Appeal vol. 2, at 145-46, 178-79, 210-11 (emphasis added). Because the record indicates that the district court, at most, made only an initial determination of whether officer Young saw the cocaine in plain view and left the ultimate determination of that question to the jury, we reject the government's' argument. III For the foregoing reasons, we VACATE Lang's conviction and REMAND for a new trial. 1 . See Terry v. State of Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 1884-85, 20 L.Ed.2d 889 (1968) (<HOLDING>). We do not address the validity of the Terry
Holding statements: (A) holding that a police officer may order an individual out of his car and frisk him for weapons if there is a reasonable belief that the individual is armed and dangerous (B) holding that an officer making a reasonable investigatory stop should not be denied the opportunity to protect himself from attack by a hostile suspect and he may conduct a weapons search limited in scope to this protective purpose (C) holding that a limited search of the outer clothing of a suspect for weapons is reasonable where the officer has a reasonable articulable basis for believing that the suspect may be armed and presently dangerous (D) holding that an officer must be able to point to particular facts from which he reasonably inferred that the individual was armed and dangerous (E) holding that where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him
answer:
(E)