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.

[EX Q]: )4 mile away. Fifth, also at this time, a vehicle registered to Nelson pulled in and parked next to Miller's car. Sixth, the note at the boat ramp informed Kaplan that he was being watched. Seventh, Miller and Nelson both left the lake at the same time Kaplan left. Eighth, Nelson arrived at the same McDonald's immediately after Kaplan arrived. Ninth, a passenger from Nelson's car approached Kaplan's vehicle and peered into Kaplan's vehicle from a distance of 10 feet away. Tenth, Nelson drove home from the McDonald's using what would normally be described as counter-surveillance techniques. Finally, Miller changed his story as to why he was at the lake that day at that time. See Iannelli v. United States, 420 U.S. 770, 777 n. 10, 95 S.Ct. 1284, 1289-90, 43 L.Ed.2d 616 (1975) (<HOLDING>); United States v. Penagos, 823 F.2d 346, 348
Holding statements: (A) holding that an agreement may be inferred entirely from circumstantial evidence (B) holding that the conspiratorial agreement may be proved by circumstantial evidence including the acts and conduct of the coconspirators and the inferences that may be drawn from their acts (C) holding that intent and knowledge can be proved by circumstantial evidence (D) recognizing that identity of a substance as cocaine may be proved by circumstantial evidence (E) holding that there was no evidence or inferences to be drawn from the evidence to support the damage award
[EX A]: (B)

[EX Q]: is limited in applicability to only cases, like this one, in which the total noneconomic damages awarded by the jury were in excess of both of the $250,000 caps and in excess of the $500,000 combined total of both applicable caps; the jury here awarded $1,725,000 in noneconomic damages. 29 . Chesser argues that because a jointly and severally liable defendant possesses a right of contribution, the statutory provisions at issue do not conflict. A right of contribution, however, presupposes that the defendant has actually paid the damages that is, has already been civilly liable for noneconomic damages in excess of the $250,000 cap applicable to that defendant, in violation of the express language of section 74.301(b). See Tex. Civ. Prac. & Rem.Code Ann. 33.015(a), (b) (West 2008) (<HOLDING>). 30 . Appellees concede that Hospital remains
Holding statements: (A) recognizing a right to contribution (B) recognizing that prior to 1949 when the statute permitting contribution among joint tortfeasors was enacted no right of contribution existed between jointtortfeasors in delaware (C) recognizing contribution in the appropriate case (D) recognizing in both subsections a right of contribution when a defendant has paid a percentage of damages greater than his percentage of responsibility (E) recognizing right of contribution against joint tortfeasor where release is obtained on his behalf
[EX A]: (D)

[EX Q]: by 1983. See Carlson, 446 U.S. at 19-22, 100 S.Ct. at 1472-73; Robertson v. Wegmann, 436 U.S. 584, 590-91, 98 S.Ct. 1991, 1995, 56 L.Ed.2d 554 (1978). Section 1983 provides that one who under the color of any state law deprives another of rights guaranteed by the United States Constitution shall be Hable in an action at law or equity. Id. Our analysis focuses on two questions. First, we must determine whether there is an impUed private right of action for damages against governmental entities for violations of the Texas Constitution. Second, we must decide whether we may look to the Constitution to define the element of duty for a Texas common law cause of action. A. Because Texas has no provision comparable to 1983, the first question must be answered 652, 459 N.E.2d 453 (1983) (<HOLDING>); Rockhouse Mountain Property Owners Ass'n v.
Holding statements: (A) holding that when there are no other remedies it is appropriate for the courts to imply one under the state constitution (B) holding that because of statutory remedial scheme court would not imply a cause of action arising directly under the state constitution (C) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (D) holding that deprivation of personal property does not violate the constitution if there are adequate state remedies available (E) holding that the remedies are exclusive
[EX A]:
(A)