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.

Example Input: the reasons for the plaintiffs failure to obtain the action or for not making the effort. Addressing the identical federal rule, the Supreme Court has stated that "[o]n its face, Rule 23.1 speaks only to the adequacy of the shareholder representatives pleadings." Kamen, supra, 500 U.S. at 96, 111 S.Ct. 1711. The rule itself does not create a demand requirement. Id. "[T]he function of the demand doctrine in delimiting the respective powers of the individual shareholder and of the directors to control corporate litigation clearly is a matter of 'substance, not procedure.' " Id. at 96-97, 111 S.Ct. 1711 (quoting Daily Income Fund, supra, 464 U.S. at 543-44 & n. 2, 104 S.Ct. 831 (1984) (Stevens, J., concurring in judgment) (other citations omitted)); see also Bazata, supra, 400 A.2d at 316 (<HOLDING>). Thus, the demand requirement or its futility
Holding statements: (A) holding that an antitrust injury is a necessary element of a 2 claim (B) holding that for purposes of super ct civ r 41b demand is not jurisdictional but an element of the shareholders claim (C) holding that reasonable reliance is not an element of the defense (D) holding that a motion to dismiss is not a responsive pleading for purposes of super ct civ r 15a which permits a party to amend once as a matter of course before a responsive pleading is served (E) holding the connection is an element
Example Output: (B)

Example Input: terms, "pending" refers to the status of an action before a final decision on the merits. Beetham v. Georgia-Pacific, 87 Or App 592, 743 P2d 755 (1987); see also Webster's Third New Int'l Dictionary, 1669 (unabridged ed 1993) (pending means "not yet decided"). Although that meaning is useful in determining whether an action remains pending, it does not fully resolve the problem before us, which is to determine when an action becomes pending. The solution to that problem, however, is readily apparent from relevant contextual sources. ORCP 3 provides that an action is commenced by the filing of a complaint rather than by service of summons. An action becomes pending when it is commenced. See Fremont Indemnity Co. v. Corbett, 66 Or App 668, 672, 675 P2d 1097, rev den 297 Or 340 (1984) (<HOLDING>). Therefore, after a complaint is filed, an
Holding statements: (A) holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens (B) holding that the relevant time of inquiry is the date of the filing of the complaint (C) holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending (D) holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate (E) holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing
Example Output: (C)

Example Input: representative. The complaint asserted causes of action for (1) an accounting of trust funds, (2) conversion by Petitioner and Martin Woolin of trust funds, and (3) a constructive trust of assets, including the subject property, acquired by Petitioner and Martin Woolin with misappropriated trust funds. On August 6, 2002, Respondents also filed and recorded a notice of lis pendens relating to the subject property. Petitioner filed an emergency motion to remove the lis pendens from the subject property. Prior to a hearing on the motion, Respondents filed the affidavit of Tony Argiz, a forensic accountant, in an effort to demonstrate the fair nexus necessary to maintain the lis pendens against the subject property. See, e.g., Conseco Servs., LLC. v. Cuneo, 904 So.2d 438 (Fla. 3d DCA 2005)(<HOLDING>). On September 19, 2002, a hearing was held
Holding statements: (A) holding that the proponent of a lis pendens must show a fair nexus between the alleged fraudulent transfer and the real property encumbered by the lis pendens (B) holding that suit arose from alleged fraudulent transfer of real property located in texas even though the allegedly fraudulent assignment occurred in california (C) holding that a nexus between the corporate officers or directors official activity and the matter for which indemnification is sought must be shown though no more than a nexus whether a nexus exists is a question of fact to be determined by the trial court considering all the circumstances surrounding the proposed indemnification (D) holding that debtors cannot claim an exemption in a homestead after trustee avoided the transfer of the property as a fraudulent conveyance because the transfer by the debtors was voluntary (E) holding that appellants failed to state a claim regarding real property therefore the lis pendens was improperly granted and could be canceled notwithstanding appeal
Example Output:
(A)