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.

Input: Consider Input: business is a disputed question of fact which cannot be resolved on summary judgment. State Auto disputes Appellants' arguments and also posits in the alternative that, even if Kraus was an "insured" at the time he committed the acts in question, Appellants' false imprisonment claims were subsumed by their sexual assault claims. As discussed below, we conclude that the district court correctly found that the determination of whether Kraus was an "insured" under the policy is a question of law where the pertinent facts are undisputed, that the policy is not ambiguous, and that Kraus's acts fall within the Criminal-Acts Exclusion. Because we affirm the district court on those grounds, we do not reach State Auto's alternative argument in support 2d 349, 633 N.W.2d 707 (Wis.Ct.App.2001) (<HOLDING>); Michelet v. Scheuring Sec. Servs. Inc., 680
Holding statements: (A) holding the question of whether insurance companys requests were reasonable under policy language was a fact question (B) holding that the question of whether an employee was acting within the course and scope of his employment or while performing duties related to the conduct of the employers business for purposes of insurance coverage were questions of fact that precluded summary judgment particularly since there was a question regarding the employees intent in performing the act in question (C) holding that issues of fact precluded summary judgment on the question of whether an employee was acting within the course and scope of his employment for purposes of insurance coverage when the employee was simply sitting in his vehicle in his employers parking lot waiting for the business to open at the time the accident occurred (D) holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury (E) holding that generally the question of waiver and estoppel is a question of fact

Output: (B)

Input: Consider Input: the Title VII limitations period is an affirmative defense; rather, it referred to the filing period as something "like a statute of limitations" which "generally create affirmative defenses." See Gordon, 675 F.2d at 360. Furthermore, Gordon's discussion came in response to the defendant's (rejected) claim that the filing period was jurisdictional and did not purport to address, let alone decide, whether compliance with the filing deadline was condition precedent or an affirmative defense. 13 . Plaintiffs have not argued waiver, estoppel, or that the doctrine of equitable tolling should apply to cure their tardy filings, and based on the facts before us, we see nothing demanding their application. See, e.g., Biester v. Midwest Health Servs., Inc., 77 F.3d 1264, 1267 (10th Cir.1996) (<HOLDING>). 14 . Rather, each housekeeper who was told to
Holding statements: (A) holding that equitable tolling of a statute of limitations may be triggered 1 where a plaintiff has actively pursued his judicial remedies by a filing a defective pleading during the statutory period or 2 where a plaintiff was induced or tricked by his adversarys misconduct into allowing the filing deadline to pass (B) holding that equitable tolling applied where insurance company statements and conduct lulled plaintiff and his attorney into believing that plaintiffs uninsured motorist claim was properly filed (C) recognizing equitable tolling in the title vii context where the plaintiff has been deceived lulled into inaction actively misled or has in some extraordinary way been prevented from asserting his or her rights quotations and citations omitted (D) holding equitable tolling appropriate where a party is prevented in some extraordinary way from exercising his rights (E) holding title vii subject to equitable tolling

Output: (C)

Input: Consider Input: to invoke the jurisdiction of the trial court. As a matter of first consideration, any court has the duty to determine, sua sponte, whether it has jurisdiction to hear the case. Welch v. McDougal, 876 S.W.2d 218, 220 (Tex.App.-Amarillo 1994, writ denied). As material to this question, section 65.023(b) of the Texas Civil Practice & Remedies Code requires that an application for an injunction to stay proceedings in a suit or execution on a judgment must be tried in the court in which the suit is pending or the judgment was rendered. This requirement is jurisdictional and does not relate merely to venue. See Butron v. Cantu, 960 S.W.2d 91, 94 (Tex.App.-Corpus Christi 1997, no writ); Home Sav. Ass'n v. Ramirez, 600 S.W.2d 911, 913 (Tex.Civ.App.-Corpus Christi 1980, writ refd n.r.e.) (<HOLDING>). Because the Gard-ners seek to challenge
Holding statements: (A) holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court (B) holding that a judgment is subject to collateral attack where the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court exceeds the powers conferred on it by constitutional or statutory provisions (C) holding that a dis trict court has no authority to issue injunction restraining enforcement of judgment of the county court where as here the judgment solely resolves who is entitled to immediate possession (D) holding that motion to dismiss should not be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law (E) holding that a judgment of another states court is entitled to full faith and credit j when the judgment is considered final under the laws of the rendering state
Output: (C)