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.
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Question: Under section 22.011(c), a "child" is a person "younger than 17 years of age who is not the spouse of the actor." Id. 22.011(c)(1). A "spouse" means a person who is legally married to another. Id. 22.011(c)(2). Legal marriage in Texas requires a marriage license or proof of an informal marriage. See Tex. Fam.Code Ann. 2.001(b), 2.401 (Vernon 2006). A marriage license may not be issued for the marriage of persons of the same sex. See Tex. Fam.Code Ann. 2.001(b). An informal marriage is solely recognized between a man and a woman. Id. 2.401. Here, because the State clearly showed that J.B. is a male and that appellant is male, the evidence is legally sufficient to prove that appellant was not married to J.B. See Jacques v. State, 579 S.W.2d 247, 248-49 (Tex.Crim.App.1979) (<HOLDING>); Henson v. State, 638 S.W.2d 504, 505
Holding statements: (A) holding that money invested in voluntary investment plan during marriage was marital property because it was property acquired during marriage (B) holding that the law to be applied in determining the validity of an outofstate marriage is the law of the state in which the marriage occurred (C) recognizing that basis for deportation was aliens misrepresentation about his marriage not the validity of his marriage (D) holding husband could not have marriage annulled because wife was pregnant by him at time of marriage (E) holding that appellants substantive rights were not prejudiced by omission in indictment that complainant was not the spouse of the defendant because it had been clearly shown that both appellant and complainant were male and that they could not have obtained marriage license nor entered into commonlaw marriage

Answer: (E)

Question: matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any
Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter

Answer: (B)

Question: the defendant complains in his post-trial motion that the composition of the venire deprived him of a fair trial. During his argument on his post-trial motion, the defense counsel again claimed that there were only four minority members on the 44-person venire. The judge stated that five members of the venire had appeared to him to be minority members and denied the post-trial motion. We agree with the State that the defendant has waived review of this issue by failing to challenge the venire by a written motion supported by affidavit. See 725 ILCS 5/114 3 (West 1992); People v. Johnson (1987), 154 Ill. App. 3d 301, 507 N.E.2d 179 (finding waiver when the defendants did not support their written motions with affidavits); People v. Flowers (1985), 132 Ill. App. 3d 939, 478 N.E.2d 524 (<HOLDING>); People v. Perry (1980), 81 Ill. App. 3d 422,
Holding statements: (A) holding that two general objections were insufficient to properly preserve the issue (B) holding that an oral challenge to the venire is insufficient (C) holding that the defendants oral motion challenging the venire was insufficient to preserve the issue for review (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding a general ruling by the trial court is insufficient to preserve a specific issue for appellate review

Answer:
(C)