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: do not find that MBI has waived this argument on appeal. See Ind. Appellate Rule 49(B). 3 . We also note that MBI did not present any expert testimony, or any other evidence, that would suggest that Orlando's permanent injury to his knee was not caused by the accident. 4 . The prospective juror was struck from the jury pool prior to trial. 5 . MBI also argues that Orlando was only asking for $75,000 in damages. However, Orlando clearly argued that $75,000 was where he thought the jury should begin its discussion for damages, but he did not limit his damages to this amount. Tr. p. 223. 6 . MBI also argues that "[i]f there is no evidence to establish the loss of earning capacity, there can be no recovery on that issue." Scott v. Nabours, 156 Ind.App. 317, 321, 296 N.E.2d 438, 441 (1973) (<HOLDING>). However, the final jury instructions gave a
Holding statements: (A) holding the trial court did not err by withdrawing the issue of loss of earning capacity from the jury when there was no evidence in that regard (B) holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact (C) holding that the trial court did not err by granting defendants motion for summary judgment (D) holding that the trial court correctly instructed the jury that the defendant had to establish by evidence that outweighed the evidence against him that he lacked the capacity to form specific intent (E) holding that trial court did not err

Answer: (A)

Question: voters of the political subdivision or subdivisions whose combined territory composes the territory of a district shall be qualified voters of the district. The nomination and election shall be by separate nonpartisan ballot. The term of each member of the board thus elected shall be six years and until his successor is elected and qualified. (Emphasis added.) No definition of a "qualified voter" is provided in SDCL Chapter 49-36. Thus, we must turn to the definition of "voter" as provided under SDCL Title 12, and the South Dakota Constitution as to what qualifies a person as a "voter" within the meaning of Chapter 49-36. See SDCL 12-1-1. [44.] Our state affords great protection to a citizen's voting franchise. SD Const, art. 6, 19; Duffy v. Mortenson, 497 N.W.2d 437, 439 (S.D.1993) (<HOLDING>). A court must strictly adhere to the
Holding statements: (A) holding that a fair referendum assuring the equal right to vote under 101a1 includes the right of members to have the vote scheduled at a time when they can exercise their vote and the right to be free from intimidation or fear of reprisal (B) holding constitutional a tax on a private citizens interest in housing on government property received as part of the private citizens compensation (C) holding it is not the policy of the state of south dakota to disenfranchise its citizens of their constitutional right to vote (D) recognizing that state agencies which are independent of the state are citizens of the state (E) holding that the right to vote is fundamental

Answer: (C)

Question: and allowing them to respond to Kuljis's claims would not cause undue delay or injury to Kuljis. They averred that they were ready for trial, that they would reimburse Kuljis for all reasonable expenses incurred in obtaining the "default" judgment, and that they were willing to refund the security deposit immediately, subject to its being accepted by Kuljis and his attorney. On appeal, the Nguyens argue that they have established that their collective failure to respond adequately to Kuljis's motions for summary judgment was not intentional or the result of conscious indifference, but the result of accident or mistake. See Wheeler, 157 S.W.3d at 442-44; Carpenter, 98 S.W.3d at 685; see also Imkie v. Methodist Hosp., 326 S.W.3d 339, 346 (Tex.App.-Houston [1st Dist.] 2010, no pet.) (<HOLDING>). The majority agrees that Tho and Giang
Holding statements: (A) holding that pro se litigant who appeared in court under belief that her appearance was all that was needed to respond to summary judgment established that her failure to respond or ask for extension of time were mistakes based on misunderstanding of law and satisfied wheeler test (B) holding that district court did not err in summarily granting defendants motion for summary judgment pursuant to local rule where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion (C) holding that a pro se party must be advised of consequences of failing to respond to a dispositive motion including an explanation that the failure to respond may result in the district court granting the motion and dismissing the case (D) holding that upon a demon stration of abuse a court can restrict future pro se pleadings if it first provides a pro se litigant reasonable notice and an opportunity to respond (E) holding a court can restrict future pro se pleadings if it first provides a pro se litigant notice and an opportunity to respond

Answer:
(A)