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.

Q: determination under the reasonableness test as clearly erroneous, we perceive no error. JUDGMENT AFFIRMED; COSTS TO BE PAID BY APPELLANT. 1 . Appellees' original complaint was filed before the bylaw amendment was passed. 2 . The lobby, which per Paragraph 7(c) of the Ridgely Declaration is explicitly characterized as a common element, was refurbished in 1990 out of common funds consisting of contributions from each unit owner. To deny the use of the lobby to clients of the commercial owners constitutes an ultra vires taking of a portion of their percentage interest in the common areas in derogation of the Ridgely Condominium declaration as well as certain provisions of the Maryland Condominium Act. Paragraph 8 of the Ridgely Declaration, in pertinent part, provid 495, 500 (1991) (<HOLDING>). See also Jarvis v. Stage Neck Owners Ass'n,
Holding statements: (A) holding that the defendants presence in a dark alleyway at six oclock in the morning behind a closed business in an exclusively commercial area supported the investigative stop and explaining that knowledge of recent burglaries in an area is a relevant circumstance to be considered in determining the reasonableness of an officers suspicion because knowledge of the character of the area is part of an officers expertise (B) recognizing that unit owners own the common elements in fee as tenants in common (C) holding that the requirement of explicitly and prominently was intended by the legislature to ensure that the declaration give unequivocal notice to the project unit owners of the authorization for such use (D) holding that the grant of exclusive use to one unit owner of a common area is sufficient to change the relative interest of the unit owners in that common area (E) holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest

A: (D)
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Q: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor
Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance

A: (C)
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Q: is the shortest limitations period applicable to the case. 32 . The Brokers did not assert this ground in their motion for partial summary judgment. Although the Brokers did raise this argument in their reply, the trial court stated that it did not consider the limitations arguments set forth in the reply brief, and the Brokers do not assert that the trial court erred in refusing to consider these arguments. 33 .In support of this contention, the Insureds cite Don Chapman Motor Sales, Inc. v. National Savings Insurance Co., 626 S.W.2d 592, 597 (Tex.App.-Austin 1981, writ ref'd n.r.e.). 34 . See Guthrie v. Republic Nat'l Life Ins. Co., 682 S.W.2d 634, 637 (Tex.App.-Houston [1st Dist.] 1984, writ ref'd n.r.e.). 35 . See Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193, 200 (Tex.2002) (<HOLDING>). 36 . See No. 01-03-00637-CV, 2004 WL 2823147,
Holding statements: (A) holding that a principal is bound by a contract entered into by the principals agent on her behalf if the agent had authority to bind the principal (B) holding that an attorney for a debtor owes a general fiduciary duty to preserve the bankruptcy estate (C) holding that an agent owes a fiduciary duty to his principal (D) holding that an attorney owes a fiduciary duty to persons though not strictly clients who he knows or should know rely on him in his professional capacity (E) holding that both agent and principal will be liable when the agent acts within the scope of his employment but for his own purposes

A:
(C)
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