instruction:
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.
question:
as she has failed to show that a majority of the arbitrators deliberately disregarded the law. (See id.) Although the award in this case is general, it does not appear that the panel deliberately disregarded the law. Both parties made viable legal arguments to the arbitration panel regarding equitable remedies and defenses including the voluntary payment doctrine, which the panel says it considered. Although the voluntary payment doctrine could preclude Olde's recovery, it is not applicable in all situations and there are exceptions to the doctrine. For example, courts have found that if a mistake of fact is alleged, then the voluntary payment doctrine does not apply. See Kane-Miller Corp. v. Lakeview Trust & Sav. Bank, No. 88 C 7561, 1989 WL 13295, at *1 (N.D.Ill. Feb.13, 1989) (<HOLDING>); see also Best Buy Co. v. Harlem-Irving Cos.,
Holding statements: (A) holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff (B) recognizing that a mistake of fact may constitute a valid defense (C) holding that applicability of the voluntary payment doctrine and the mistake of fact exception raises questions of fact that cannot be resolved on a motion to dismiss (D) holding that money paid under mistake of fact may be recovered regardless of the negligence of the payor (E) holding the general rule is that money paid to another under a mistake of fact may be recovered because the money belongs in equity and good conscience to the person who paid it
answer:
(D)

question:
interest" at issue here because "[pjursuant to the Treaty of 1866 and the Thirteenth Amendment, the Cherokee Nation has no authority to treat its Freedmen citizens as anything less than full equals." Freedmen's Opp'n to Crittenden's Mot. Dismiss [Dkt. # 123] at 14. By raising this argument to eviscerate the Nation's claim of prejudice, the Freedmen are asking the Court to reach the merits of their claims against the Nation. This the Court cannot do. Indeed, the Tenth Circuit has squarely rejected a similar argum pelling claim of sovereign immunity" and finds that the Nation's interests would be prejudiced if the case were to proceed in its absence. Republic of Philippines, 553 U.S. at 869, 128 S.Ct. 2180; see also Citizen Potawatomi Nation v. Norton, 248 F.3d 993, 1001 (10th Cir.2001) (<HOLDING>) (quoting Davis, 192 F.3d at 960) (internal
Holding statements: (A) recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe (B) recognizing a strong presumption favoring arbitrability (C) holding that there is a strong policy favoring dismissal for nonjoinder due to tribal sovereign immunity but that rule 19b factors must still be considered (D) holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity (E) recognizing the strong policy favoring dismissal when a court cannot join a tribe because of sovereign immunity
answer:
(E)

question:
when a mortgage loan is discharged, satisfied; or recorded. On the other hand, the Plaintiffs contend that the Disputed Fees charged for attorney document preparation, satisfaction, recording and faxing fall squarely in the examples provided by the statute and regulation. The law regarding whether the provisions of RESPA apply beyond the inception of a mortgage is not settled in the Second Circuit. Under facts similar to this case, the Ninth Circuit Court of Appeals affirmed the dismissal of a complaint that alleged a RESPA violation for fees that were assessed at the time repayment of the loan was complete. Bloom v. Martin, 77 F.3d 318, 320 (9th Cir.1996); see also Greenwald v. First Fed. Sav. & Loan Ass'n, 446 F.Supp. 620, 625 (D.Mass.1978), aff'd, 591 F.2d 417 (1st Cir.1979) (<HOLDING>). This bright-line rule, limiting the scope of
Holding statements: (A) holding that a mortgage or modification of a mortgage is not a good or a service under the dtpa (B) holding that interest payments on escrow accounts are not a settlement practice under re spa because they can continue long after the closing of the mortgage transaction and which can continue to occur during the entire life of the mortgage (C) holding that foreclosure of prior mortgage extinguished second mortgage (D) holding that the note and the mortgage must coexist to give the mortgage validity (E) holding that the owner of an equitable interest in property in the form of a land contract can grant a mortgage on that interest under ohio law
answer:
(B)