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: constructive, or judicially imposed lien, or (4) asserted against real or personal property. See Tex. Gov't Code Ann. 51.903; Cardenas v. Wilson, 428 S.W.3d 130, 132 (Tex. App.Houston [1st Dist.] 2014, no pet.) (noting that 51.903 inquiry into mechanic's lien determines only that mechanic's lien is provided by Texas law, not whether the underlying mechanic's lien was valid). If the motion requires greater inquiry, then it is a motion for declaratory judgment. See Tex. Civ. Prac. & Rem. Code Ann. 37.004(a) (West 2015); State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex. 1980) ("We look to the substance of a plea for relief to determine the nature of the pleading, not merely at the form of title given to it."); Nguyen, 2016 WL 2343893, at *2 (citing Becker, 2010 WL 877569, at *2-3 (<HOLDING>)). A motion for declaratory judgment must be
Holding statements: (A) holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion (B) holding motion requesting more relief than section 51903 provides was motion for declaratory judgment (C) holding that motion accepting judgment but requesting findings of fact and conclusions of law was not directed against the judgment (D) holding that substance of motion to extend time was a section 1301f motion rather than a section 1301g motion and that trial court did not abuse discretion in denying the section 1301f motion (E) holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable

A: (B)
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Q: Id. The district court excluded this portion of the expert's testimony. Id. at 1397. Relying on Downing, the Third Circuit reversed. Id. at 1401. We agree that expert testimony on eyewitness identification may properly be admitted under Daubert in certain circumstances, but Stevens simply does not persuade us that the district court abused its discretion in the instant case. We note that here there were five eyewitness identifica tions, not one. Likewise, as counsel for the government pointed out at argument, there was also testimony that Mr. Smith changed his alibi. In this admittedly close case, we hold only that the district court did not abuse its discretion in excluding the testimony under the circumstances. See United States v. Blade, 811 F.2d 461, 465 (8th Cir.1987) (<HOLDING>); United States v. Smith, 736 F.2d 1103,
Holding statements: (A) holding admissible expert testimony concerning factors that may impair eyewitness identification and rejecting that concerning a particular eyewitness credibility and the statistical probability of eyewitness misidentification (B) holding no abuse of discretion to exclude expert eyewitness identification testimony where governments case relied on more than eyewitness identification (C) holding that the trial court did not err by failing to instruct the jury to consider certain additional factors in evaluating the validity of eyewitness identification testimony (D) holding that a specific instruction was unnecessary because eyewitness was crossexamined and the eyewitness testimony was discussed in defense counsels opening statement (E) holding exclusion of expert eyewitness identification testimony harmless error where governments case included three separate eyewitnesses and a palm print that discredited the defendants alibi

A: (B)
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Q: such withholding); In re Kuykendall, 957 S.W.2d 907, 911 (Tex.App.-Texarkana 1997, no pet.) (concluding that the former ten-year time limitation was on the trial court's jurisdiction and therefore did not afford the obligor a vest ed right); Wilbanks, 722 S.W.2d at 223-24 (affirming contempt judgment entered within six months after child turned eighteen, when child's eighteenth birthday had occurred before effective date of statute extending contempt jurisdiction beyond child's majority); Harrison v. Cox, 524 S.W.2d 387, 391-92 (Tex.Civ.App.-Fort Worth 1975, wilt ref'd n.r.e.) (affirming arrearage judgment including payments due before effective date of statute authorizing cumulative judgments); cf. In re M.J.Z., 874 S.W.2d 724, 726 (Tex.App.Houston [1st Dist.] 1994, no writ) (<HOLDING>); In re C.L.C., 760 S.W.2d 790, 792
Holding statements: (A) holding that unlike subject matter jurisdiction personal jurisdiction may be waived (B) holding that a defendant that invokes the jurisdiction of a court as a plaintiff waives its personal jurisdiction defense in all actions related to the claim for which it invoked the courts jurisdiction (C) recognizing that personal jurisdiction of federal courts of course may be grounded in state longarm or other jurisdiction statutes in civil rico cases (D) holding that former section 1441b defined the courts jurisdiction not the personal rights of obligor or obligee (E) holding that section 1406a grants district courts power to transfer cases even where personal jurisdiction is lacking

A:
(D)
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