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: case because in Revenue Cabinet, as here, the sales tax statute did not impose a test for passage of title, and an administrative rule did impose a test for passage of title. Id. at 738-39. Here, Hales makes no claim that the impermanence of its materials results in a generally understood, implicit agreement to pass title at some point before delivery. Moreover, our statute requires an explicit agreement on passage of title before the statutory presumption can be rebutted; there is no obvious provision in this statute for an implicit understanding, which the Kentucky court thought sufficient. Consequently, the facts of Revenue Cabinet are inapposite and its result is inapplicable to the case at bar. See also Kurtz Concrete, Inc. v. Spradling, 560 S.W.2d 858, 862 (Mo.1978) (en banc) (<HOLDING>). We hold that the Commission applied the
Holding statements: (A) holding that title insurer not in business of supplying information in issuing either title commitment or policy of title insurance for purposes of exception to moorman prohi bition against recovery of economic losses in tort further holding that contract defines title insurers liability (B) holding that title passes on mixture of readymix concrete because of usage of trade (C) recognizing that most other courts apply title vii principles to title ix cases but refusing to apply title viis knew or should have known standard to a title ix claim (D) holding in a slander of title action that attorneys fees are recoverable as part of the costs of removing the cloud from the title (E) holding that void deed is neither title nor color of title

Answer: (B)

Question: v. Washington, 466 U.S. 668, 686, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). 35 . Id. at 694, 104 S.Ct. 2052. 36 . Id. at 689, 104 S.Ct. 2052. 37 . Kimmelman v. Monison, 477 U.S. 365, 381, 106 S.Ct. 2574, 91 L.Ed.2d 305 (1986) (quoting Strickland, 466 U.S. at 689, 104 S.Ct. 2052). 38 . Strickland, 466 U.S. at 694, 104 S.Ct. 2052. 39 . The Court notes that the state standard for determining ineffectiveness of counsel applied by the state parallels the federal standard as stated in Strickland. See Baker v. State, 243 Kan. 1, 755 P.2d 493 (1988); Chamberlain v. State, 236 Kan. 650, 694 P.2d 468 (1985). 40 . Jones v. Barnes, 463 U.S. 745, 751-52, 103 S.Ct. 3308, 77 L.Ed.2d 987 (1983). 41 . Id. at 753, 103 S.Ct. 3308. 42 .Id. at 754, 103 S.Ct. 3308. 43 . Id. at 752, 103 S.Ct. 3308 ("Legal 2005) (<HOLDING>). 46 . Moreover, the Court finds no error in
Holding statements: (A) holding that counsel was not deficient for failing to make an objection that lacked merit (B) holding that failure to object to properly admitted evidence was not deficient performance by trial counsel (C) holding counsel deficient because she could have had no reasonable basis for not objecting to certain inadmissible evidence despite no evidence of counsels strategy (D) holding that counsel was not deficient in failing to present a meritless argument (E) holding counsel was not deficient in not objecting to testimony that was permissible within state rules of evidence

Answer: (E)

Question: of that order pursuant to Rule 62(b) of the Federal Rules of Civil Procedure. That rule provides: In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to Rule 59, or of a motion for relief from a judgment or order made pursuant to Rule 60, or of a motion for judgment in accordance with a motion for a directed verdict made pursuant to Rule 50, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b). Fed. R. Civ. Pro. 62(b); see also for example Joy Technologies, Inc., A/S Niro Atomizer v. Flakt, Inc., 1992 WL 188814 (D.Del.1992) (<HOLDING>), reversed on other grounds, 6 F.3d 770 (Fed.
Holding statements: (A) holding that once a plaintiff has met its burden in showing that an injunction is necessary no delay in the issuance of that injunction is appropriate absent extraordinary considerations here there are no extraordinary circumstances or considerations only the relatively standard posttrial motions (B) holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice (C) holding in review of a downward departure that an extraordinary reduction must be supported by extraordinary circumstances (D) holding that an injunction is an extraordinary remedy (E) holding that an accounting is an extraordinary remedy

Answer:
(A)