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]: added). Plaintiffs point out, correctly, that beneficial use is an evolving and dynamic requirement of federal and state law. See Joslin v. Marin Mun. Water Dist., 67 Cal.2d 132, 140, 60 Cal.Rptr. 377, 429 P.2d 889 (1967) (While “what is a reasonable use of water depends on the circumstances of each case, such an inquiry cannot be resolved in vacuo isolated from statewide considerations of transcendent importance.”). Section 8 of the Reclamation Act of 1902 requires that all water provided pursuant to the Act be put to “beneficial use,” as defined by state law. 43 U.S.C. §§ 372, 383; California v. United States, 438 U.S. 645, 665-67, 98 S.Ct. 2985, 57 L.Ed.2d 1018 (1978); see also City of Barstow v. Mojave Water Agency, 23 Cal.4th 1224, 1242, 99 Cal.Rptr.2d 294, 5 P.3d 853 (2000) (<HOLDING>); United States v. Alpine Land & Reservoir Co., 
 Holding statements: (A) holding that article x  2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially (B) holding that mandamus was appropriate to require the director to deliver the full decreed water rights of a water right holder (C) holding that the montana constitution protects water rights against unreasonable state action  (D) holding substantial completion had occurred because water district took possession of all the lines filled them with water and began using them to serve the customers of the water district (E) recognizing that water rights constitute a real property interest
[A]: (A)


[Q]: have pleaded that the 2007 Agreement was terminated, and the Court is required to accept that fact as true at this stage of the litigation. Therefore the continued use of Plaintiffs’ trademarks by Defendant as alleged would be without the benefit of a license. Accordingly, Defendant’s motion to dismiss the trademark infringement claim is DENIED. C. Breach of Contract Plaintiffs claim that Big Time Toys breached the parties’ contracts when it failed to cure its default on the royalty payments. Am. Compl. ¶ 88. As an initial matter, the continued use of a licensed trademark after termination of a license agreement can be actionable as both breach of contract and trademark infringement. See, e.g., Baskin-Robbins Ice Cream Co. v. D & L Ice Cream Co., 576 F.Supp. 1055, 1060 (E.D.N.Y.1983) (<HOLDING>); Ryan v. Volpone Stamp Co., 107 F.Supp.2d 369, 
 Holding statements: (A) holding that contributory trademark infringement requires some predicate act of infringement (B) holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising (C) holding that proof of unauthorized use of an original trademark by one whose license to use the trademark had been terminated is sufficient to establish the likelihood of confusion prong (D) holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract (E) holding that continued use of trademark after termination of franchise for nonpayment of royalties constitutes lanham act violation
[A]: (D)


[Q]: 966 So.2d 319, 326 (Fla.2007) (quoting § 921.137(1), Fla. Stat. (2005)). See § 921.137(1), Fla. Stat. (2008); Fla. R.Crim. P. 3.203(b) (effective Oct. 1, 2004). 10 . Arnold testified that he was experienced in trying capital cases but because he won the guilt phase portions of all the capital cases he tried, except one, he had only handled one prior penalty phase proceeding. 11 . Dr. McClain also administered the Miller Forensic Assessment of Symptoms test, the Trailmaking test, The State Trait Anger Expression Inventory-2 test, the Controlled Oral Word Association test, the Rey Complex Figure test, the Rey Auditory Verbal Learning test, and the Rey 15 Item test. She interviewed Hurst's mother and father, as well as his sister. 12 . Spencer v. State, 615 So.2d 688, 691 (Fla.1993) 
 Holding statements: (A) holding that the judge must allow the attorneys the opportunity to be heard on an initial 3850 motion in a capital case for the purpose of determining whether an evidentiary hearing is required and to hear legal argument relating to the motion (B) holding that a trial courts refusal to allow the defendant to attend the jury view was not prejudicial (C) holding that it was within the trial courts discretion to refuse any additional discovery and that the courts refusal to allow additional discovery was not an abuse of discretion (D) holding that the trial court should conduct a hearing to allow the parties to be heard including the defendant in person and to allow presentation of additional evidence before sentencing (E) holding trial court did not abuse its discretion in denying a continuance to allow defendant to present mitigating evidence in the form of letters and affidavits from family members when they were not requested until the day before the hearing
[A]:
(D)


