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.

Ex Input:
be ascertained from the creating instrument, the permissible uses of an easement acquired by prescription are necessarily defined by the use of the servient land during the prescriptive period.”). In French, plaintiffs acquired a prescriptive right of user over a roadway for certain discrete purposes based on their past use of the property. We concluded that plaintiffs were not entitled to make a different use of the roadway because it would increase the burden on the servient estate and it would extend the right acquired by plaintiffs’ prior use of the property. French, 135 Vt. at 80, 369 A.2d at 1388. Thus, French does not support plaintiffs’ assertion that the reasonable use of the right>of-way at issue here depends on its historical use. Cf. Nelson, 113 Vt. at 172, 32 A.2d at 146 (<HOLDING>). Moreover, as previously discussed, we agree 
 Holding statements: (A) recognizing that an easement may entitle the easement owner to do acts which were not for the easement would constitute a nuisance (B) holding that one who possesses deeded easement need not use the easement to maintain his title and easement cannot be extinguished from nonuser alone (C) recognizing that where a grantee has an easement which he shares with others his duty to repair and maintain it must be apportioned with all other easement holders based upon the extent of the individuals use of the easement (D) holding that an easement agreement and an unrecorded easement plan created an easement (E) recognizing that one cannot have an easement in his own land

Ex Output:
(B)


Ex Input:
that he was on S.L.’s property, and he admitted that he took cigarettes and a lighter from the patio table. According to the recorded statement that Andrus gave to Detective Le-wállen, after' entering S.L.’s garage, An-drus changed his mind about being on S.L.’s property and decided to leave. The evidence at trial shows that Andrus did not have permission to be on the property or in S.L.’s garage or breezeway. Given the circumstances proven by the evidence admitted during Andrus’s trial, the jury could have reasonably inferred from the evidence that Andrus, when entering the garage or breezeway, intended to commit theft under a standard of beyond reasonable doubt even if he later changed his mind - about committing a crime. See Mauldin v. State, 628 S.W.2d 793, 795 (Tex.Crim.App.1982) (<HOLDING>); Solis v. State, 589 S.W.2d 444, 446 
 Holding statements: (A) holding defendants plea to indictment alleging 8000 theft was not an admission to the theft amount (B) holding that against her will in the rape statute means without her consent and that the fact that the victim was under the age of consent was sufficient to establish that element (C) holding that the defendants entry into the building having been made in the nighttime without the consent of the owner is sufficient to show an intent to commit theft (D) holding that the plaintiff must show felonious intent to commit theft in order to establish a violation of section 8120141 (E) holding that the consent of the driver was invalid when the officer knew that the passenger was the owner of the automobile

Ex Output:
(C)


Ex Input:
Inc., 299 F.Supp.2d 1307, 1321 (S.D.Fla.2004). First, the PSLRA altered Rule 9(b)’s particularity requirement by mandating the following: [T]he complaint shall specify each statement alleged to have been misleading, the reason or reasons why the statement is misleading, and, if an allegation regarding the statement or omission is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed. 15 U.S.C. § 78u-4(b)(l)(B). Thus, the PSLRA requires greater specificity than Rule 9(b). Druskin, 299 F.Supp.2d at 1321. Second, the PSLRA raised the standard for pleading scienter by making it clear that a plaintiff can no longer plead scienter generally. In order to properly allege scienter, the plaintiff m 2 n. 2 (11th Cir.1999) (<HOLDING>). Additionally, the Eleventh Circuit has 
 Holding statements: (A) recognizing defense in securities case (B) recognizing doctrine (C) holding that morrison precludes securities claims brought by us investors who purchase securities on a foreign exchange even where those securities are also listed on a us exchange (D) holding the doctrine applied in a case of mistake (E) recognizing the incorporation by reference doctrine in a securities case

Ex Output:

(E)


