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:
voters of the political subdivision or subdivisions whose combined territory composes the territory of a district shall be qualified voters of the district. The nomination and election shall be by separate nonpartisan ballot. The term of each member of the board thus elected shall be six years and until his successor is elected and qualified. (Emphasis added.) No definition of a “qualified voter” is provided in SDCL Chapter 49-36. Thus, we must turn to the definition of “voter” as provided under SDCL Title 12, and the South Dakota Constitution as to what qualifies a person as a “voter” within the meaning of Chapter 49-36. See SDCL 12-1-1. [¶44.] Our state affords great protection to a citizen’s voting franchise. SD Const, art. 6, § 19; Duffy v. Mortenson, 497 N.W.2d 437, 439 (S.D.1993) (<HOLDING>). A court must strictly adhere to the 
 Holding statements: (A) holding that a fair referendum assuring the equal right to vote under  101a1 includes the right of members to have the vote scheduled at a time when they can exercise their vote and the right to be free from intimidation or fear of reprisal (B) holding constitutional a tax on a private citizens interest in housing on government property received as part of the private citizens compensation (C) holding it is not the policy of the state of south dakota to disenfranchise its citizens of their constitutional right to vote (D) recognizing that state agencies which are independent of the state are citizens of the state (E) holding that the right to vote is fundamental
answer:
(C)


question:
of the property. See C.R.E. 602; C.R.E. 701. However, there is no evidence in the record which establishes that Pomeranz ever paid a bill relating to the maintenance of the property or that he was personally responsible for any aspect of the maintenance because McDonald’s had been responsible for the payments for the past fifteen years. Because no adequate evidentiary foundation was laid for Pomeranz’s estimation of maintenance expenses on the property, it is impossible, absent pure speculation, to ascertain from the record how Pomeranz obtained the $4,800 estimation. The trial court's factual findings relating to future maintenance expenses are not sustained by either competent or adequate evidence and are therefore clearly erroneous. See Anderson, 170 Colo. at 13, 458 P.2d at 758 (<HOLDING>). The evidence presented by the petitioners on 
 Holding statements: (A) holding because defendant does not argue in his brief that these findings of fact are not supported by    evidence in the record this court is bound by the trial courts findings of fact (B) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence (E) holding that where the original drug quantity determination is not specific enough for the district court to determine whether it has the authority to reduce a defendants sentence under  3582c2 that court may make new findings of fact that are supported by the record and are not inconsistent with the findings made in the original sentencing proceedings
answer:
(D)


question:
is supported by the weight of authority from other states. Com. v. Dent, 992 A.2d 190, 192 (Pa. Super. 2010), is the most recent and definitive case on the issue. In Dent, the Pennsylvania court was confronted with this question in the specific context of Texas Hold’Em. The court applied the predominate-factor test. 992 A.2d at 192-93. After reviewing the existing case law on whether poker was a game of chance or skill, the court found that “while the outcome of poker may be dependent on skill to some degree, it is predominately a game of chance. . . . [While] skill can determine die outcome in a poker game, players are still subject to defeat at the turn of the cards.” 992 A.2d at 196. See also Plato’s Cave Corp. v. State Liquor Authority, 115 App. Div. 2d 426, 496 N.Y.S.2d 436 (1985) (<HOLDING>). In Joker Club, L.L.C. v. Hardin, 183 N.C. 
 Holding statements: (A) holding that deference to the guidelines depends on the thoroughness of the commissions analysis and the validity of its reasoning (B) holding that the outcome of the case could have been different if the trial court had imposed the appropriate burden (C) holding that the outcome depends materially on the draw of the cards (D) holding that the inquiry into whether an employee was acting within the scope of his employment depends on the respondeat superior law of the state in which the tort occurred (E) holding that a predominance finding depends on a courts choice of law analysis
answer:

(C)


