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:
and, therefore, uninformed. We cannot agree. There is no statement of personal knowledge by the executrix stating whether Burnett consulted with legal counsel prior to executing the CSA or Guaranty. Plaintiff certified JTB, Inc. defaulted under the CSA and provided the documents supporting entry of judgment against it. JTB, Inc. never challenged the action or the relief sought. Proof of the Guaranty and its execution by Burnett was also provided to support judgment under the cognovit provision. Moreover, the Guaranty is clearly written and its waiver provisions are boldly identified, as is the confession of judgment clause. Importantly, plaintiffs action was based on the Guaranty, not the terms of its CSA with JTB, Inc. See Tam Enters., supra, 369 N.J.Super. at 59, 848 A.2d 27 (<HOLDING>). Further, the provision contains a succinct 
 Holding statements: (A) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment (B) holding a guarantee of a note that contains a cognovit provision alone is insufficient to permit confession of judgment against the guarantors (C) holding that notice of judgment was insufficient (D) holding that a confessed judgment was not enforceable against a corporate president who individually guaranteed payment of corporate note signed by him in his capacity as president and which authorized confession of judgment (E) holding that adverse inference alone insufficient to support a motion for summary judgment

Ex Output:
(B)


Ex Input:
Villafuerte, 502 F.3d 204, 207-08 (2d Cir.2007); see also United States v. Verkhoglyad, 516 F.3d 122, 128 (2d Cir.2008). In fact we identify no error in this case, plain or otherwise, because the district court’s statement that it had “look[ed] at the relevant conduct, what happened with the fellow you got $250,000 from,” and its statement that it had reviewed the Pre-sentence Report (“PSR”) and “adopt[ed] the factual information that’s contained” therein, are reasonably construed as an explicit adoption of the PSR’s detailed explanation for why Patterson’s conduct causing a $250,000 loss to a California victim was fraudulent and qualified as relevant to the crime of conviction pursuant to U.S.S.G. § IB 1.3(a)(2). See generally United States v. Carter, 489 F.3d 528, 539 (2d Cir.2007) (<HOLDING>). We further conclude that the adopted PSR 
 Holding statements: (A) holding district courts adoption of the presentence report constitutes sufficient findings (B) holding that factual findings set forth in the psi not objected to by a defendant are deemed admitted (C) holding that a district court satisfies its obligation to make factual findings when it explicitly adopts the factual findings set forth in the presentence report (D) holding that express adoption of factual findings in presentence report is sufficient (E) holding that this court will only set aside district courts factual findings when they are clearly erroneous

Ex Output:
(C)


Ex Input:
making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant’s advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was mentioned later during the trial. See United States v. Beckett, 706 F.2d 519, 520 (5th Cir.1983) (“Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor’s conduct, however, wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless.”); see also United States v. Bermea, 30 F.3d 1539, 1563-66 (5th Cir.1994) (<HOLDING>). This ground for a new trial, therefore, is 
 Holding statements: (A) holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify (B) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error (C) holding that prosecutors allegedly improper closing arguments regarding burden of proof defendants failure to testify and other allegations did not case serious doubt upon the correctness of the jury verdict or the fairness of the trial (D) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (E) holding that any potential prejudice regarding burdenshifting is diminished by the prosecutors statement that the burden of proof is the governments and the courts explicit instructions regarding the burden of proof in the jury charge

Ex Output:

(C)