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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: hard at Whirlpool, that is not a mitigating factor. Those are things that we are expected to do, all of us. We are expected to work hard at our jobs. We are expected to be involved in our children’s lives. We are expected to be civil to the people that we work and live around. Those aren’t mitigating factor[s]. Those are what every single human being should do. The Defendant is asking for extra credit because he did it sometimes. Appellant argues that these statements misled the jury because Arkansas neither defines nor limits mitigation by statute. And, in fact, he points to decisions by this court wherein the court has held that there is no requirement that the mitigating circumstances reduce culpability for the offense. See Pickens v. State, 292 Ark. 362, 730 S.W.2d 230 (1987) (<HOLDING>). He asserts that the prosecutor’s remarks 
 Holding statements: (A) holding that a sentencer may not refuse to consider as a matter of law any relevant mitigating evidence (B) holding that sentencing scheme that permitted a limited range of mitigating evidence was unconstitutional because the eighth and fourteenth amendments require that the sentencer  not be precluded from considering as a mitigating factor any aspect of a defendants character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death (C) holding that any relevant mitigating evidence concerning a defendants character should not be excluded (D) holding that relevant evidence supporting a defendants theory of defense should not be excluded unless no other remedy suffices (E) holding that a trial court must not preclude the jury from considering any aspect of the defendants character or circumstances as a mitigating factor
[EX A]: holding that a sentencer may not refuse to consider as a matter of law any relevant mitigating evidence

[EX Q]: Covenant Media of South Carolina, LLC v. City of North Charleston, 493 F.3d 421 (4th Cir.2007) (city regulation was revised during the litigation to include a time limit for reviewing permits; however the court still found standing because Covenant had suffered an injury by the City’s application of the original unconstitutional ordinance that is redressable at least by nominal damages); Boulder Sign Co. v. City of Boulder City, Nevada, 281 Fed.Appx. 701 (9th Cir.2008) (City passed an ordinance banning all billboards while sign company was challenging size restrictions of the original ordinance; court found no standing because sign company’s alleged injury cannot be redressed by a favorable decision.); Coral Springs St. Sys. v. City of Sunrise, 371 F.3d 1320 (11th Cir.2004) (<HOLDING>); Granite State Outdoor Adven, Inc. v. 
 Holding statements: (A) recognizing that the zoning code of a homerule city is a legislative enactment (B) recognizing that code is speech (C) recognizing that source code is speech but not reaching the object code issue (D) holding that the challenge to the sign code is moot because the original code was repealed and superseded and there was no reasonable likelihood the city would reenact the old code (E) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law
[EX A]: recognizing that the zoning code of a homerule city is a legislative enactment

[EX Q]: Gresh, 311 Fed.Appx. at 771 (noting that “ordinary business relationships” conducted at arm’s length do not rise to the level of a fiduciary relationship); Quadrille Bus. Sys. v. Ky. Cattlemen’s Ass’n, 242 S.W.3d 359, 365 (Ky.Ct.App.2007) (“An ordinary business relationship or an agreement reached through arm’s length transactions cannot be turned into a fiduciary one absent factors of mutual knowledge of confidentiality or the undue exercise of power or influence.” (quotation marks and citation omitted)). Additionally, while “fiduciary relationships can be informal, [] they must evidence circumstances showing both parties agreed that one party would be acting in the interest of the other.” In re Sallee, 286 F.3d at 893; see also Abney v. Amgen, Inc., 443 F.3d 540, 550 (6th Cir.2006) (<HOLDING>) (emphasis added). Kentucky courts have found 
 Holding statements: (A) holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold (B) holding that because there was no factual dispute between the parties the presumption of correctness is not relevant (C) holding that no fiduciary duty existed between the plaintiff and defendant because there was no evidence that the parties agreed that defendant would be acting primarily for the benefit of the plaintiffs (D) holding there was no evidence to support the existence of any alleged fiduciary duty (E) holding that a defendant owed no duty to a plaintiff with regard to the safekeeping of evidence because there was no promise by the defendant or its employees to inspect or safeguard the evidence for the plaintiffs benefit and destruction of physical evidence was not criminal because destruction was innocent and designed to ensure the safety of the defendants employees
[EX A]:
holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold