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.

Q: individual has breached a duty of reasonable care. Bolick v. Sunbird Airlines, Inc., 96 N.C. App. 443, 386 S.E.2d 76 (1989), aff'd, 327 N.C. 464, 396 S.E.2d 323 (1990). Sudden emergency does not change or reduce the standard of reasonable care. It is simply one of the factors to be considered in determining whether a person acted reasonably under the circumstances. Id. The sudden emergency doctrine permits the court to call to the attention of the jury that an emergency faced by the actor may influence its determination of whether specific conduct was reasonable under the circumstances. The doctrine of sudden emergency is not a legal defense which operates to bar an action. Id. But cf. Hinson v. Brown, 80 N.C. App. 661, 343 S.E.2d 284, rev. denied, 318 N.C. 282, 348 S.E.2d 138 (1986) (<HOLDING>). External forces that have been found to 
 Holding statements: (A) holding that trial court erred by instructing jury regarding sudden emergency (B) holding that sudden emergency is an affirmative defense which must be specifically plead (C) recognizing that mitigation of damages is an affirmative defense a party must plead and prove (D) holding that a claim of exemption is an affirmative defense which must be specifically pleaded (E) holding that to avoid an affirmative defense  a plaintiff must plead specifically matters of affirmative avoidance pursuant to rule 5508

A: holding that trial court erred by instructing jury regarding sudden emergency
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Q: 593, 598 (4th Cir.), cert. denied, — U.S. -, 117 S.Ct. 1, 135 L.Ed.2d 1098 (1996), and of mixed questions of law and fact, see Miller v. Fenton, 474 U.S. 104, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985). However, the state court’s factual findings underlying those determinations are presumed to be correct and binding, as long as they were made after a full, fair, and adequate hearing on the merits. See 28 U.S.C.A. § 2254(d) (West 1994) (pre-AED-PA); see also Sumner v. Mata, 449 U.S. 539, 546-47, 101 S.Ct. 764, 768-69, 66 L.Ed.2d 722 (1981). The habeas petitioner bears the burden of es ing that the findings of the trial court on discriminatory intent in Batson challenge are reviewed for clear error); Dayton Bd. of Educ. v. Brinkman, 443 U.S. 526, 534, 99 S.Ct. 2971, 2977, 61 L.Ed.2d 720 (1979) (<HOLDING>); Jones v. Plaster, 57 F.3d 417, 421 (4th 
 Holding statements: (A) holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard (B) holding that the question of causation in a prima facie case of retaliation brought under general statutes  46a60 is factual in nature and thereby subject to the clearly erroneous standard of review (C) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (D) holding that pretext is subject to the clearly erroneous standard (E) holding that a finding of accommodation is reviewed under the clearly erroneous standard of review instead of under a de novo standard

A: holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard
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Q: court costs shall not be assessed under certain circumstances in obtaining the return of certain seized or withheld property; and making certain technical correction to the language and style of expressions of certain provisions of the Annotated Code of Maryland.” House of Delegates Bill 902, 1976 regular session of the General Assembly, by the House of Delegates Judicial Proceedings Committee, at 1 (emphasis and alterations in original). This amendment declined to impose court costs on the petitioner if the court "restored” the property "from whom it was taken.” Again, there is no indication that the General Assembly intended to create a private right of action for damages to property resulting from a search and seizure. 5 . Section 306 provided: " 'If, at any time, on a 467 (1991) 
 Holding statements: (A) holding complaint sufficiently pleaded malice where it contained allegations that a police officer unprovoked and without cause while in civilian clothes and without identifying himself threw a rock hitting the side of plaintiffs automobile and that the defendant grabbed mr sawyer and wrestled him to the ground grabbed him by the hair and began hitting him in the face and said that he was going to kill sawyer  (B) holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station (C) holding that defendant had the right to refuse to answer questions put to him by police officer who had called him (D) holding that an officer intentionally hitting the plaintiffs head into the top of the police car as the plaintiff was being placed in the police car could be excessive force (E) holding that a police officers tackling of a handcuffed suspect hitting him in the face twice and banging his head on the floor three times was unconstitutional

A:
holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station
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