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.

Example Input: supervising, or otherwise controlling the agent” in addition to any vicarious liability that may be imposed via the agent’s actions. We hold that plaintiffs under the ICRA may proceed against the employer on either a direct negligence or vicarious liability theory for supervisor harassment in a hostile-work-environment case. The Faragher-Ellerth affirmative defense, with the burden of proof on the employer, applies only to claims of vicarious liability. Ellerth, 524 U.S. at 764, 118 S.Ct. at 2270 (adopting affirmative defense “in order to accommodate the agency principle of vicarious liability for harm caused by misuse of supervisory authority” (emphasis added)); accord Faragher, 524 U.S. at 807, 118 S.Ct. at 2292; see also Johnson v. Shinseki, 811 F.Supp.2d 336, 348 n.2 (D.D.C. 2011) (<HOLDING>); Swinton v. Potomac Corp., 270 F.3d 794, 803 
 Holding statements: (A) holding that the victims negligence is not a defense to criminal conduct (B) holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied (C) holding because the court applied the negligence standard the faragher defense is inapplicable (D) holding that equitable defense of laches is inapplicable to claims of fraud (E) holding that even though the court does not usually apply the clearly erroneous standard to mixed questions of fact and law this standard is properly applied to the materiality issue
Example Output: holding that the victims negligence is not a defense to criminal conduct

Example Input: that subsequent extraneous offenses are admissible to show a defendant’s intent as to an earlier offense. See U.S. v. Germosen, 139 F.3d 120, 128 (2nd Cir.1998) (upholding admission of subsequent act under Federal Rule of Evidence 404(b) to show intent regarding charged offense and holding, “[t]he fact that the evidence involved a subsequent rather than prior act is of no moment”); U.S. v. Latney, 108 F.3d 1446, 1449 (D.C.Cir.) (construing Federal Rule of Evidence 404(b) and holding that it “draws no distinction b Austin 1990, no pet.) (same). Accordingly, we hold that the trial court did not abuse its discretion by rejecting Russell’s contention that the Vogt Street offense was not admissible simply because it occurred after the Fast Freddy’s offense. Cf. Montgomery, 810 S.W.2d at 380 (<HOLDING>). Although, based on the authorities cited by 
 Holding statements: (A) holding that the grant of an injunction is reviewed for abuse of discretion but without deference to the legal conclusions of the trial court (B) recognizing that an appellate court reviews a trial courts decision whether or not to grant equitable relief only for an abuse of discretion (C) holding failure to exercise discretion is abuse of discretion (D) holding not an abuse of discretion to deny funds (E) recognizing that an abuse of discretion occurs when the trial court acts without reference to any guiding principles or rules
Example Output: holding that the grant of an injunction is reviewed for abuse of discretion but without deference to the legal conclusions of the trial court

Example Input: of the use of the land [were] restricted to a small, select number” of individuals chosen by the foundation for “their own reasons,” the property was not being put to a “public use.” Id. ¶ 12. The same holds true here. Those who seek to benefit from the use of VSC’s property must file an application, and VSC exercises sole discretion in determining who qualifies. The fact that the application process is open “to the entire world” is of no moment. Certainly, the same can be said for the applicants in Vermont Wild Land. What is significant is the existence of VSC’s screening process and the restrictions it imposes on those who can benefit from the primary use of the property. This is the hallmark of a “private” as opposed to a “public” use. See Sigler, 174 Vt. at 134, 807 A.2d at 447 (<HOLDING>). VSC’s beneficiaries share a proficiency in 
 Holding statements: (A) recognizing that a limited liability company has the citizenship of its membership (B) holding that the doctrine of equitable estoppel does not apply fully against the government because the possibility of harm to a private party is often if not always grossly outweighed by the public interest in enforcement of congressionally mandated public policy (C) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (D) recognizing that leased property is exempt from taxation where the lessee uses it for a public purpose (E) recognizing that unlike public uses private uses of property are characterized by the benefits bestowed on a particular and most often limited sector of the public usually distinguishable by certain characteristics or membership
Example Output:
recognizing that a limited liability company has the citizenship of its membership