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.

Input: Consider Input: )4 mile away. Fifth, also at this time, a vehicle registered to Nelson pulled in and parked next to Miller’s car. Sixth, the note at the boat ramp informed Kaplan that he was being watched. Seventh, Miller and Nelson both left the lake at the same time Kaplan left. Eighth, Nelson arrived at the same McDonald’s immediately after Kaplan arrived. Ninth, a passenger from Nelson’s car approached Kaplan’s vehicle and peered into Kaplan’s vehicle from a distance of 10 feet away. Tenth, Nelson drove home from the McDonald’s using what would normally be described as counter-surveillance techniques. Finally, Miller changed his story as to why he was at the lake that day at that time. See Iannelli v. United States, 420 U.S. 770, 777 n. 10, 95 S.Ct. 1284, 1289-90, 43 L.Ed.2d 616 (1975) (<HOLDING>); United States v. Penagos, 823 F.2d 346, 348 
 Holding statements: (A) holding that an agreement may be inferred entirely from circumstantial evidence (B) holding that the conspiratorial agreement may be proved by circumstantial evidence including the acts and conduct of the coconspirators and the inferences that may be drawn from their acts (C) holding that intent and knowledge can be proved by circumstantial evidence (D) recognizing that identity of a substance as cocaine may be proved by circumstantial evidence (E) holding that there was no evidence or inferences to be drawn from the evidence to support the damage award

Output: (B)


Input: Consider Input: and the weapons charge, for which he was sentenced to a concurrent term of five years’ imprisonment. Jackson appealed to this court. LAW/ANALYSIS I. Exclusion of Evidence Jackson argues the trial court erred in excluding his testimony about his personal knowledge of Felder’s violent history. We disagree. The admission or exclusion of evidence is a matter within the trial court’s sound discretion, and an appellate court may only disturb a ruling admitting or excluding evidence upon a showing of a manifest abuse of discretion accompanied by probable prejudice. State v. Douglas, 369 S.C. 424, 429, 632 S.E.2d 845, 847-48 (2006). Generally, the failure to make a proffer of excluded evidence will preclude review on appeal. State v. Santiago, 370 S.C. 153, 163, 634 S.E.2d 23, 29 (Ct.App.2006) (<HOLDING>). Where no proffer of excluded testimony is 
 Holding statements: (A) holding that objection to testimony at trial on grounds that testimony was irrelevant highly prejudicial and below the threshold requirement of admissibility does not preserve appellate challenge that testimony constitutes inadmissi ble victimimpact testimony (B) holding the excluded testimony was relevant to whether a signature was that of a deceased party and since a statement regarding the issue was the only testimony that could be given by the witness no offer to prove was necessary because the substance of the evidence was apparent from the context of the question asked (C) holding that we could not weigh the prejudice suffered as a result of the exclusion of plaintiffs testimony because we had no way of knowing what the plaintiffs testimony would have been (D) holding a proffer of testimony is required to preserve the issue of whether testimony was properly excluded by the trial judge and an appellate court will not consider error alleged in the exclusion of testimony unless the record on appeal shows fairly what the excluded testimony would have been (E) holding that the trial courts statement it would deny the defendants request to make a bill at this time did not discharge the appellants duty to proffer the excluded testimony for preservation of error

Output: (D)


Input: Consider Input: did wrong, and when. The target is not required to play a guessing game in that respect.”). Once Defendants cured the specific problems identified in Plaintiffs’ Notice, if Plaintiffs believed that Defendants remained in violation and wanted to motivate Defendants to change their conduct with the possibility of a citizen suit, Plaintiffs needed to provide Defendants’ with another notice, one with sufficient information to address the problems that would eventually be the subject of a federal lawsuit. The Court rejects the idea it is foisting an impossible burden on Plaintiffs by requiring that this suit be supported by a notice containing details not available at the time of the first (and only) Notice. That Notice was good, but just not for the claims Plaint 1137, 1144 (9th Cir.2002) (<HOLDING>). B. State Law Claims (Counts II-IV). 
 Holding statements: (A) holding that some of the claims raised in the plaintiffs complaint were not properly raised in its 60day citizen suit notice thus the district court correctly held that it lacked subject matter jurisdiction over those claims (B) holding that a district court may impose sanctions for abuse of judicial process pursuant to rule 11 even after it is determined that the court lacked subject matter jurisdiction over the plaintiffs claims (C) holding that the federal claims which arose from state court criminal contempt proceedings were inextricably intertwined with the state court action and thus the federal district court lacked subject matter jurisdiction over the claims pursuant to the rookerfeldman doctrine (D) holding that the court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute (E) holding that the district court was not divested of subject matter jurisdiction upon the dismissal of the plaintiffs federal claims


Output: (A)