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 Input:
to her knowledge and lack of mistake. So that goes specifically to the case-the State's ability to enter this in its case in chief. ... [T}he prejudice just simply is not extensive at all. The only prejudice that goes to Ms. Downs is that she possessed an ... unlawful controlled substance. 13 We hold that the trial court did not exceed its broad discretion in admitting the evidence for three reasons. First, the evidence at issue is not the type of evidence that Utah courts "have previously deemed highly prejudicial." See State v. Johnso (Utah 1998) ("[Gruesome photographs of a homicide victim's corpse will unfairly prejudice and inflame the jury and therefore require the proponent to show that they have unusual probative value."), and State v. Dibello, 780 P.2d 1221, 1230 (Utah 1989) (<HOLDING>). Because the evidence at issue is "not the 
 Holding statements: (A) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine (B) holding that allegations that employees supervisors yelled at her told her she was a poor manager and gave her poor evaluations chastised her in front of customers and once required her to work with an injured back were insufficient to state title vii claim (C) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (D) holding that the gruesome portion of the videotapeshowing closeup shots of the victims stab wounds in her chest her slit throat and her beaten face as well as her bloodcovered neck shoulders and blouseshould have been excluded under rule 408 (E) holding that relative to the threat that she posed physically separating tina cortez from her telephone taking her by the arm  escorting her from her home taking the keys to her home and locking the door and  placing her in the locked back seat of a patrol car was excessive force as well as an unlawful seizure under the fourth amendment

Ex Output:
holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine


Ex Input:
with the Federal Energy Regulatory Commission and learned that the federal license "will not change upon renewal." 4 . The position statement included an Administrator's Memorandum, dated June 19, 1986, indicating how regional offices should handle approval of permits for hydropower purposes. The memorandum indicates that when dealing with a hydropower application coming within FERC jurisdiction, departmental staff need to be aware of FERC licensing conditions for the facility in question. An attachment to the memorandum shows standard conditions of approval for a state water rights permit and the language of one of such conditions is that which was incorporated into the license at issue in this case. The memorandum notes that an applicant "can request Department action on 0-41 (1969) (<HOLDING>). 7 . It was also after the enactment of I.C. § 
 Holding statements: (A) holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use (B) holding that until the state issues a certificate of appropriation any right to use the water remains inchoate (C) holding that a water right is a property right created by a person appropriating unappropriated water and applying it to a beneficial use (D) holding that the legislative assembly intended the water right certificate not the permit even when followed by a beneficial use to mark the point at which a water right becomes vested (E) recognizing the right to use water to generate power

Ex Output:
holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use


Ex Input:
of the evidence, on defendant. N.Y. Penal Law § 125.25[3]. In People v. Diaz, 177 A.D.2d 500, 576 N.Y.S.2d 144 (1991), leave to appeal denied, 79 N.Y.2d 1048, 584 N.Y.S.2d 1015, 596 N.E.2d 413 (1992), defendant appealed his conviction for felony murder, arguing that the judge’s failure to charge the jury on the affirmative defense denied him a fair trial. The court sustained the ruling, noting that the defendant continued to participate in the robbery after his accomplice displayed the gun and while the fatal assault continued. Thus, the record does not contain a sufficient basis to establish- every element of the affirmative defense, and the trial court’s refusal to charge was proper. [Id. at 146 (citation omitted).] Cf. People v. Heyward, 111 A.D.2d 420, 488 N.Y.S.2d 486, 487 (1985) (<HOLDING>). Like the defendant in Diaz, this defendant 
 Holding statements: (A) holding that defendant did not preserve his challenge to alleged prosecutorial misconduct where he did not timely object (B) holding that a defendant was not entitled to the affirmative defense where the evidence did not support his contention that he did not aid in the homicidal act (C) holding that the government did not waive an affirmative defense not pleaded in the answer because it raised the defense at a pragmatically sufficient time by listing the defense in the joint pretrial order (D) holding that the district court erred in requiring the defense to disclose a report which the defense did not intend to introduce into evidence and which was merely designed to aid in the crossexamination of a witness for the state (E) holding that defendant does not waive an affirmative defense if defendant raises it at a pragmatically sufficient time such as summary judgment and the defendants failure raise the affirmative defense in its answer did not cause the plaintiff prejudice

Ex Output:

holding that defendant did not preserve his challenge to alleged prosecutorial misconduct where he did not timely object