TASK DEFINITION: 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.
PROBLEM: in the context of an election case, even in the absence of a class action, and concluding that the case was not moot); Rosario v. Rockefeller, 410 U.S. 752, 756 n. 5, 93 S.Ct. 1245, 36 L.Ed.2d 1 (1973) (concluding that plaintiffs’ class action challenge to New York’s Election Law was capable of repetition yet evading review, although primary election had passed and the petitioners would be eligible to vote in the next primary); Dunn v. Blumstein, 405 U.S. 330, 333 n. 2, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972) (in challenge to a provision of Tennessee’s election law, concluding that, although plaintiff would be eligible to vote in the next election, the controversy was capable of repetition yet evading review); Fulani v. League of Women Voters Educ. Fund, 882 F.2d 621, 628 (2d Cir.1989) (<HOLDING>). We adopt the approach of the former cases, 
 Holding statements: (A) holding that appeal was not moot despite the fact that the election had passed because there would be every reason to expect the same parties to generate a similar future controversy emphasis added (B) holding that although the 1972 election had long since passed the case was not moot because the statute under review would apply to other candidates in the future (C) holding that election case was not moot after election because there is a reasonable expectation that the same complaining parties would be subject to that same action in the future (D) holding that issues as to whether declaratory relief should be granted had become moot and would be dismissed for lack of jurisdiction but that under hallman the entire appeal was not moot because there still was a live controversy as to whether appellee was entitled to recover attorneys fees under the declaratory judgments act and therefore issues regarding attorneys fees were not moot and would be decided (E) holding that plaintiffs claims were not moot although the election was over because the same issues would affect minorparty candidacies in the future but failing to address whether fulani herself would be affected

SOLUTION: holding that appeal was not moot despite the fact that the election had passed because there would be every reason to expect the same parties to generate a similar future controversy emphasis added

PROBLEM: that may be considered in determining punishment are the subject of article 37.07 of the Texas Code of Criminal Procedure. See Tex.Code CRIM. PROC. Ann. Art. 37.07 (Vernon Supp.2004). This statute authorizes the admission of evidence in the punishment phase of trial as to any matter the court deems relevant to sentencing. Id. The circumstances of the offense are relevant to sentencing and may be considered by the trier of fact in determining the punishment to be assessed. Murphy v. State, 777 S.W.2d 44, 63 (Tex.Crim.App.1989). One circumstance of the offense that may be considered is the degree of injury to the victim so long as the fact finder may rationally attribute moral culpability to the accused for that injury. Stavinoha v. State, 808 S.W.2d 76, 78-79 (Tex.Crim.App.1991) (<HOLDING>); Miller-El v. State, 782 S.W.2d 892, 896 
 Holding statements: (A) holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm (B) holding in aggravated sexual assault case that testimony regarding psychological trauma suffered by child victim and its physical manifestations properly admitted (C) holding that psychological conditions resulting from workrelated trauma are compensable (D) recognizing trauma that new trial would likely bring to victim of child sexual assault (E) recognizing the purpose of missouris child victim witness protection law sec 491675 et seq as an attempt to minimize the emotional and psychological trauma to the alleged child victim

SOLUTION: holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm

PROBLEM: conduct). Lacking explicit precedent in this state, we turn to other jurisdictions to seek guidance. In doing so, we find many other jurisdictions, particularly federal courts, including the Fourth Circuit Court of Appeals, have addressed the issue of the admissibility during the trial of threats against a witness made by the defendant. The federal court cases generally conclude such threats indicate the defendant’s “consciousness of guilt” and are therefore admissible pursuant to Rule 404(b) of the Federal Rules of Evidence. See U.S. v. Van Metre, 150 F.3d 339, 352 (4th Cir.1998); U.S. v. Guerrero-Cortez, 110 F.3d 647, 652 (8th Cir.1997) (acknowledging that “[a]n effort to intimidate a witness tends to show consciousness of guilt”); U.S. v. Gatto, 995 F.2d 449, 454-55 (3d Cir.1993) (<HOLDING>); U.S. v. Maddox, 944 F.2d 1223, 1230 (6th 
 Holding statements: (A) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (B) holding evidence of prior witness intimidation admissible to show criminal intent and guilty conscience (C) holding defendants false exculpatory statements admissible to show consciousness of guilt (D) holding that rule 404b evidence is admissible in rebuttal (E) holding criminal acts designed to reduce the likelihood of conviction including threats against witnesses are admissible under rule 404b as showing consciousness of guilt

SOLUTION:
holding evidence of prior witness intimidation admissible to show criminal intent and guilty conscience