instruction:
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.
question:
in ways that create a substantial risk of producing or exacerbating personal injury to her child, to exercising too much or too little, indeed to engaging in virtually any injury-prone activity that, should an injury occur, might reasonably be expected to endanger the life or safety of the child. Such ordinary things as skiing or horseback riding could produce criminal liability. If the State’s position were to prevail, there would seem to be no clear basis for categorically excluding any of those activities from the ambit of the statute; criminal liability would depend almost entirely on how aggressive, inventive, and persuasive any particular prosecutor might be. Kilmon v. State, 394 Md. 168, 177-78, 905 A.2d 306, 311-12 (Ct.App.2006). Additionally, the State’s suggested con 0 (1992) (<HOLDING>); People v. Morabito, 151 Misc.2d 259, 580 
 Holding statements: (A) holding an unborn viable fetus is not a human being under the new mexico child abuse statute and the mothers use of cocaine during pregnancy was not child abuse (B) holding a criminal charge of endangerment of a child does not apply to a pregnant woman who ingests an illegal substance that results in the transmission of drugs to her child through the umbilical cord (C) holding ohios child endangerment statute does not apply to mothers who abuse drugs during pregnancy (D) recognizing the unique relationship between mother and child during pregnancy and birth and permitting mothers claim for emotional distress where the mothers emotional wellbeing and the birth of the child are inextricably intertwined (E) holding child abuse statute clearly did not apply to fetuses and therefore did not apply to a mother who ingested cocaine during pregnancy
answer:
(C)


question:
Court would apply its own jurisprudence because Braun prescribes an objective just cause standard-the standard Jurgens requests. 65 . Cassel, 14 P.3d at 284 (quoting Univ. of Alaska v. Tovsen, 835 P.2d 445, 447 (Alaska 1992)). 66 . Id. at 284 (quoting Baldwin, 769 P.2d at 304). 67 . See NPMC 2.36.010(A) (stating that purpose of chapter is to "establish and operate a system of personnel administration based upon equitable merit principles and professional methods governing ... removal, [and] discipline ... of employees"), .310(A) (requiring system of "uniform and equitable administration of discipline"), .310(B) (requiring that "discipline [] be administered in increasingly progressive severity"), .321(F) (allowing board to impose "lesser disciplinary action"); Tovsenm, 835 P.2d at 447 (<HOLDING>). 68 . See Braun, 816 P.2d at 142. 69 . See 
 Holding statements: (A) holding that a termination of a government contract does not constitute a taking of the plaintiffs property without just compensation or without due process of law (B) holding that words found evaluated and unsatisfactory in personnel regulation required an objective just cause termination (C) holding that beyond reasonable doubt standard not required in termination cases (D) holding that termination is an adverse employment action (E) holding that although a reason was provided in the termination letter the without cause termination provision was applicable
answer:
(B)


question:
Subsection (d) provides that a complaint regarding the legal or factual sufficiency of the evidence in a nonjury case may be made for the first time on appeal. Tex.R.App. P. 33.1(d) (emphasis added). The State contends that, by implication, the amendment recognizes the general rule — that complaints must be preserved to ensure appellate review — applies to all cases tried before a jury. We disagree. In criminal cases, an appellate court must always review challenges to the sufficiency of the evidence. Rankin v. State, 46 S.W.3d 899, 901 (Tex.Crim.App.2001). “A claim regarding sufficiency of the evidence need not be preserved for review at the trial level and is not waived by the failure to do so.” Id.; see also Grayson v. State, 82 S.W.3d 357, 358-59 (Tex.App.-Austin 2001, no pet.) (<HOLDING>); Davila v. State, 930 S.W.2d 641, 648 
 Holding statements: (A) holding that an appellate court cannot consider an issue that was not preserved for appellate review (B) holding that a factual sufficiency complaint in a parental termination case may be reviewed even though it was not preserved in the trial court (C) holding that factual sufficiency claim need not be preserved pursuant to texas rule of appellate procedure 331 (D) recognizing this texas rule (E) holding that a sufficiency challenge must be preserved in the trial court in a parental termination case to be reviewed on appeal
answer:

(C)