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.

Q: F.2d 448, 451 (1st Cir.1975). Anderson’s condition at the time of the statement was described as excited, nervous and scared, and he appeared as if “he did not know what to do.” Moreover, his statement directly related to an exciting event, the shooting. Thus, based on the evidence and circumstances known at the time of its ruling, the trial court could have reasonably concluded that the exciting event witnessed by Anderson was the shooting itself. Accordingly, to the extent the trial court based its ruling on the fact that Anderson personally perceived the shooting, we find no abuse of discretion. We further note that the startling occurrence that triggers the excited utterance need not necessarily be the crime itself. See Salazar v. State, 38 S.W.3d 141, 154-55 (Tex.Crim.App.2001) (<HOLDING>); Couchman v. State, 3 S.W.3d 155, 159 
 Holding statements: (A) holding trial court could have found startling event or condition was declarants sustaining an injury or the pain she later experienced (B) holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence (C) holding that a lower court properly admitted a fouryear olds hearsay statement although she made it 1215 hours after the startling event (D) holding that statement must be product of a startling event (E) holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective

A: (A)
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Q: Court procedures or under G.L.1956 §§ 16-19-1 and 16-19-6 as to the number of absences from school that were necessary to incur possible liability as a truant. However, the administrative order specifies a threshold number of ten days of absence before a child may be referred either to the Diversion Program or to the formal juvenile calendar. Indeed, administrative order 2010-2 states that “[t]he Intake Department may refer cases to the Truancy calendar if the petition: * * * [h]as at least 10 days of absences and/or states that a student is habitually late or absent from school.” We are confident that a person of average intelligence need neither guess nor speculate about the number of absences that will result in a referral to the Truancy Diversion Program. See Moreau, 15 A.3d at 583 (<HOLDING>). Administrative order 2010-2 also details how 
 Holding statements: (A) holding that the statute defining drug paraphernalia and  564403cl were not unconstitutionally vague for want of certainty and definiteness because they give a person of ordinary intelligence notice that his contemplated conduct is forbidden (B) holding factor b is not unconstitutionally vague (C) holding that a statute is not unconstitutionally vague if it gives a person of ordinary intelligence a reasonable opportunity to know what is prohibited so that he may act accordingly (D) holding flag contempt statute unconstitutionally vague (E) holding that essentially equivalent is unconstitutionally vague

A: (C)
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Q: RICO against the Bowlings, it may do so in its affirmative cross-claim. Wfhirl-pool’s belief to the c 46 (2003) (adopting the approach set forth in the Second Restatement defining the elements of the tort of intentional infliction of emotional distress); Doe Parents No. 1 v. Dep’t of Educ., 100 Hawai'i 34, 58 P.3d 545, (2002) (relying on Second Restatement for definition of duty set forth in the Second Restatement § 314A); Gonsalves v. Nissan Motor Corp. in Haw., 100 Hawai'i 149, 170, 58 P.3d 1196, 1217 (2002) (adopting Second Restatement § 577 by holding "If the circumstances indicated that communication to a third party is likely, however, a publication may properly be held to have occurred”); and see, McKenzie v. Hawai 'i Permanente Med. Group, 98 Hawai'i 296, 47 P.3d 1209 (2002) (<HOLDING>); Zanakis-Pico v. Cutter Dodge, Inc., 98 
 Holding statements: (A) holding that second restatement  302 does not establish per se that a doctor owes a duty to the plaintiff it only describes the manner in which he may be negligent if he owed that duty (B) holding that although violation of rules of professional conduct does not constitute negligence per se such violations may be relevant and admissible in assessing the legal duty of an attorney in a malpractice action and whether that duty was breached (C) holding that in the absence of a product malfunction a plaintiff cannot establish that a defendant breached any duty owed (D) holding defendant owes a duty to disclose where the defendant alone has knowledge of material facts which are not accessible to the plaintiff (E) holding that an agent owes a fiduciary duty to his principal

A:
(A)
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