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: the crime charged. If the evidence is cumulative, the trial court should more closely scrutinize its prejudicial effect. If the evidence is necessary to prove an element of the charge, the trial judge may have erred in not sustaining the defendant’s motion for a directed verdict of acquittal. Moreover, a defendant may have a valid objection, under federal rule 611(b), that the government’s cross-examination exceeds the scope of the direct. These added considerations are necessary not only to limit the impact of rule 404(b) on rule 608(b), but also to limit the prejudicial effect of allowing the government to have the last say through evidence of a defendant’s prior misconduct. Smith Grading & Paving, 760 F.2d at 581; see also United States v. Horton, 847 F.2d 313, 324-25 (6th Cir.1988) (<HOLDING>). The purpose of Rule 608(b) is to prevent 
 Holding statements: (A) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (B) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper

Output: (D)


Input: Consider Input: Dubé, who held a hearing on the summary judgment motions on December 11, 2003. On January 14, 2004, Judge Dubé issued his R & R, which recommended that Plaintiffs Motion for Summary Judgment be granted and that Defendant’s Motion be denied, thereby reversing the decision of the Appeals Council. Having received objections from both parties, the R & R is now ripe for consideration by this Court. Analysis The issues appealed from the Appeals Council are purely questions of law. Although a more restrictive standard of review applies if an appeal of a final decision of the Commissioner of Social Security is based on that decision’s factual findings, no presumption of validity attaches to the Commissioner’s conclusions of law. See Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir.1991) (<HOLDING>). Therefore; the Court must conduct its own 
 Holding statements: (A) holding that although the district court was not required to discuss each of the factors on the record a decision to dismiss stands a better chance on appeal if the appellate court has the benefit of the district courts reasoning (B) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (C) holding the courts scope of review is  limited to determining whether the commissioner applied the correct legal standards and whether the record as a whole contains substantial evidence to support the commissioners findings of fact  (D) recognizing that when reviewing for clear error we usually must reverse if the district court applied incorrect legal standards to reach its findings (E) holding the district court can reverse the commissioners decision based on her failure to apply the correct law or to provide the reviewing court with sufficient reasoning for determining that the proper legal analysis has been conducted

Output: (E)


Input: Consider Input: 642, 569 P2d 596 (1977), the Supreme Court construed ORS 307.140 and held that, to qualify for an exemption under that statute, “the primary use of the property must advance charitable purposes or goals of the religious organization.” Charitable purposes include the advancement of religion and any other “generally recognized charitable function.” Id.; see also House of Good Shepherd v. Dept. of Rev., 300 Or 340, 345-47, 710 P2d 778 (1985) (discussing how the advancement of religion is a charitable purpose). In conducting the proper analysis, however, courts must bear in mind that “decisions interpreting ORS 307.130 are of value in discerning the contours of ORS 307.140.” German Apost. Christ. Church, 279 Or at 641; see also Archdiocese v. Dept. of Rev., 266 Or 419, 513 P2d 1137 (1973) (<HOLDING>). For organizations seeking tax exemption for 
 Holding statements: (A) holding that limitations placed upon the religious activities of two prison groups found to be religious organizations were reasonable under the circumstances (B) holding that the defendant countys two denials of variance permits under the circumstances had to a significantly great extent lessened the prospect of the religious institution being able to construct a temple in the future thus imposing a substantial burden on the religious institutions religious exercise (C) holding exempt under ors 307130 which relates to other charitable institutions a building that was used as an office for a religious official and religious court and a printing press for a religious publication (D) recognizing a religious institutions right to free exercise of religion (E) holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered  religious exercise


Output: (C)