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.
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Question: Inc., 575 F.2d 62, 66 (3d Cir.1978); Novelty Textile Mills v. Joan Fabrics Corp., 558 F.2d 1090, 1093 n. 3 (2d Cir.1977). 7 .The rationale for this rule, as Judge Aldrich stated, is that "to permit copyrighting [in that case] would mean that a party or parties, by copyrighting a mere handful of forms [of expression], could exhaust all possibilities of future use of the substance ... [and thus] the subject matter would be appropriated by permitting the copyrighting of its expression. We cannot recognize copyright as a game of chess in which the public can be checkmated.” Morrissey v. Procter & Gamble Co., 379 F.2d 675, 678-79 (1st Cir.1967). 8 . As an example of where dissection was improperly used, see Apple Barrel Productions Inc. v. Beard, 730 F.2d 384, 387-88 (5th Cir.1984) (<HOLDING>). 9 .For example, the court may find that the 
 Holding statements: (A) holding that consideration supports the agreement as a whole (B) holding that the district court erred when it failed to consider the presumption of irreparable harm (C) holding district court erroneously failed to consider copyrighted show as a whole (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding appellate courts must consider the trial courts jury charge as a whole

Answer: (C)


Question: CURIAM: Carlo Junior Seneeharles appeals his conviction and sentence for possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). He raises three issues on appeal, which we address in turn. After review, we affirm Sen-echarles’s con earm and ammunition had traveled through interstate commerce before the offense was committed, the Government established a minimal nexus between Senecharles’s firearm and ammunition and interstate commerce, and the statute was constitutional as-applied to him. See United States v. Jordan, 635 F.3d 1181, 1189 (11th Cir. 2011) (<HOLDING>). B. Armed Career Criminal Act Senecharles also 
 Holding statements: (A) holding  922g is not unconstitutional as applied to a defendant who possessed a firearm only intrastate when the government demonstrated that the firearm moved in interstate commerce (B) recognizing scarborough holding that commerce nexus satisfied upon showing that possessed firearm had traveled at some time in interstate commerce (C) holding that a defendant possessed a firearm in connection with a crime when the firearm was kept in a car across the street from where the defendant was selling drugs (D) holding that the government was required to prove that the defendant lacked a license to possess a firearm but not that the defendant possessed the firearm for any duration of time (E) holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense

Answer: (A)


Question: pertinent charge of aggravated assault, to sentence defendant to life imprisonment without possibility of release before serving twenty-five years. One element in this mandatory sentence was defendant’s probationary status at the time of the crime. See A.R.S. § 13-604.02 (1989). Defendant argues on appeal that this element was improperly established at trial. After the jury was excused, instead of requiring proof of probationary status, the trial judge stated that he had been the sentencing judge for defendant’s probation violation proceeding, and he took judicial notice that defendant was on probation at the time of his crime. Defense counsel did not object. The defendant now argues on appeal that this was error, relying on State v. Lee, 114 Ariz. 101, 105, 559 P.2d 657, 661 (1976) (<HOLDING>), and State v. Hurley, 154 Ariz. 124, 132, 741 
 Holding statements: (A) holding that the proper procedure to prove prior convictions is to offer a certified copy of the conviction (B) holding that when an agency fails to follow the proper procedure under the illinois administrative procedure act for the adoption of rules the rule is invalid (C) holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction (D) holding that the mailing of a certified copy of a remand order to a state court divests federal jurisdiction (E) holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime

Answer:
(A)