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.

Ex Input:
to the section 924(c) jury instruction, we review it for plain error. See, e.g., United States v. Webster, 84 F.3d 1056, 1066 (8th Cir.1996). Although the pre-Bailey instruction was given to the jury (because Bailey had no rovide a defendant, upon their motion, any statement or report made by a government witness that relates to the subject matter of the direct testimony of that witness. 18 U.S.C. § 3500. The government need not provide the statement, however, until after the witness testifies on direct examination. 18 U.S.C. § 3500(a). 6 . The district court’s ruling was essentially a discovery matter, which we review for an abuse of discretion. See, e.g., United States v. Byrne, 83 F.3d 984, 990 (8th Cir.1996); see also United States v. Phillips, 854 F.2d 273, 278 (7th Cir.1988) (<HOLDING>). But see United States v. Monroe, 943 F.2d 
 Holding statements: (A) holding that the district court did not abuse its discretion in concluding that the fbi informants file contained no brady material not already provided to the defendant in a summary (B) holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation (C) holding that an fbi agents rough notes of an interview of the defendant were not brady material because there was no independent showing that they contained evidence that was material to the defendants guilt or innocence (D) holding a trial court did not abuse its discretion by failing to require disclosure of an informants name (E) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment

Ex Output:
holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation


Ex Input:
rise to the level of the allegations in Harke-ma. While physical abuse obviously endangers a child, Ma Donna’s account of her January 1997 fight with F.G. is not inconsistent with F.G.’s charge (except for the allegation of hair-pulling). An alleged single incident of borderline abuse or neglect has been held not to constitute sufficient endangerment to warrant a custody modification. See Smith, 508 N.W.2d at 227 (insufficient endangerment where child was injured by fallen cuckoo clock and mother allegedly examined clock before child). Under the circumstances, the court did not abuse its discretion in giving this incident little weight. This court has been inconsistent in categorizing a custodial parent’s efforts to isolate the child from relatives. Compare Westphal, 457 N.W.2d at 229 (<HOLDING>) with Smith, 508 N.W.2d at 227 (stating that a 
 Holding statements: (A) holding that postadoption visitation of child who was adopted by grandparents on basis of biological parents unconditional consent was required to promote childs best interests (B) holding that paramount consideration in terminationofparentalrights proceeding is best interests of the child (C) holding mothers cutting off contact with grandparents to be best interests consideration but not evidence of endangerment (D) holding that best interests of the child analysis requires consideration of all section 5328a factors (E) holding unconstitutional a statute authorizing courts to recognize grandparents as having the same standing as parents for evaluating what custody arrangements are in the best interest of the child where the child actually resided with the grandparents in a stable relationship

Ex Output:
holding that postadoption visitation of child who was adopted by grandparents on basis of biological parents unconditional consent was required to promote childs best interests


Ex Input:
have contributed to Farmland’s damages. This argument is insufficient to withstand Mid-America’s motion to dismiss for a number of reasons. First, neither Farmland’s complaint nor the KCC Order suggests that Mid-America’s violation of a tariff provision forms the basis of Farmland’s negligence per se claim. Additionally, Farmland has not cited any authority or presented any meaningful argument to support the proposition that a tariff violation can satisfy the “statute, ordinance, or regulation” element of a negligence per se claim. And, perhaps most importantly, the record of the KCC proceedings does not reveal that Farmland has exhausted its administrative remedies on this issue. See generally Grindsted Prods., Inc. v. Kan. City Power & Light Co., 21 Kan.App.2d 435, 901 P.2d 20 (1995) (<HOLDING>). Accordingly, the court will grant 
 Holding statements: (A) holding that a plaintiff who proves a cause of action under  1981 may recover punitive damages where the plaintiff is entitled to an award of compensatory damages even if nominal (B) holding plaintiff must move before public interests are involved to bring suit for ejectment but allowing single action for past present and future damages (C) holding the kcc must first interpret a tariff before a plaintiff can bring an action in court seeking damages under  66176 (D) holding that a plaintiff can seek statutory damages even in the absence of actual damages (E) holding that the plaintiff could bring an action for negligent misrepresentation although the plaintiff could not sue on the contract because the contract was void

Ex Output:

holding that a plaintiff who proves a cause of action under  1981 may recover punitive damages where the plaintiff is entitled to an award of compensatory damages even if nominal