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.

Ex Input:
evidence to conclude that the government’s conduct in this case amounted to a material breach, it denied Malone’s appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts § 241(e) (1981), “the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing” is a significant factor in determining whether that party’s breach is material. The Restatement also states that “[sjubter-fuges and evasions violate the obligation of good faith,” as does lack of diligence and interference with or failure to cooperate in the other party’s performance. Id. § 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons’ Co. v. United States, 151 
 Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination

Ex Output:
(C)


Ex Input:
basis in which defendants are considered. I question whether that concern for individuality exists under a system which not only admits expert testimony deduced without examining the subject but also, as in this case, accepts the possibility that jurors will allow that evidence, rather than factors more personal to a defendant’s crime and character, to effectively condemn that individual to death. 1 . As the Court of Criminal Appeals admitted, "the State’s case at [Flores’] punishment [hearing], to some extent, rested upon Dr. Griffith's testimony.” Flores v. State, 871 S.W.2d 83, 77 L.Ed.2d 1090 (1983) (allowing the use of psychological testimony on a defendant’s alleged "future dangerousness”); Penry v. Lynaugh, 492 U.S. 302, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989) (<HOLDING>); Franklin v. Lynaugh, 487 U.S. 164, 108 S.Ct. 
 Holding statements: (A) holding that the trier of fact must be allowed to consider and give effect to all relevant mitigating evidence (B) recognizing that texas courts have adopted the aamr definition of mental retardation providing that mental retardation must manifest before age of 18 years (C) holding that the sentencing structure allowed the jury to give mitigating effect to petitioners prison record (D) holding that the key under pewy i  is that the jury be able to consider and give effect to a defendants mitigating evidence in imposing sentence (E) holding that the sentencing procedure was inadequate in failing to allow jury to give mitigating effect to defendants mental retardation and abusive background

Ex Output:
(E)


Ex Input:
under Section 1692g(a)(5), the request had to be in writing. As Welker argues, the Ninth Circuit in Camacho v. Bridgeport Fin. Inc. observed that the FDCPA “assigns lesser rights to debtors who orally dispute a debt and greater rights to debtors who dispute it in writing.” 430 F.3d 1078, 1082 (9th Cir.2005). “The plain meaning of § 1692g is that debtors can trigger the rights under subsection (a)(3) by either an oral or written ‘dispute,’ while debtors can trigger the rights under subsections (a)(4) and (a)(5) only through written dispute.” Id. (emphasis added). The Ninth Circuit in Camacho, however, was only faced with the question of whether adding the “in writing” requirement to where it was not statutorily required violated the FDCPA. Id. The court concluded that it did. Id. (<HOLDING>). Nonetheless, by extension, Camacho’s 
 Holding statements: (A) holding that collection notice was potentially misleading because least sophisticated consumer could conclude that total amount stated as due was due at any time when in fact it was increasing (B) holding that the defendants collection notice violated  1692g insofar as it stated that disputes under subsection a3 had to be in writing (C) holding that a debt collectors violation of the overshadowing rule was a circumvention of  1692g (D) holding therefore that although defendants failure to provide plaintiff with sufficient notice of termination and a pretermination hearing violated his right to procedural due process defendants motion for summary judgment should be granted insofar as it seeks to bar plaintiff from recovering more than a nominal amount (E) holding that if congress had intended to obligate every subsequent debt collector beyond the first to provide validation notice it would have explicitly called for it in 15 usc section 1692g

Ex Output:

(B)