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.

Example Input: Court would apply its own jurisprudence because Braun prescribes an objective just cause standard-the standard Jurgens requests. 65 . Cassel, 14 P.3d at 284 (quoting Univ. of Alaska v. Tovsen, 835 P.2d 445, 447 (Alaska 1992)). 66 . Id. at 284 (quoting Baldwin, 769 P.2d at 304). 67 . See NPMC 2.36.010(A) (stating that purpose of chapter is to "establish and operate a system of personnel administration based upon equitable merit principles and professional methods governing ... removal, [and] discipline ... of employees"), .310(A) (requiring system of "uniform and equitable administration of discipline"), .310(B) (requiring that "discipline [] be administered in increasingly progressive severity"), .321(F) (allowing board to impose "lesser disciplinary action"); Tovsenm, 835 P.2d at 447 (<HOLDING>). 68 . See Braun, 816 P.2d at 142. 69 . See 
 Holding statements: (A) holding that a termination of a government contract does not constitute a taking of the plaintiffs property without just compensation or without due process of law (B) holding that words found evaluated and unsatisfactory in personnel regulation required an objective just cause termination (C) holding that beyond reasonable doubt standard not required in termination cases (D) holding that termination is an adverse employment action (E) holding that although a reason was provided in the termination letter the without cause termination provision was applicable
Example Output: (B)

Example 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
Example Output: (E)

Example Input: ill. A default having previously been entered against Aghion, he proceeded to trial pro se solely on the issue of damages. Aghion now claims he was not present at trial because he was out of the country and never received the notice of trial even though one was sent. He argues that, as he was not present at trial through no fault of his own, he did not have the opportunity of stipulating to a five-member jury or knowingly waiving his right to a six-member jury either when the subject came up during voir dire or at the time of the stipulation between the other defendants. As Aghion did not have the opportunity of exhibiting such a knowing waiver, we must find, based on the case law, that he is entitled to a new trial on the issue of damages. See Blair v. State, 698 So.2d 1210 (Fla.1997) (<HOLDING>); Fla. Fertilizer & Mfg. Co. v. Boswell, 45 
 Holding statements: (A) holding that a defendants waiver of the right to testify must be knowing informed and intelligent (B) recognizing requirement of knowing intelligent waiver (C) holding a waiver of a substantial constitutional right must be a voluntary knowing and intelligent act (D) holding that the constitutional right to a sixmember jury may be waived by a knowing and intelligent waiver (E) holding that under the sixth amendment a criminal defendant may waive his right to counsel if that waiver is knowing intelligent and voluntary
Example Output:
(D)