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:
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

Ex Output:
(D)


Ex Input:
were driven by ‘[p]rice in an all-inclusive sense, which starts with the freight rate.’ ” (Doc. S-l at 56). No effort was made to differentiate or promote any aspect of Trailer Bridge’s products or services. Instead, the statement provided a brief explanation of the factors affecting price in the entire Puerto Rican cabotage market. Cf American Simmental Ass’n v. Coregis Ins. Co., 282 F.3d 582, 587 (8th Cir.2002) (“The plain and ordinary meaning of ‘advertising idea’ generally encompasses an idea for calling public attention to a product or business, especially by proclaiming desirable qualities so as to increase sales or patronage.” (internal quotation marks omitted)); Proxima Corp. v. Federal Ins. Co., 26 F.3d 132, 1994 WL 245671 at *1 (9th Cir.1994) (unpublished table decision) (<HOLDING>). Regardless of whether the statement lulled 
 Holding statements: (A) holding statements of product superiority and that product was industry approved were puffery (B) holding that a contract for an exclusive agency to market a product contains an implied promise to use all reasonable efforts to market the product (C) holding that the essential wrong of trademark infringement the appropriation of the good will of anothers established mark may be effectively accomplished by advertising matter associating that others distinguishing mark with the product of defendant (D) holding that the shape of a product was not an advertising idea because there was no allegation in the complaint that the design itself was a trademark or was intended to distinguish the product from others that might enter the market citation omitted (E) holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury

Ex Output:
(D)


Ex Input:
7 Cal.4th at 1247, 32 Cal.Rptr.2d 223, 876 P.2d 1022. Single, trivial or isolated incidents cannot generally support constructive discharge. Id. at 1247, 32 Cal.Rptr.2d 223, 876 P.2d 1022. Adverse conditions must be “extraordinary and egregious,” “unusually aggravated,” or part of a “continuous pattern,” such that any reasonable employee would feel compelled to resign rather than continue the employment relationship. Id. 1246-48, 32 Cal.Rptr.2d 223, 876 P.2d 1022; accord Mullins, 15 Cal.4th at 737, 63 Cal.Rptr.2d 636, 936 P.2d 1246. The conditions must be unreasonably harsh compared to those experienced by coworkers. Id. at 1247; accord King v. AC & R Advertising, 65 F.3d 764, 768 (9th Cir.1995). The length of time an employee remains on the job is one relevant facto 876 P.2d 1022 (<HOLDING>); King, 65 F.3d at 768 (insufficient as matter 
 Holding statements: (A) holding that harassment threats and one beating did not constitute persecution (B) holding that two instances of misconduct do not indicate a persistent and widespread pattern of misconduct that amounts to a city custom or policy of overlooking police misconduct (C) holding a defendant seeking a new trial on the basis of juror misconduct has the initial burden to prove thatajuror or jurors did in fact commit the alleged misconduct (D) holding the alleged misconduct taken together did not constitute a pattern of harassment or aggravating conditions (E) holding that defendant did not preserve his challenge to alleged prosecutorial misconduct where he did not timely object

Ex Output:

(D)