instruction:
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.
question:
see State v. Sosa, 1997-NMSC-032, ¶ 9, 123 N.M. 564, 943 P.2d 1017. {34} Defendant argues that two provisions in the current Delinquency Act suggest the Legislature’s intent to apply the beyond a reasonable doubt standard to the Section 32A-2-20 findings. These two provisions, Section 32A-2-24(B) (requiring proof beyond a reasonable doubt in probation revocation hearings), and Section 32A-2-16(E) (requiring proof beyond a reasonable doubt in a delinquency proceeding), are readily distinguishable from the amenability determination under Section 32A-2-20(B). First, the requirement of proof beyond a reasonable doubt in a delinquency proceeding is constitutionally mandated. See In re Winship, 397 U.S. at 364, 90 S.Ct. 1068. Second, a probation revocation hearing, l 7, 1140-41 (Ct.App.1978) (<HOLDING>); State v. Doe, 100 N.M. 649, 651, 674 P.2d 
 Holding statements: (A) holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) holding right to testify was federal constitutional right (D) holding that treatment as a child is not a constitutional right but a right granted by the legislature and statute met basic due process requirements (E) holding basic elements of due process are notice and a right to be heard
answer:
holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel


question:
a work-related injury, taking into account such factors as age, education, training, and mental capacity." Id. at 574; see also Norton v. Industrial Comm'n, 728 P.2d 1025, 1027 (Utah 1986) (per curiam) (listing "age, sex, education, economic and social environment, ... [and] permanent impairment" as factors to be weighed (internal quotation marks omitted)). 120 The fact that an employee returned to work for some period of time following his industrial injury does not automatically preclude him from claiming permanent total disability benefits at a later date if he continues to suffer substantial pain throughout the period of his continued employment or if his industrial injury worsens to the point that he is no longer able to maintain regular employment. See Norton, 728 P.2d at 1027-28 (<HOLDING>). See generally Hoskings v. Industrial Comm'n, 
 Holding statements: (A) holding that disability pension benefits could be offset against both temporary and total permanent disability compensation benefits (B) holding that an employee who returned to work for six years following his workrelated injury could nevertheless obtain permanent total disability benefits and observing that it may be years before the effect of an injury is felt (C) holding that workers compensation statutes do not prohibit claimant from receiving permanent partial disability benefits from prior accident concurrently with temporary total disability benefits from subsequent injury (D) holding that a totally disabled claimant whose preexisting osteoarthritis was temporarily aggravated by her employment was entitled to temporary total disability benefits but not permanent total disability benefits because there was no causal connection between the temporary aggravation and the permanent disability (E) holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence
answer:
holding that disability pension benefits could be offset against both temporary and total permanent disability compensation benefits


question:
See Tex. Ins.Code Ann. art. 21.04 (Vernon Supp.2003). Article 21.04 states the following: Any person who solicits an application for life, accident, or health insurance, or property or casualty insurance, shall, in any controversy between the insured or the insured’s beneficiary and the company issuing any policy upon such application or between the insured or the insured’s dependents and that company, be regarded as the agent of the company, and not the agent of the insured.... Tex. Ins.Code Ann. art. 21.04. By its own language, article 21.04 applies only to life, accident, health, property, or casualty insurance. Tex. Ins.Code Ann. art. 21.04; see generally Guthrie v. Republic Nat. Life Ins. Co., 682 S.W.2d 634, 637 (Tex.App.-Houston [1st Dist.] 1984, writ ref d n.r.e) (<HOLDING>). In this case, appellant purchased worker’s 
 Holding statements: (A) holding that good faith exception does not apply because it is inconsistent with text of article 3823 (B) holding assignment of a mortgage was not subject to article 9 (C) holding that the contracts clause article i section 10 clause 1 to the united states constitution does not apply to the actions of the federal government (D) holding that a party could not pursue an employment discrimination claim under one article of a labor agreement when the complaint was framed exclusively in terms of another article of the same agreement (E) holding that when the type of insurance procured is not listed in article 2104 the article does not apply
answer:

holding that good faith exception does not apply because it is inconsistent with text of article 3823