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. 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.
question:
judgment action the Court should consider the following factors: (1) avoiding needless determination of state law issues; (2) discouraging litigants from filing declaratory actions as a means of forum shopping; and (3) avoiding duplica-tive litigation. Id. In addition, the Court should retain jurisdiction on a declaratory judgment action where it is necessary to avoid piecemeal litigation. Snodgrass v. Provident Life & Accident Ins. Co., 147 F.3d 1163, 1167 (9th Cir.1998). The Court has already concluded that § 616D.030 does not preclude Plaintiffs state law claims, therefore, declining to exercise jurisdiction over the declaratory judgment claim would result in piecemeal litigation. Because a declaratory action is a procedural remedy, the Court grants leav 956 P.2d 117, 119-20 (1998) 
 Holding statements: (A) holding  616d030 barred employees actions where employees sued the state industrial insurance system alleging bad faith administration of their workers compensation claims (B) holding that the peculiar risk doctrine has no application to employees of independent contractors whose claims fall within the workers compensation system (C) holding  616d030 barred employees action where employee alleged the insurance carrier acted in bad faith in handling the claim (D) recognizing retaliatory discharge claim where employer prevented employees exercise of workers compensation rights because of employees intention to file claim (E) holding  616d030 did not preclude the plaintiff from bringing a tortious discharge action for filing a workers compensation claim because the statutory scheme applies only to the administration of the act
answer:
(A)


question:
and so require an interpretive step to determine the expressive elements of these processes. However, neither the Supreme Court nor our court has ever drawn a distinction between the process of creating a form of pure speech (such as writing or painting) and the product of these processes (the essay or the artwork) in terms of the First Amendment protection afforded. Although writing and painting can be reduced to their constituent acts, and thus described as conduct, we have not attempted to disconnect the end product from the act of creation. Thus, we have not drawn a hard line between the essays John Peter Zenger published and the act of setting the type. Cf. Minneapolis Star & Tribune Co. v. Minn. Comm’r of Revenue, 460 U.S. 575, 582, 103 S.Ct. 1365, 75 L.Ed.2d 295 (1983) (<HOLDING>). The process of expression through a medium 
 Holding statements: (A) holding that dating is a type of association protected by the first amendment (B) holding that private possession of child pornography is not protected by the first amendment (C) holding first amendment claim requires actual protected conduct (D) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (E) holding that a tax on ink and paper burdens rights protected by the first amendment
answer:
(E)


question:
to be exactly the same as that of the RJPod. In any event, more significant than whether the work is commercial in nature is whether the Defendant’s use was “trans-formative:” “The central purpose of this investigation is to see ... whether the new work merely supercedes the objects of the original creation, ... or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message.” Campbell, 510 U.S. at 579, 114 S.Ct. 1164 (internal citations, brackets, and citations omitted). The Court considers whether the Defendant’s use of the Floor Plan merely superceded the object of the originals or instead added a further purpose of different character. Id.; cf. Nunez v. Caribbean Int’l News Corp., 235 F.3d 18 (1st Cir.2000) (<HOLDING>). The Defendant submits that the RP-Floor Plan, 
 Holding statements: (A) holding that the same types of evidence used to prove a title vii claim also may be used to prove a  1983 claim (B) holding that newspaper articles were inadmissible hearsay when used to prove that the defendant made the statements attributed to him in the article (C) holding that the application of the enhancement for using a firearm in connection with another felony offense is proper only if there is a clear connection between the firearm that was used in the other offense and the one that was used in the offense of conviction (D) holding that when a photograph that was intended to be used in a modeling portfolio was used instead in a news article the work was transformed into news (E) holding that a hostile work environment was sufficient to constitute constructive discharge because the harassment was expressed by the plaintiffs supervisor and the offending language was not only used in the plaintiffs presence but was directed at him
answer:

(D)