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:
concerning a matter within the scope of the agency or employment, made during the existence of the relationship. However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) ("Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party.” (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (<HOLDING>); United States v. Durrani, 659 F.Supp. 1183 
 Holding statements: (A) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (B) holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution (C) holding in a criminal case that a statement by an unavailable declarant was not admissible as a declaration against his penal interest and was not admissible under rule 804b5 either (D) holding statements by coconspirator nontestimonial and thus admissible (E) holding alford plea admissible in burglary prosecution

Ex Output:
(B)


Ex Input:
all of the requested documents meet that definition however. That is an issue for the trial court to resolve when it reconsiders Gulfcoast’s objections. We next address the issue of the trial court’s failure to perform a balancing test or conduct an in camera review. “When a party asserts the need for protection against disclosure of a trade secret, the court must first determine whether, in fact, the disputed information is a trade secret [which] usually requires the court to conduct an in camera review.” Summitbridge Nat’l Invs. v. 1221 Palm Harbor, L.L.C., 67 So.3d 448, 449 (Fla. 2d DCA 2011) (citing Ameritrust Ins. v. O’Donnell Landscapes, 899 So.2d 1205, 1207 (Fla. 2d DCA 2005)); see also Westco, Inc. v. Scott Lewis’ Gardening & Trimming, 26 So.3d 620, 622 (Fla. 4th DCA 2009) (<HOLDING>). This court has previously held that internal 
 Holding statements: (A) holding that where a party claims a document is privileged and the trial court fails to conduct an in camera review or balancing test the trial court has departed from the essential requirements of the law (B) holding that the trial court properly added a party defendant to conform to the evidence presented at the trial (C) holding that the proper test for balancing national security interests with a persons due process rights is the mathews balancing test (D) recognizing that a party cannot complain on appeal that the trial court considered an issue that that party consented to submit to the trial court (E) holding that in eases where the state fails to disclose to the defendant prior to trial the substance of any oral statement allegedly made by the defendant then the state has committed a discovery violation and the trial court must conduct a richardson hearing upon learning of the possible violation

Ex Output:
(A)


Ex Input:
or erected by the government rather than a private organization. The discriminating characteristic that allowed the Christmas tree display and prohibited the menorah was solely that the former was a secular symbol and the latter a religious one. The distinction was made on the basis of what was said, not who was speaking. 11 . The Court explained: It is axiomatic that the government may not regulate speech based on its substantive content or the message it conveys. Other principles follow from this precept. In the realm of private speech or expression, government regulation may not favor one speaker over another. Discrimination against speech bec L.Ed.2d 640 (1990). 16 . Cf. County of Allegheny v. ACLU Greater Pittsburgh Chapter, 492 U.S. 573, 109 S.Ct. 3086, 106 L.Ed.2d 472 (1989) (<HOLDING>). In Allegheny, the Court evaluated the effect 
 Holding statements: (A) holding that display of unattended menorah in city hall park quite close to seat of government violated establishment clause because its combination alongside a secular holiday display did not cause a viewer to see the exhibit as a whole or as a unitary symbol (B) holding inter alia that the display of a creche at a country courthouse violated the establishment clause but noting that there is an obvious distinction between a creche display and references to god in the motto and the pledge (C) holding that the display of a creche as a part of a public christmas display depicts the historical origins of this traditional event long recognized as a national holiday (D) holding that county violated establishment clause by giving roman catholic group preferential access to display standalone creche depicting birth of jesus on main staircase of its seat of government because reasonable observer would believe countys action was meant to support and promote christianity (E) holding that the display of a privately sponsored creche on the staircase of the courthouse violated the establishment clause because the display actually favored sectarian religious expression

Ex Output:

(E)