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.

Q: abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 3. Inflict bodily harm upon or to terrorize the victim or another person. 2 . Faison v. State, 426 So.2d 963, 965-66 (Fla.1983). 3 . See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), cert. denied, 503 U.S. 1009, 112 S.Ct. 1773, 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (<HOLDING>), superseded by statute as recognized in Davis 
 Holding statements: (A) holding that when the legislature intends to punish separate acts even ones in close temporal proximity the blockburger test does not apply because the precondition for employing that test that the two offenses involve the same conduct is absent (B) holding that the right to control the means by which the work is accomplished is clearly the most significant test of the employment relationship and observing that many of the other factors enumerated in the restatement second are merely evidentiary indicia of the right to control (C) recognizing that other courts have found the type of test reliable but finding that this particular urinalysis test was unreliable since the lab did not perform a backup test or identify lab test results and state left questions about how probationers diabetes affected the results (D) holding that the faison test does not apply to false imprisonment and observing that the test has no application when the charge alleges that the defendant kidnapped the victim with any of the other specific intentions identified in  78701lal 3 or 4 (E) holding that a defendant charged with kidnapping with the intent to inflict bodily harm upon or terrorize the victim is not entitled to a faison instruction

A: (D)
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Q: Plaintiff did not meet the notice requirements of the CFRA and the FMLA. Plaintiff did not notify Defendant in advance that Plaintiff would be absent from March 31, 2014 through April 3, 2014. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo., Exhs. Vol. II. Additionally, Plaintiff did not call in sick or ask someone to call Defendant on his behalf on any of those four days of absence, even though Plaintiff made 26 phone calls to individuals or entities other than McCale or Defendant. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo,, Exhs. Vol. II. Thus, unlike in Avila, upon which Plaintiff relies, Plaintiff did not call in sick during his absence from March 31, 2014 through April 3,2014. See Avila, 165 Cal.App.4th at 1258, 82 Cal.Rptr.3d 440 (<HOLDING>). Moreover, two weeks prior to Plaintiffs 
 Holding statements: (A) holding that an issue is genuine if the evidence is sufficient to allow a reasonable jury to return a verdict for the nonmoving party (B) holding that absence from prior state was temporary during the time it was contemplated that the parent and child would return to the other state (C) holding that spouse was not required to return to work immediately upon divorce to avoid judicial imputation of income (D) holding that calling in sick during an absence and providing hospital forms describing the illness upon return to work is sufficient notice (E) holding a judgment in the absence of notice violates due process rights

A: (D)
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Q: the fact that its analysis of whether the Ingram’s job performance justified the pay differential leads to the question of Merrill Lynch’s intent even though the EPA is a strict liability statute. The Settlement states that Merrill Lynch can rebut Class-wide statistical evidence of discrimination “with evidence related to the individual Claimant’s case.” (R. 112, Settlement ¶ 7.11(8)(e).) In addition, some appellate courts consider whether the employee’s actual job performance justified the pay differential, rather than only considering whether a job-wide wage disparity between male and female employees was due to a bona fide job evaluation system. See, e.g., Ryduchowski, 203 F.3d at 144, Ambrose v. Summit Polymers, Inc., No. 05-1048, 2006 WL 797939, at *5-6 (6th Cir. Mar.24, 2006) (<HOLDING>). Ingram herself raises the issue of Merrill 
 Holding statements: (A) holding plaintiffs burden was to show that the misconduct for which she was discharged was nearly identical to that engaged in by a male employee whom her employer retained internal quotation omitted (B) holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired (C) holding that a plaintiff could not proceed on her procedural due process claim brought under  1983 because she did not show that she had exhausted her state law remedies or alleged that those remedies were inadequate (D) holding that because the plaintiffs skills had deteriorated during the period she claims she was paid less than a male employee who performed equal work the plaintiff was not entitled to proceed further under the epa (E) holding that plaintiff could not establish a prima facie case of discrimination because she was unable to present evidence that she was qualified for the position

A:
(D)
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