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]: 676 F.2d 969, 975 (3d Cir. 1982); Carty v. Schneider, 986 F. Supp. 933, 38 V.I. 213 (D.V.I. 1997). In contrast, a fine is a criminal contempt sanction if the amount of the fine is fixed and imposed unconditionally as a punishment for past disobedience. See Hicks, 485 U.S. at 632-33 (“An unconditional penalty is criminal in nature because it is solely and exclusively punitive in character.” (citations and quotations omitted)); see also Latrobe Steel Co., 545 F.2d at 1343 (“[T]he penalties arising out of adjudications of criminal contempt are generally an absolute fine of a specific amount . . . .”). Criminal fines are retroactive, and may not be avoided by purging the contemptuous conduct. See Penfield Co. of Cal. v. SEC, 330 U.S. 585, 590, 67 S. Ct. 918, 921, 91 L. Ed. 1117 (1947) (<HOLDING>). Here, the June 13, 2006, order was phrased in 
 Holding statements: (A) recognizing that because a district courts determination of the appropriate fine involves factual issues including the defendants ability to pay the fine imposedthe district courts calculation of the fine is entitled to deference and can be reversed on appeal only for clear error (B) holding that where the language of the statute required the imposition of both confinement of which a portion could not be suspended and a fine the court had the ability to impose a fine and then suspend it (C) holding that a flat unconditional fine for 50 was a criminal sanction because the contemnor had no subsequent opportunity to reduce or avoid the fine through compliance (D) holding that a fiftytwo million dollar fine could not be imposed as a sanction for criminal contempt except through a jury trial (E) holding that the failure to impose a mandatory fine requires that the matter be remanded for imposition of that fine
[A]: (C)


[Q]: the genus of goods or services for which it seeks protection. See 15 U.S.C. § 1051(a)(2), (b)(2); 37 C.F.R. §§ 2.32(a)(6), 2.71(a); TMEP § 1402.01; see also Stone Lion Capital Partners, L.P. v. Lion Capital LLP, 746 F.3d 1317, 1324 (Fed.Cir.2014) (“Parties that choose to recite services in their trademark application that exceed their actual services will be held to the broader scope of the application.”); Octocom Sys., 918 F.2d at 942 (“[R]egistrability of an applicant’s mark must be decided on the basis of the identification of goods set forth in the application.... ”). The PTO will generally accept any identification of goods or services so long as it is “specific, definite, clear, accurate, and concise.” TMEP § 1402.01; see also In re Omega SA 494 F.3d 1362, 1365 (Fed.Cir.2007) (<HOLDING>) (quoting In re Water Gremlin Co., 635 F.2d 
 Holding statements: (A) holding that relators failure to meet the particularity requirements of rule 9b did not bar his claim where the relator was a former employee of the defendants and lacked access to records and documents in the possession of the defendants that contained information necessary to plead with particularity (B) holding that the concerns that require fraud to be pleaded with particularity are even more urgent in a civil rico action (C) holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant (D) holding that it is within the discretion of the pto to require that ones goods be identified with particularity in a trademark application (E) holding that a rule 10b5 claim must be stated with particularity
[A]: (D)


[Q]: law-abiding and upright manner.” The district court excluded the convictions for two reasons, because of the 1975 pardon and under Rule 609(b) because they were more than 10 years old. However, McMur-rey was allowed to testify that Stout told him he had been to prison before. Rule 609(c) and the accompanying commentary draw a distinction between pardons based on actual innocence or a finding of rehabilitation (which make the underlying conviction inadmissible for impeachment) and pardons granted solely to restore civil rights (which have no relevance to character and do not impair the admissibility of the underlying conviction). Fed.R.Evid. 609(c) & accompanying Notes of Committee on the JudiciaRY House RepoRT No. 93-650; see also United States v. Wiggins, 566 F.2d 944, 946 (5th Cir.) (<HOLDING>), cert. denied, 436 U.S. 950, 98 S.Ct. 2859, 56 
 Holding statements: (A) holding that a mere failure to accord procedural protection called for by state law or regulation does not of itself amount to a denial of due process (B) holding that state attorney general as member of executive department may assert claim of executive privilege (C) recognizing that absolute judicial immunity is not grounded in any special esteem for those who perform judicial functions and certainly not from a desire to shield abuses of office but because any lesser degree of immunity could impair the judicial process itself (D) recognizing as a matter of law executive privilege for governor (E) holding that rule 609 shows a desire to accord a controlling consideration to rehabilitation as opposed to executive grace or judicial invalidation
[A]:
(E)