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 Q]: v. Pembroke Real Estate, Inc., 459 F.3d 128, 142 (1st Cir.2006). Moreover, the broad scope of the Copyright Act definitions may be of limited assistance as the court applies a “common sense” analysis of whether a particular unfinished work may be covered by VARA. One of the co-sponsors of VARA observed that “we have gone to extreme lengths to very narrowly define the works of art that will be covered.... The definition is not synonymous with any other definition in the Copyright Act....” H.R.Rep. No. 101-514, at 11. In Lilley v. Stout, 384 F.Supp.2d 83 (D.D.C.2005), the district judge noted that “VARA established a new and distinct genus of art: ‘works of visual art,’ which differs in many respects from the pre-existing categories in Section 102(a) of the Copyright Act.” Id. at 86 (<HOLDING>). While this overview leaves much that is 
 Holding statements: (A) holding that a set of photographs taken to be used as studies for a painting did not qualify for vara protection (B) holding that the defendants evidence did not qualify as newly discovered evidence (C) holding negligence on the part of the attorney does not qualify for such relief (D) holding that use of a pretext phone call did not qualify for protection because the technique is generally known to the public (E) holding that purely reputational damage does not qualify for dueprocess protection
[EX A]: (A)

[EX Q]: five years. The issue is thus whether the time Hartman served in prison after the IJ’s improper decision should count toward the five-year bar. The Court holds that it should not count and thus, contrary to the BIA’s ruling in March 2002, the application for § 212(c) relief was not untimely when the IJ addressed the merits of that application on January 25, 2001. 1. The Statutory Five-Year Bar At the outset, the Court addresses Hartman’s argument that the five-year clock stops upon filing an application for § 212(c) relief, which, in this case, would be January 1997. The Court disagrees with that argument. The five-year clock of § 212(c) does not stop when an alien, such as Hartman, files an application for a discretionary waiver. See Gomes v. Ashcroft, 311 F.3d 43, 45 (1st Cir.2002) (<HOLDING>); Falconi v. INS, 240 F.Supp.2d 215, 218 
 Holding statements: (A) holding that a lawful permanent resident alien is entitled to seek relief under ina  212c (B) holding that the date of death is relevant date of inquiry for the applicability of section 541a5a (C) holding that the relevant date is not when petitioner filed for  212c relief (D) holding that we have jurisdiction to review an aliens legal eligibility for relief under former ina  212c (E) holding that iiriras repeal of ina  212c was not impermissibly retroactive because unlike st cyr the petitioner chose to proceed to trial instead of agreeing to a plea and therefore did not detrimentally rely on the availability of  212c relief
[EX A]: (C)

[EX Q]: under the statute and rule would deprive the defendant of the right to due process of law pursuant to the Fourteenth Amendment to the United States Constitution.” Goldstein, 70 Ohio St.3d 232, 638 N.E.2d 541, 543 (1994) (quoting U.S. Sprint Communications Co., Ltd. Partnership v. Mr. K’s Foods, Inc., 68 Ohio St.3d 181, 624 N.E.2d 1048, 1051 (1994)). Jurisdiction of Ohio courts does not extend fully to the limits of the Due Process Clause. See Goldstein v. Christiansen, 638 N.E.2d at 545 n. 1. Thus, merely finding that jurisdiction comports with federal due process standards is not sufficient in Ohio; rather, both prongs of analysis must be satisfied. See id. The burden of establishing jurisdiction lies generally with the Plaintiff. See American Greetings Corp., 839 F.2d at 1168 (<HOLDING>). The extent of the burden depends upon whether 
 Holding statements: (A) holding that the burden of proving a violation of the idea lies on the party seeking relief during the administrative process (B) holding that the burden is on the plaintiff (C) holding that the burden lies with the plaintiff in a rule 12b motion (D) holding that the burden of proof lies on the party asserting the protection of the work product doctrine (E) holding motion to dismiss an indictment pursuant to rule 12b is not a device for a summary trial of the evidence the sole function of this motion is to test the sufficiency of the indictment to charge an offense
[EX A]:
(C)