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:
criminal activity, strictly liable to a person injured by such handgun during the course of a crime? 3) Does the Rohm Revolver Handgun Model RG38S, serial number 0152662, fall within the category referred to in question 2? Kelley, 304 Md. at 131, 497 A.2d 1143. 7 . The Court also discussed the effective date of the "modification of Maryland common law tort principles” it had fashioned. Id. at 161-62, 497 A.2d 1143. 8 . The majority of these cases have discussed the Court’s ability or willingness to modify the common law. See Parker v. State, 337 Md. 271, 283 n. 7, 653 A.2d 436 (1995); State v. Hawkins, 326 Md. 270, 292-94, 604 A.2d 489 (1992); Owens-Illinois, Inc. v. Zenobia, 325 Md. 420, 469-70, 601 A.2d 633 (1992); Murphy v. Edmonds t, Inc., 17 Md.App. 646, 659, 303 A.2d 432 (1973) (<HOLDING>) 10 . We alternatively based our decision on 
 Holding statements: (A) holding that the court of appeals lacks the authority to overrule decisions of the supreme court of north carolina and has a responsibility to follow those decisions until otherwise ordered by the supreme court (B) holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals (C) holding that this court will consider a petition for a writ of certiorari only after the court of appeals has overruled the application for rehearing on the point challenged in the petition implying that the decision by the court of criminal appeals must be final before certiorari review would be available (D) holding the fact remains however that such standard appears to be the law of this state as enunciated in the decisions of the court of appeals discussed previously unless those decisions are either explained away or overruled by the court of appeals itself this court must follow what a majority of its members discern to be the precept to be drawn from them ie proof of fraud in a civil action either in law or in equity must be clear and convincing only the court of appeals could disabuse of that notion (E) holding that the court need not follow a decision of the district of columbia court of appeals where  it appears that the  court of appeals itself would not follow that decision
answer:
(D)


question:
for a rational jury to find that Defendant Cloud was a member of the conspiracy for which he was indicted. The evidence demonstrated that Defendant Cloud combined his money together with Hall to purchase large quantities of drugs on repeated occasions. Defendant Hall testified that they would pool their money together and buy an eighth or a quarter of a kilogram of crack cocaine “every day almost.” In addition, Defendant Cloud sold drugs on repeated occasions to Collier, Felix, Wilson, Ralph Jones, Jermaine Jones, and Walker. Notably, Defendant Cloud’s distribution to Jermaine Jones occurred two to three times per week over the period in question. This evidence clearly can establish more than a buyer/seller relationship; it suffices to establish a conspiracy. See Brown, 332 F.3d at 373 (<HOLDING>). 2. Defendant Abdullah The evidence is 
 Holding statements: (A) holding that a close relationship between alleged conspirators and repeated large volume transactions were sufficient to establish a conspiracy (B) holding that the defendants purchase or sale of a large volume of narcoticsin that case one kilogram of cocainecreates an inference that he is a willful member of the conspiracy (C) holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators (D) holding that while a simple buy and sell transaction is not sufficient for proof of a conspiracy repeated transactions for large quantities are sufficient to support an inference that the buyer and seller were engaged in a conspiracy (E) holding that evidence of specific uncharged drug trafficking offenses were not extrinsic to prosecution for conspiracy to possess and distribute cocaine where the events occurred within the time period of the alleged conspiracy and were demonstrative of the conspirators conduct
answer:
(A)


question:
Court. See State v. Perez, 2002-NMCA-040, ¶ 11, 132 N.M. 84, 44 P.3d 530. Nor does Gabriel request this Court to review his plea agreement for fundamental error, another exception to preservation. See State v. Jason F., 1998-NMSC-010, ¶ 10, 125 N.M. 111, 957 P.2d 1145 (declining to apply the preservation exceptions when they were not argued on appeal). Under these circumstances, we do not reach the issue of Gabriel’s plea agreement. {26} Gabriel next contends that there are no facts in the record indicating he “helped, aided, or encouraged” the setting of the fire. See UJI 14-2822 NMRA 2004 (listing elements of accessory to a crime). Having been raised for the first time on appeal, the issue is not preserved. See Cockrell v. Cockrell, 117 N.M. 321, 323-24, 871 P.2d 977, 979-80 (1994) (<HOLDING>). Gabriel does not argue that the question is 
 Holding statements: (A) holding that because the appellant did not present to the administrative agency the argument it raised before this court the issue was not preserved and holding that even if preserved the argument failed (B) holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court (C) holding that where the fourth amendment question was raised at trial but not preserved on direct appeal in the state court the defendants failure to raise the issue on appeal in the state courts did not suffice to avoid stone (D) holding trial court did not err in failing to conduct a hearing on motion for reinstatement when appellants failed to call to the trial courts attention the need for a hearing (E) holding that the defendants failure to call the insufficiency of the evidence to the trial courts attention rendered the issue not preserved
answer:

(E)