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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Example Input: ” Boone v. Commonwealth, 14 Va.App. 130, 133, 415 S.E.2d 250, 251 (1992). “A battery is an unlawful touching of another.... Whether a touching is a battery depends on the intent of the actor, not on the force applied.” Adams v. Commonwealth, 33 Va.App. 463, 468-69, 534 S.E.2d 347, 350 (2000) (citation omitted). “ ‘[T]he slightest touching of another ... if done in a rude, insolent, or angry manner, constitutes a battery for which the law affords redress.’ ” Id. at 469, 534 S.E.2d at 350 (citation omitted). Accordingly, where Vaughn claims he only intended to scare Robinson and did not intend to shoot or wound him, Vaughn would not be entitled, in my opinion, to have the jury instructed on assault and battery. See Wynn v. Commonwealth, 5 Va.App. 283, 292, 362 S.E.2d 193, 198 (1987) (<HOLDING>). A second theory supported by the evidence is 
 Holding statements: (A) holding that shooting at a person intending only to scare the person where no touching or wounding occurs supports instructing the jury on simple assault (B) holding that simple assault includes urinating on another (C) holding with no analysis that any person or organization who may be legally liable therefor applies to a person legally liable for injuries caused by an accident   4 when under the facts of the case the only person to whom the clause could have applied was a tortfeasor (D) holding that punching another person is a statutory assault (E) holding simple assault is a lesser included offense of recklessly endangering another person
Example Output: holding that simple assault includes urinating on another

Example Input: arm’s-length transaction or from making as prompt or searching investigation as might otherwise be expected. In some situations there is no legal duty to use means available for discovering the fraud.... We are not prepared to say, however, that one in a relationship of trust and confidence is always justified as a matter of law in neglecting every precaution until something occurs to arouse his suspicions. Courseview, 312 S.W.2d at 205; Duthu v. Pena, 228 F.3d 409, 2000 WL 1056126, at *7-9 (5th Cir.2000) (unpublished) (collecting cases). This case presents precisely the sort of intentional concealment of ill-gotten profits (in the face of a duty to disclose such profits) that allows a plaintiff to benefit from equitable estoppel. See Borderlon v. Peck, 661 S.W.2d 907, 908 (Tex.1983) (<HOLDING>);. Gibson v. Burkhart, 650 S.W.2d 185, 188-89 
 Holding statements: (A) holding a cause of action accrues once an injury has occurred and manifested itself (B) holding that because a physician lias a duty to disclose a negligent act or fact that an injury has occurred and physician failed to do so cause of action was deferred until victim learned of the right of action (C) recognizing negligent procurement to be a negligence cause of action (D) recognizing cause of action (E) recognizing the cause of action
Example Output: holding a cause of action accrues once an injury has occurred and manifested itself

Example Input: neither cause nor prejudice). Although a court "must apply Teague before considering the merits of the claim” when the government challenges the retroactive application of a decision, Caspari v. Bohlen, 510 U.S. 383, 389, 114 S.Ct. 948, 127 L.Ed.2d 236 (1994), a disposition based on the appellant’s procedural default does not require us to decide the merits of the underlying Apprendi claim. See United States v. Lafayette, 337 F.3d 1043, 1048 n. 7 (D.C.Cir.2003). 10 . See Bousley, 523 U.S. at 623, 118 S.Ct. 1604 ("It is important to note ... that ‘actual innocence’ means factual innocence, not mere legal insufficiency.”). 11 . See Randy Hertz & James S. Liebman, Federal Habeas Corpus Practice 0, 766, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946)). 17 . See Frady, 456 U.S. at 172, 102 S.Ct. 1584 (<HOLDING>); Dale, 140 F.3d at 1054 (finding no prejudice 
 Holding statements: (A) holding that plaintiff bears burden of proving malice to defeat qualified privilege once defendant shows privilege applies (B) holding in a murder case that the strong uncontradicted evidence of malice in the record coupled with the defendants utter failure to come forward with a colorable claim that he acted without malice disposes of his contention that he suffered  actual prejudice from an instructional error that relieved the government of the burden of proving that element (C) holding that the government bears the burden of proving voluntary consent under the totality of the circumstances (D) holding that the defendant bears the burden of proving outside contact with the jury (E) holding a school principal seeking recovery for defamation has the burden of showing actual malice
Example Output:
holding that plaintiff bears burden of proving malice to defeat qualified privilege once defendant shows privilege applies