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 Input:
of his criminal history and likelihood of reoffending. Currie notes that most of his prior convictions were remote and that he has demonstrated both a decrease in criminal behavior since 1990 and a decrease in violent conduct since 2006. However, the vast majority of Currie’s adult life has been spent in prison, undermining his argument that his reduction in criminal convictions during this period is indicative of reduced criminality. Notably, Currie’s dozens of institutional would impose the same sentence as a variance sentence, even if it erred in its Guidelines calculations or application of U.S.S.G. § 4A1.3(a). And although Currie identified nonfrivolous mitigating factors in support of a lower sentence, see, e.g., United States v. Howard, 773 F.3d 519, 532-33 (4th Cir. 2014) (<HOLDING>), we cannot conclude, in view of the totality 
 Holding statements: (A) holding as a matter of law that a child of the tender age of 3 years and 8 months could not have realized the risk or danger of an artificial body of water (B) holding that adea plaintiff had failed to make a prima facie case of age discrimination when he was replaced by someone only two years younger and within the protected age group and there was no other evidence of age discriminatory motive (C) recognizing reduced culpability in youthful offenders and inverse correlation between inmates age and risk of recidivism (D) holding that a statement of fact relating to the plaintiffs age was not direct evidence of age discrimination because the relevance of the comment is provided by inference (E) holding age discrimination claim barred

Ex Output:
(C)


Ex Input:
business is a disputed question of fact which cannot be resolved on summary judgment. State Auto disputes Appellants’ arguments and also posits in the alternative that, even if Kraus was an “insured” at the time he committed the acts in question, Appellants’ false imprisonment claims were subsumed by their sexual assault claims. As discussed below, we conclude that the district court correctly found that the determination of whether Kraus was an “insured” under the policy is a question of law where the pertinent facts are undisputed, that the policy is not ambiguous, and that Kraus’s acts fall within the Criminal-Acts Exclusion. Because we affirm the district court on those grounds, we do not reach State Auto’s alternative argument in support 2d 349, 633 N.W.2d 707 (Wis.Ct.App.2001) (<HOLDING>); Michelet v. Scheuring Sec. Servs. Inc., 680 
 Holding statements: (A) holding the question of whether insurance companys requests were reasonable under policy language was a fact question (B) holding that the question of whether an employee was acting within the course and scope of his employment or while performing duties related to the conduct of the employers business for purposes of insurance coverage were questions of fact that precluded summary judgment particularly since there was a question regarding the employees intent in performing the act in question (C) holding that issues of fact precluded summary judgment on the question of whether an employee was acting within the course and scope of his employment for purposes of insurance coverage when the employee was simply sitting in his vehicle in his employers parking lot waiting for the business to open at the time the accident occurred (D) holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury (E) holding that generally the question of waiver and estoppel is a question of fact

Ex Output:
(B)


Ex Input:
prevail on a bad faith claim against Defendant, Plaintiff must establish by clear and convincing evidence: “(1) that the insurer lacked a reasonable basis for denying benefits; and (2) that the insurer knew or recklessly disregarded its lack of reasonable basis.” Klinger v. State Farm Mut. Auto. Ins. Co., 115 F.3d 230, 233 (3d Cir.1997) (citing Terletsky, 649 A.2d at 688). To meet the clear and convincing evidence standard, the evidence must be “so ‘clear, direct, weighty and convincing’ so as to enable the court to make its decision with ‘a clear conviction.’ ” Polselli v. Nationwide Mut. Fire Ins. Co., 23 F.3d 747, 752 (3d Cir.1994) (citing In re Estate of Fickert, 461 Pa. 653, 337 A.2d 592, 594 (1975)); see also U.S. Fire Ins. Co. v. Royal Ins. Co., 759 F.2d 306, 309 (3d Cir.1985) (<HOLDING>). B. Analysis To determine whether Defendant’s 
 Holding statements: (A) holding that a bad faith claim must be met through the clear and convincing evidence standard (B) holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied (C) holding that even if the standard for waiver is clear the standard was not met (D) holding that bad faith andor prejudice must be shown by clear and convincing evidence (E) holding that release status must be proven by clear and convincing evidence through reliable documentary evidence

Ex Output:

(A)