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.
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Question: first, that under New Jersey law a plaintiff assumes the risk of voluntarily participating in a sporting activities, citing Meistrich v. Casino Arena Attractions, Inc., 31 N.J. 44, 155 A.2d 90 (1959) and Pona v. Blvd. Arena, 35 N.J.Super. 148, 113 A.2d 529 (App.Div.1955), and that Buglioli voluntarily participated in a “cat and mouse game.” These cases provide no defense. First, the court knows of no decision after New Jersey adopted its comparative negligence statute interposing “assumption of risk” as a complete defense in a negligence action. To the contrary, a recent case arising from a contact sport accident formulated an appropriate rule by adjusting the standard of care, not by finding “assumption of risk.” See, e.g., Crawn v. Campo, 257 N.J.Super. 374, 608 A.2d 465 (1992) (<HOLDING>). Second, the court finds no New Jersey case 
 Holding statements: (A) holding prison official must have acted with reckless disregard for the inmates safety (B) holding no evidence of reckless disregard for safety of others when officer entered intersection without stopping and witness did not hear brakes being applied (C) holding that an unlawful act committed with the intent to injure or in a grossly negligent manner that proximately causes death is involuntary manslaughter and that criminal liability is imposed in the latter instance because although the defendants acts are not inherently wrong the defendant has acted or failed to act with awareness of the risk to safety and in wilful disregard of the safety of others (D) holding in actions arising from a contact sport accident plaintiff must show defendant acted in reckless disregard of the safety of others or intentionally (E) holding that cjulpable negligence is negligence of a gross and flagrant character which evinces a reckless disregard for the safety of others

Answer: holding prison official must have acted with reckless disregard for the inmates safety


Question: statement during closing argument regarding his personal opinion of the defendant’s guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor’s improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that “the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct”); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P. 
 Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously  is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc  1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment

Answer: holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment


Question: 1997))). However, most courts have interpreted “conduct” to refer to the defendant’s underlying conduct giving rise to the plaintiff-relator’s cause of action. See, e.g., United States ex rel. Bergman v. Abbot Labs., 995 F.Supp.2d 357, 380, No. 09-4264, 2014 WL 348583, at *17-18 (E.D.Pa. Jan. 30, 2014) (noting a ease “allowing claims under the Texas statute to proceed without intervention if filed after the date of the amendment, but only as they pertain to fraudulent conduct occurring after the date of amendment” and dismissing a plaintiff-relator’s TMFPA claims as “ap-plie[d] to allegedly fraudulent conduct that occurred before May 4, 2007” (citing United States ex rel. Streck v. Allergan, Inc., 894 F.Supp.2d 584, 604 (E.D.Pa.2012))); Streck, 894 F.Supp.2d at 604-05 (E.D.Pa.2012) (<HOLDING>); United States v. HCA Health Servs. of 
 Holding statements: (A) holding that the 2007 amendments to the tmfpa allow a plaintiffrelator to proceed without the state only with regard to fraudulent acts that occurred after the effective date of the amendment (B) holding that the commission on remand can set the effective date of a rate to be the effective date of the original commission activity (C) holding that the date of discrimination is the date on which a decision not to hire a plaintiff becomes effective (D) holding that wife could receive permanent total disability payments after the death of her husband where the husbands claim was pending before the effective date of the 2008 statutory amendments and was still pending at the time of his death even though husbands death occurred after the effective date of the 2008 statutory amendments as wifes status as a dependent was subject to determination as of the time of husbands injury (E) holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act

Answer:
holding that the commission on remand can set the effective date of a rate to be the effective date of the original commission activity