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. 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.
question:
it was given voluntarily. If these questions are resolved in favor of the State, then, without being advised of the court’s decision, the jury shall be instructed that they should decide whether in view of all the same circumstances the defendant’s confession is true. If they find that it is not true, then they must treat it as inadmissible and disregard it for purposes of discharging them function as fact finders on the ultimate issue of guilt or innocence. [Id. at 272, 294 A.2d 23.] See also State v. Thomas, 76 N.J. 344, 366, 387 A.2d 1187 (1978) (reaffirming Hampton principle that trial court is sole arbiter of voluntariness of defendant’s statements and rejecting defendant’s invitation to overrule decision); State v. Bowman, 165 N.J.Super. 531, 537-39, 398 A.2d 908 (App.Div.1979) (<HOLDING>). The New Jersey Rules of Evidence codified the 
 Holding statements: (A) holding prosecutors statement to jury on summation that trial court had previously found defendants two confessions voluntary constituted reversible error even though trial court gave hampton charge because it failed to instruct jury to disregard prosecutors statement (B) holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge (C) holding that improper statement was rendered harmless because the district court sustained the defendants objection  and admonished the jury to disregard the statement (D) holding no injury to ashley shown by statement to widow of murder victim that was not in evidence because trial court gave sua sponte instruction to jury to disregard statement and statement did not contradict ashleys testimony (E) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error
answer:
holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge


question:
Brown’s argument that she was speaking as a citizen is supported by the fact that ordinary citizens may similarly report public misconduct to the Auditors. See Conn. Gen. Stat. § 4-61dd (conferring right to file reports with Auditors on “any person”). The existence of a civilian analogue to Brown’s conduct strengthens her allegations that her speech was as a citizen and thus protected by the First Amendment. See Matthews I, 779 F.3d at 176. The instant case is not similar to other cases of its type that were dismissed at the motion to dismiss stage. In many of those cases, the plaintiff-employee had made an admission that the alleged speech was made, at least in part, pursuant to his or her official duties. See Matthews v. Lynch, 483 Fed.Appx. 624, 626 (2d Cir. 2012) (Matthews III) (<HOLDING>); Anemone, 629 F.3d at 116. Here, there is no 
 Holding statements: (A) holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel (B) holding that a plaintiff did not complain to the eeoc pursuant to official duties but rather as a citizen (C) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (D) holding that speech was pursuant to official duties because plaintiff conceded at oral argument that as an internal affairs officer he had a broad responsibility to investigate and report police misconduct (E) holding police officer is a public official
answer:
holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel


question:
does not allege that his injuries were the result of a discriminatory policy, see id. 70 . O'Rourke, 235 F.3d at 731 ("This court has identified several criteria in determining the sufficiency of a serial continuing violation claim, which we summarize here: (1) is the subject matter of the discriminatory acts sufficiently similar that there is a substantial relationship between the otherwise untimely acts and the timely acts? (2) are the acts isolated and discrete or do they occur with frequency or repetitively or continuously? (3) are the acts of sufficient permanence that they should trigger an awareness of the need to assert one's rights?”) (internal quotation marks omitted). See also Sabree v. United Broth. of Carpenters and Joiners Local No. 33, 921 F.2d 396, 402 (1st Cir.1990) (<HOLDING>). 71 . See National R.R. Passenger Corp. v. 
 Holding statements: (A) holding that the most important factor in the preservation hierarchy is whether the relevant issue was raised in the trial court and the least important factor is whether the appellant alerted the trial court to the specific argument raised on appeal (B) recognizing that the third factor permanence is the most important (C) recognizing temporal proximity as important factor (D) recognizing that the supreme court has referred to the policy of avoiding piecemeal litigation as by far the most important colorado river factor (E) recognizing that the most important factor in determining whether a governmental entity is entitled to eleventh amendment immunity is whether a judgment against it would be paid from the state treasury
answer:

holding that the most important factor in the preservation hierarchy is whether the relevant issue was raised in the trial court and the least important factor is whether the appellant alerted the trial court to the specific argument raised on appeal