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 Q]: if the absence of sufficient evidence to the contrary ...”); Douglas by Kelly v. Bd. of Edu., 127 Ill.App.3d 79, 82 Ill.Dec. 211, 468 N.E.2d 473, 476 (1984) (finding that where a school’s window pane fell on plaintiff while she was sitting at her desk, plaintiff was entitled to a directed verdict based on res ipsa loqui-tur); Moore v. Atchison, 28 Ill.App.2d 340, 171 N.E.2d 393 (1960) (finding that directed verdict for the plaintiff was proper where there was no direct evidence as to why two trains collided, even though the defendant showed that the equipment was properly inspected and in excellent working order, because the circumstances made the inference of negligence so strong that reasonable men could not reject it); Silvern v. Barbagallo, 195 N.Y.S.2d 32 (N.Y.Sup.Ct.1959) (<HOLDING>); Richard Equipment Corp. v. Manhattan Indus. 
 Holding statements: (A) holding that the injured passenger of a cab was entitled to summary judgment against the driver because the prima facie proof is so convincing that the inference of negligence is inescapable (B) holding the standard of proof in summary judgment rulings is the same as it would be at trial (C) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (D) holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case (E) holding that a prima facie case is subject to independent review
[EX A]: (A)

[EX Q]: or “plain error” exists. See, e.g., State v. Brown, 853 P.2d 851, 853-54 (Utah 1992); State v. Gibbons, 740 P.2d 1309, 1311 (Utah 1987); State v. Steggell, 660 P.2d 252, 254 (Utah 1983). In the present case, or in any similar case, the only way that a defendant could challenge the constitutionality of section 78 — 3—31(6)(a) would be first to consent to a hearing by a commissioner and then to challenge the validity of that very consent. Such a procedure would likely be futile inasmuch as it would invariably result in the withdrawal of the consent, either by the defendant or by court order. Indeed, absent the approach taken by Ohms, it is unlikely that section 78-3-31(6)(a) would ever be subject to constitutional scrutiny. This is precisely the sort of exceptional circu Ct.App.1990) (<HOLDING>). For example, a legislator cannot appoint 
 Holding statements: (A) holding that utah const art vi  1 limits legislatures ability to delegate legislative powers or functions to others (B) holding that the governor of new york has only those powers delegated to him by the state constitution and the statutes (C) holding that the contact clause reaches every form in which the legislative power of a state is exerted whether it be a constitution a constitutional amendment an enactment of the legislature a bylaw or ordinance of a municipal corporation or a regulation or order of some other instrumentality of the state exercising delegated legislative authority (D) holding that crime definition and penalty powers are essential legislative functions that cannot constitutionally be delegated by the utah legislature to any other person or body (E) holding that legislative functions such as powers of zoning and rezoning cannot be delegated
[EX A]: (D)

[EX Q]: and it deposition testimony given by Charlie Thomas in two prior lawsuits, Marshak v. Arista Records, Civ. Index No. 96-3032(JBW)(S.D.N.Y.), and Marshak v. Green, Civ. Index No. 79-3458(EW)(S.D.N.Y.). Portions of these depositions were read into the record during Marshak’s cross-examination in this case. See Trans, at 347-51, 388-94. In the Arista deposition, Thomas testified that he had joined The Drifters during the late 1950s at the request of George Treadwell. See id. at 347. Thomas also testified that Treadwell was the manager of the group and that Treadwell made all final decisions relating to performances, costumes, appearance bookings, musical content, travel arrangements, and personnel changes. See id. at 347-51, 389; see also Rick v. Buchansky, 609 F.Supp. 1522 (S.D.N.Y.1985)(<HOLDING>). Thomas further stated that he considered 
 Holding statements: (A) holding that consistent with our rejection of the group pleading doctrine we do not construe allegations contained in the complaint against the defendants as a group as properly imputable to any particular individual defendant unless the connection between the individual defendant and the allegedly fraudulent statement is specifically pleaded (B) holding that a plaintiff in a reverse discrimination case need show only that he is a member of a protected group and whites are a protected group under title vii (C) holding that in the absence of written contracts the manager of a singing group may own the rights to the name if he or she remains continuously involved with the group and is in a position to control the quality of its services (D) holding that once the defendant has submitted to the control of the officer and the process of taking him or her to the police station  has commenced his or her arrest is complete and he or she is in custody for the purposes of the escape statute (E) holding that plaintiffs statistics did not shed any light on the legally relevant issue because they did not indicate the group of applicants who were interviewed or even the group of applicants found qualified or the group of all applicants
[EX A]:
(C)