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: in a 3-2 decision does not settle the intent issue, because Honkanen did not consider the difference between intent to injure or inflict pain and intent to correct. Additionally, Honkanen’s rationale may be outdated in light of the 2001 amendments to NRS 48.061, which expand the use of bad-act evidence in domestic violence cases, 2001 Nev. Stat., ch. 360, § 1, at 169; see NRS 33.018(1)(a) (defining “domestic violence” to include battery on an accused’s minor child), and Bigpond, which recognizes that character evidence can be admissible so long as it has a credible, non- propensity purpose, such as explaining the relationship dynamics between a domestic-violence victim and the accused. 128 Nev. at 111, 270 P.3d at 1246; see also Harris v. State, 195 P.3d 161, 182 (Alaska Ct. App. 2008) (<HOLDING>). Cherry, J., concurring in part and dissenting 
 Holding statements: (A) holding that admission of rule 404b evidence was proper (B) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (C) recognizing that the holding in harvey v state 604 p2d 586 590 alaska 1979 a case similar to honkanen had been abrogated by the amendment of alaskas rule 404b to allow admission of prior incidents of domestic violence as an exception to the general rule against admitting such evidence (D) recognizing general rule (E) recognizing this as the general rule

Answer: holding that admission of rule 404b evidence was proper


Question: Clause. ¶ 13. Respondent’s main interest in this case is his right to run for elected office. In general, the federal courts have declined to hold that the right to run for elective office is “fundamental,” a position that was applied in the seminal Clements decision. There, a plurality of the high court held that “[f]ar from recognizing candidacy as a fundamental right, we have held that the existence of barriers to a candidate’s access to the ballot does not of itself compel close scrutiny.” 457 U.S. at 963 405, 420 (W. Va. 2000) (concluding that constitutional provision forcing judges to vacate office before running for nonjudicial office was supported by “State’s compelling and permissible interest”); Wagner v. Milwaukee County Election Comm’n, 2003 WI 103, ¶ 78, 666 N.W.2d 816 (<HOLDING>). ¶ 16. Respondent’s constitutional arguments 
 Holding statements: (A) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (B) holding right to testify was federal constitutional right (C) holding that states legitimate interests in enacting constitutional provision prohibiting judges from holding other public office far outweigh the burdens put upon the petitioners right to be a candidate for office (D) holding that a school superintendent does not have a constitutional right to actually hold his position and execute the duties of the office (E) holding constitutional provision selfexecuting if it grants right that can be put into operation without further legislative action

Answer: recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights


Question: to summary judgment with respect to the plaintiffs claim for excessive force. B. Failure to Train and Supervise In her amended complaint, the plaintiff seeks to hold the Sheriffs Office, Sheriff Johnson, and PHS liable on the theory that they failed to adequately train and supervise the deputies and the medical personnel. However, because the plaintiffs claim against these defendants is predicated on their supervisory roles, the plaintiffs claim against them must also be dismissed. It is well established that there can be no liability under § 1983 on the part of a supervisory official or governmental employer in the absence of a constitutional violation on the part of the employees being supervised. Huggins v. Weider, 105 Fed.Appx. 503 (4th Cir.2004); see also Young, 238 F.3d at 579 (<HOLDING>). III. Plaintiff’s Claims Under State Law In 
 Holding statements: (A) holding that a section 1983 failuretotrain claim cannot be maintained against a governmental employer in a case where there is no underlying constitutional violation by the employee (B) holding that where no underlying constitutional violation occurred the city cannot be liable under monell (C) holding that recovery against an individual employee is barred and may be sought against the governmental unit only  when suit is filed against both the governmental unit and its employee id  101106e (D) holding that a claim for municipal liability under  1983 requires inter alia proof of an underlying constitutional violation (E) holding that a city may not be held liable under  1983 where there was no underlying constitutional violation by any of its officers

Answer:
holding that where no underlying constitutional violation occurred the city cannot be liable under monell