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. 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.
question:
(1993). This privilege has been given an “expansive reach” by California courts, as recognized by the California Supreme Court. See Rubin, 4 Cal.4th at 1194, 17 Cal.Rptr.2d 828, 847 P.2d 1044. This privilege affords absolute immunity against tort liability arising out of such a communication, regardless of attempts by the “plaintiff’ to “plead around” this “absolute barrier.” See id. at 1201-02, 17 Cal.Rptr.2d 828, 847 P.2d 1044. Thus, the immunity applies regardless of the particular label given to the cause of action (e.g., unfair competition). Section 47(b) protects participants in judicial proceedings from derivative tort actions based on communications in or regarding the judicial proceeding. See Dove Audio, Inc. v. Rosenfeld, 47 Cal.App.4th 777, 781-83, 54 Cal.Rptr.2d 830 (1996) (<HOLDING>). A “communication[ ] preparatory to or in 
 Holding statements: (A) holding that letter to possible coclaimants seeking support for filing of suit was covered by the privilege (B) recognizing privilege (C) holding that voluntary testimony by spouse is not covered by husbandwife privilege (D) holding that documents reflecting the department of educations review of a universitys compliance with title iv were covered by the privilege and rejecting the argument that a specific policy judgment is necessary for the privilege to apply because the privilege servesto protect the processes by which governmental decisions as well as policies are formulated (E) holding that the initial disclosure of a crime to one spouses without more is covered by the marital communications privilege
answer:
(A)


question:
fees, an award of reasonable fees is mandatory, as long as there is proof of reasonable fees ... and the plaintiff has been awarded damages.” Mathis v. Exxon Corp., 302 F.3d 448, 462 (5th Cir.2002), citing Tex. Civ. Peac. & Rem. Code Ann. § 38.001(8) (Vernon 2002). Accord Coffel v. Stryker Corp., 284 F.3d 625, 640 (5th Cir.2002) (“[t]he award of reasonable attorneys’ fees is mandatory under § 38.001 if the plaintiff prevails in his or her breach of contract claim and recovers damages”). The only discretion the Fifth Circuit permits is discretion to determine the amount of the attorney’s fees award. See id. The availability of a section 38.001 award is not conditioned on a contractual provision for attorney’s fees. See, e.g., Holland v. Wal-Mart Stores Inc., 1 S.W.3d 91, 95 (Tex. 1999) (<HOLDING>); Golden v. Murphy, 611 S.W.2d 914, 915 
 Holding statements: (A) holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees (B) holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute (C) holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract (D) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees (E) holding defendant waived request for fees pursuant to contract provision by only generally referring to fees in the answer and not citing the contract
answer:
(B)


question:
by riveting different types of metal and roofing material into the boot, together with a stainless steel bolt obtained from a hardware store. Adair specifically characterized this arrangement as "homemade.” 10 . See generally Ken Driggs, A Current of Electricity Sufficient in Intensity to Cause Immediate Death: A Pre-Furman History of Florida’s Electric Chair, 22 Stetson L.Rev. 1169 (1993). 11 . See, e.g., Buenoano, 565 So.2d at 315 (Kogan, J., dissenting): An expert in the design and construction of electric chairs, Fred Leuchter, Jr., reported that the Florida chair was not functioning properly because of its use of only a single "homemade” leg electrode. According to Leu-chter, an electric c urder, see, e.g., Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982) (<HOLDING>); Coker v. Georgia, 433 U.S. 584, 97 S.Ct. 
 Holding statements: (A) holding that the fact that defendant spent years on death row awaiting execution does not render the death penalty cruel and unusual punishment (B) holding aiding and abetting is not a discrete criminal offense (C) holding the death penalty disproportionately cruel and unusual when imposed for the crime of rape (D) holding the death penalty disproportionately cruel and unusual when imposed for aiding and abetting a robbery resulting in murder (E) holding that seventyfive to ninetynine years for robbery is not cruel and unusual punishment
answer:

(D)