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: objectively by a reasonable person. Cooper v. Albacore Holdings, Inc., 204 S.W.3d 238, 244-45 (Mo.App.E.D.2006). Here, the trial court found that the Employer’s alleged conduct was not sufficient as a matter of law to objectively establish severe or pervasive hostility based on a disability. Whether “a reasonable person would objectively consider [an employer’s] behavior towards [a claimant] severe enough to alter the conditions of her employment and create an abusive working environment” is a question of fact. Cooper, 204 S.W.3d at 245; see also Howard, 149 F.3d at 840; 37 William C established, whether a reasonable person would similarly find the conduct offensive will generally be a question of fact for the jury. Cf. Meyerkord v. Zipatoni Co., 276 S.W.3d 319, 326 (Mo.App.E.D.2008) (<HOLDING>); Y.G. v. Jewish Hasp, of St. Louis, 795 S.W.2d 
 Holding statements: (A) holding that a person is seized when a reasonable person would have believed that he was not free to leave (B) holding that whether misrepresentations would be highly offensive to a reasonable person are questions for a jury (C) holding that questions of proximate cause are within the exclusive domain for the jury and may only be removed when reasonable minds cannot differ (D) holding in determining whether driver was insured under terms of policy exclusion of person using vehicle without a reasonable belief person was entitled to do so must be considered (E) holding that whether an encounter is consensual hinges on whether a reasonable person would have felt free to disregard the police and go about his business

Answer: holding that a person is seized when a reasonable person would have believed that he was not free to leave


Question: allege no physical harm resulting from Wells Fargo’s voluntary undertaking of services. See Torrington Co. v. Stutzman, 46 S.W.3d 829, 838 (Tex.2000) (“One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other’s person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other’s reliance upon the undertaking.” (quoting Restatement (Second) of Torts § 323 (1965))) (emphasis added); see also Vodicka v. Lahr, No. 03-10-00126-CV, 2012 WL 2075713, at *6 (Tex.Ct.App. Jun. 6, 2012) (<HOLDING>). CONCLUSION For the foregoing reasons, we 
 Holding statements: (A) holding that plaintiffs failed to state a claim for negligent undertaking because that tort requires proof of physical harm resulting from failure to exercise reasonable care in rendering services to another and plaintiffs had alleged only economic harm (B) holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself (C) holding that plaintiffs who alleged a subjective chill of their first amendment rights failed to establish specific present objective harm or a threat of specific future harm (D) holding that section 4149 did not apply to the plaintiffs state law claims of breach of duty to protect foster care children from harm and of negligent supervision negligent entrustment and negligent failure to warn (E) holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort

Answer: holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself


Question: Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

Answer:
recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify