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.

Input: Consider Input: 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

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


Input: Consider Input: This Court has reviewed these decisions and is in agreement with their reasoning and conclusions that the public policy exception does not give rise to a protected property interest in continued employment in this case. Likewise, the implied covenant is not the source of a protected property interest. The implied covenant of good faith and fair dealing applies to at-will employment and affords an employee the right to be dealt with fairly and in good faith. See Cantwell v. City of Boise, 146 Idaho 127, 191 P.3d 205, 213-14 (2008). Breach of the covenant may give rise to an action for wrongful termination but it does not convert at-will employment to term employment nor form the basis for a protected property interest. See Hollister v. Forsythe, 22 F.3d 950, 952-52 (9th Cir.1994) (<HOLDING>); Willnerd v. Sybase, Inc., No. 
 Holding statements: (A) recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate (B) recognizing cause of action for implied covenant of good faith and fair dealing in atwill employment contract (C) holding an implied covenant of good faith and fair dealing was insufficient to create a property interest in continued employment under montanas statutory scheme for at will employment (D) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (E) recognizing that evidence of breach of implied covenant of good faith and fair dealing may support punitive damages

Output: recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate


Input: Consider Input: (S.D.N.Y.1986) (quoting Lewis & Eugenia Van Wezel Foundation, Inc. v. Guerdon Indus., Inc., 450 F.2d 1264, 1267 (2d Cir.1971)). It is the borrowing of the money, not simply the execution of notes, that is the transaction of the business. See Lewis & Eugenia Van Wezel Foundation, 450 F.2d at 1267; Catalyst Energy, 630 F.Supp. at 1316. Here, the money was borrowed from a New York bank in New York, $50,000 of which was then deposited into Chemical Bank in New York. The totality of Ziifle’s alleged acts, whereby she availed herself of the benefits and protection of New York law, constitute sufficient purposeful contacts with New York to bring her within the réaeh of § 302(a)(1) of New York’s long arm statute. See Bank of New York v. Strumor, 179 A.D.2d 736, 579 N.Y.S.2d 124 (2d Dep’t 1992) (<HOLDING>). Ziifle’s alleged contacts with New York also 
 Holding statements: (A) holding that new york law applies to this matter (B) holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership (C) holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york (D) holding that a financial guaranty payable in new york is a contract to perform services in new york subjecting foreign guarantor to jurisdiction under  302a1 (E) holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action


Output: holding that new york law applies to this matter