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: the jury during final jury instructions not to consider any testimony it had stricken or ordered the jury to disregard during trial. See United States v. Liburd, 607 F.3d 339, 344, 53 V.I. 890 (3d Cir. 2010) (“[W]hile curative instructions cannot repair every error, we do generally presume that juries follow their instructions.”). Finally, as discussed above in section B, the People presented overwhelming evidence that Augustine was the individual who pulled a gun and started shooting at Officers Greaves, Wharton, and Allen. Based on these factors, Officer Wharton’s statement — given in response to a question — would not have been sufficiently prejudicial to warrant a mistrial even if Augustine’s attorney had requested one at trial. See Ethridge v. State, 418 P.2d 95, 100 (1966) (<HOLDING>). Thus, we conclude that the Superior Court did 
 Holding statements: (A) holding that prejudice was not shown where there was overwhelming evidence of guilt (B) holding mistrial not warranted for improper statement by police officer where court sustained defendants objection and admonished jury to disregard statement and where there was overwhelming evidence of guilt (C) holding that the trial court did not abuse its discretion in denying defendants motion for mistrial where the trial court sustained defendants objections to a question by the prosecutor containing improper information and instructed the jury to disregard the question (D) holding that improper statement was rendered harmless because the district court sustained the defendants objection  and admonished the jury to disregard the statement (E) holding that while the prosecutors question was improper in light of the overwhelming evidence there was no reversible error in the denial of defendants motion for mistrial

Output: holding that prejudice was not shown where there was overwhelming evidence of guilt


Input: Consider Input: effect of an admission by a defendant against a codefendant. {10} Although Rule 1-036 does not address whether a defendant’s deemed admissions can be used against a codefendant, this Court has held that such admissions may not be used against a codefendant. See Wilson v. Galt, 100 N.M. 227, 236, 668 P.2d 1104, 1113 (Ct.App.1983) (stating that Rule 1-036 admissions apply to and bind the party making the admissions, not codefendants). Moreover, other courts that have addressed this issue have likewise concluded that the admissions of a defendant cannot be used against a codefendant. See, e.g., Becerra v. Asher, 105 F.3d 1042, 1048 (5th Cir.1997) (“Deemed admissions by a party opponent cannot be used against a co-party.”); United States v. Wheeler, 161 F.Supp. 193, 198 (W.D.Ark.1958) (<HOLDING>); Darnall v. Petersen, 8 Neb.App. 185, 592 
 Holding statements: (A) holding that a plaintiff has exhausted his administrative remedies when his claim is deemed denied because of failure of administrator to respond in a timely manner (B) holding that failure to file timely responses to a request for admissions renders them admitted (C) holding that plaintiffs failure to respond to argument warranted dismissal with prejudice (D) holding that facts deemed admitted as to one defendant because of his failure to respond to the plaintiffs request for admissions are not binding on a codefendant (E) holding that requests for admissions seeking purely legal conclusions are inappropriate and the failure to respond to such a request may not be the basis for a summaiy judgment

Output: holding that a plaintiff has exhausted his administrative remedies when his claim is deemed denied because of failure of administrator to respond in a timely manner


Input: Consider Input: a cause of action in negligence, a plaintiff must prove the following three elements: (1) a duty of care owed by defendant to plaintiff; (2) breach of that duty by a negligent act or omission; and (3) damage proximately resulting from the breach of duty. E.g., Bloom v. Ravoira, 339 S.C. 417, 529 S.E.2d 710 (2000). Evidence is relevant and admissible if it has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Rules 401, 402, SCRE. It is well settled that the admission and rejection of testimony is largely within the trial court’s sound discretion, the exercise of which will not be disturbed on appeal absent an abuse of that discretion. A.2d 1033, 1034-35 (1982) (<HOLDING>); Stone v. United Eng’g, 197 W.Va. 347, 475 
 Holding statements: (A) holding that construction safety manuals and codes were properly admitted as objective standards of safe construction (B) holding that occupational health and safety administration osha standards were admissible (C) holding that flexibility in park services standards for establishing speed limits did not mean that the standards basic scientific safety specifications may be disregarded (D) holding that safety standards regarding the safe design and use of trampolines including astm standards were admissible on the issue of the defendants negligence even though the defendants were unaware of the standards (E) holding that when state educational benefits exceed minimum federal standards the state standards are enforceable through the idea


Output: holding that construction safety manuals and codes were properly admitted as objective standards of safe construction