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.

Q: on CRiminal Justice, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). In 1997, the legislature amended the child pornography statute to eliminate a loophole in the existing statute that impeded prosecution of individuals for possession or promotion of child pornography depicted or distributed by computer. Id.; House Comm, on CRiminal JURISPRUDENCE, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). There is nothing in these materials to suggest that the legislature intended to prohibit anything other than pornography depicting actual children. Therefore, we conclude that the Texas child pornography statute prohibits only the possession of visual materials depicting real children. Because the Texas statute only prohibits pornography depicting actual children, the sta App.1991) (<HOLDING>). Appellant also contends that the statute is 
 Holding statements: (A) holding twentyeight charges against defendant for possession of child pornography were not multiplicious (B) holding that private possession of child pornography is not protected by the first amendment (C) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (D) holding that an overbreadth challenge to a child pornography law was rendered moot by amendment to the statute (E) recognizing continuing harm from defendants knowing possession of child pornography

A: (B)
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Q: But he claims that release at age 60 is a geriatric release and the functional equivalent of life without parole in violation of the Eighth Amendment. He also argues that such release violates the principles in Graham, Miller, and Montgomery because release at age 60 provides only grim prospects for any meaningful future outside prison. [¶12.] Even if Charles’s 92-year sentence is equivalent to a sentence of life without parole, that alone does not mean his sentence is unconstitutional under Eighth Amendment precedent. The United States Supreme Court bars mandatory life sentences without parole against juvenile homicide offenders, not discretionary sentences of life without parole. See Miller, 567 U.S. at -, 132 S.Ct. at 2469; State v. Springer, 2014 S.D. 80, ¶ 15, 856 N.W.2d 460, 466 (<HOLDING>). [¶13.] In response, Charles asks this Court 
 Holding statements: (A) holding sentences of life without parole unique in their severity (B) holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence (C) recognizing that njeither graham nor miller explicitly  apply to the functional equivalent of life without parole ie de facto life sentences (D) holding that consecutive fixedterm sentences for juveniles who committed multiple nonhomicide offenses are not clearly unconstitutional under graham even when they amount to the practical equivalent of life without parole (E) holding that williams fiftyyear sentence is not a de facto life sentence in violation of graham

A: (C)
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Q: the defendant’s breach of contract and bad faith refusal to pay the claims do not raise a federal question and, therefore, removal was improper. The plaintiffs contend this is a private contractual dispute between an insured and a health cáre insurer and argue the well-pleaded complaint rule should govern this case. Removal of a state court action based on federal question jurisdiction is proper only if the action asserts a claim “arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. §§ 1331, 1441. Ordinarily, as plaintiffs contend, a ease “arises under” federal law only when a federal question appears on the face of the plaintiffs’ well-pleaded complaint. Caterpillar Inc. v. Williams, 482 U.S. 386, 391-92, 107 S.Ct. 2425, 2428-29, 96 L.Ed.2d 318 (1987) (<HOLDING>). Under that rule, a ease cannot be removed 
 Holding statements: (A) holding the presence or absence of federalquestion jurisdiction is governed by the veil pleaded complaint rule which provides that federal jurisdiction exists only where a federal question is presented on the face of the plaintiffs properly pleaded complaint (B) holding that exercise of jurisdiction over plaintiffs state law claims was proper on the basis of supplemental jurisdiction even though the plaintiffs had erroneously claimed diversity jurisdiction because a legitimate federal question was also presented and the state law claims formed part of the same case or controversy as the federal claim (C) holding that a claim not pleaded in the petition ie the complaint was not properly before the court on a motion for summary judgment (D) holding despite authority for the general proposition that the duty to defend is determined based on the allegations of the complaint that an insurer had no duty to defend where the underlying claim was covered by the policy based on the facts pleaded in complaint but other facts not appearing in the complaint excluded coverage (E) holding that where the statute of frauds is pleaded the burden is on the plaintiff to demonstrate that a sufficient writing exists

A:
(A)
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