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:
clause. We conclude that reckless battery is a violent crime under the force clause, an issue not addressed by the Holloway opinion. See United States v. Booker, 644 F.3d 12, 20 & n.10 (1st Cir. 2011), cert. denied, 132 S. Ct. 1538 (2012). We further note that the Holloway court’s conclusion with respect to reckless battery accorded with then-binding instruction from the United States Supreme Court that the residual clause is limited to an offense that “typically involve[s] purposeful, ‘violent,’ and ‘aggressive’ conduct.” United States v. Holloway, supra at 260, quoting Begay v. United States, 553 U.S. 137, 144-145 (2008). Last year, however, the Supreme Court retreated from this characterization of the residual clause. Sykes v. United States, 131 S. Ct. 2267, 2270, 2277 (2011) (<HOLDING>). The Court iterated that “[t]he phrase 
 Holding statements: (A) holding that under indiana law fleeing an officer in a vehicle constitutes a violent felony under begay because the flight must be done knowingly or intentionally  (B) holding massachusetts conviction for larceny from the person constitutes violent felony under the residual clause of the acca (C) holding that burglary is violent felony (D) holding that vehicular flight from police officer after order to stop is violent felony under residual clause (E) holding that ohios thirddegree burglary statute constituted a violent felony under the residual clause of the armed career criminal act
answer:
(D)


question:
S.E.2d at 629 (emphasis added). Similarly, in Sparks v. Peacock, plaintiff husband filed an action in superior court seeking contributions for payments on promissory notes executed by both he and his wife. Unlike the Garrison litigants, however, the parties in Sparks had not brought an action for equitable distribution in district court. Based on the wife’s motion, the superior court dismissed the action for lack of subject matter jurisdiction. On appeal, this Court acknowledged the jurisdictional nature of section 7A-244, stating that if the parties had indeed brought an equitable distribution action and such action was pending pursuant to section 7A-244, the superior court would not have jurisdiction over the propriety of payments on the promissory note. Id. at 641, 500 S.E.2d at 118 (<HOLDING>); see also Ward v. Ward, 116 N.C. App. 643, 
 Holding statements: (A) recognizing that defendant correctly stated that the district court has jurisdiction over equitable distribution actions and citing section 7a244 (B) holding that the information must establish that the court has jurisdiction over both the subject matter and the parties (C) holding that personal jurisdiction over partner did not follow from jurisdiction over partnership citing sher (D) holding that court of claims has jurisdiction over actions for breach of standard contract (E) recognizing the difference between jurisdiction over an action and jurisdiction over an issue and holding that although section 2074207 vests the family court with exclusive jurisdiction over actions to determine paternity under section 621302a1 the probate court has jurisdiction to resolve the issue of paternity when the issue is essential to the probate courts determination of heirs
answer:
(A)


question:
rely on a warrant to search a house where the warrant affidavit stated that there was marijuana growing near the house and that there was a road from the house to the marijuana). Of course, the information in the affidavit does not eliminate the possibility that the marijuana came from somewhere else. The affidavit states that the trash was found at the end of a lane that dumped out into a rural highway. Admittedly, the trash could have been flung out the window of a passing car, or it could have fallen off the back of a garbage truck. However, when it comes to probable cause, the name says it all; certainty is never required, only a fair probability. When the issue is one of good-faith reliance, even less is necessary. See United States v. Bynum, 293 F.3d 192, 195 (4th Cir.2002) (<HOLDING>). The affidavit must simply bear some indicia 
 Holding statements: (A) holding that magistrate must have substantial basis for concluding that probable cause exists (B) holding that plaintiff was required to plead and prove the absence of probable cause to support his bivens claim (C) holding that the existence of probable cause for an arrest is a complete defense to a first amendment retaliation claim under the doctrine of qualified immunity (D) holding that the existence of probable cause in a  1983 case is a jury question (E) holding that leon requires a less demanding showing than the substantial basis threshold required to prove the existence of probable cause in the first place
answer:

(E)