TASK DEFINITION: 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.
PROBLEM: 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

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

PROBLEM: in a 3-2 decision does not settle the intent issue, because Honkanen did not consider the difference between intent to injure or inflict pain and intent to correct. Additionally, Honkanen’s rationale may be outdated in light of the 2001 amendments to NRS 48.061, which expand the use of bad-act evidence in domestic violence cases, 2001 Nev. Stat., ch. 360, § 1, at 169; see NRS 33.018(1)(a) (defining “domestic violence” to include battery on an accused’s minor child), and Bigpond, which recognizes that character evidence can be admissible so long as it has a credible, non- propensity purpose, such as explaining the relationship dynamics between a domestic-violence victim and the accused. 128 Nev. at 111, 270 P.3d at 1246; see also Harris v. State, 195 P.3d 161, 182 (Alaska Ct. App. 2008) (<HOLDING>). Cherry, J., concurring in part and dissenting 
 Holding statements: (A) holding that admission of rule 404b evidence was proper (B) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (C) recognizing that the holding in harvey v state 604 p2d 586 590 alaska 1979 a case similar to honkanen had been abrogated by the amendment of alaskas rule 404b to allow admission of prior incidents of domestic violence as an exception to the general rule against admitting such evidence (D) recognizing general rule (E) recognizing this as the general rule

SOLUTION: holding that admission of rule 404b evidence was proper

PROBLEM: visibly impaired, third offense. On September 27, 2011 (four days after trial), the prosecution filed a second amended felony information to increase defendant’s habitual-offender level back to fourth-offense status. Defendant did not object to this amendment, and on December 5, 2011, the trial court sentenced him as a fourth-offense habitual offender. II. ANALYSIS Defendant’s only argument on appeal is that the trial court erred by sentencing him as a fourth-offense habitual offender. Defendant did not raise this issue before the trial court; therefore, our review is for plain error. See People v Carines, 460 Mich 750, 763-764; 597 NW2d 130 (1999). To avoid issue forfeiture under the plain-error rule, defendant must prove the following: ( 69-470; 117 S Ct 1544; 137 L Ed 2d 718 (1997) (<HOLDING>). MCL 769.13 governs the procedure for seeking 
 Holding statements: (A) recognizing that plain error analysis requires 1 error 2 that is plain 3 that affects defendants substantial rights and 4 that seriously affects fairness integrity or public reputation of judicial proceedings (B) holding that the closure of a courtroom during jury selection a structural error did not seriously affect the fairness integrity or public reputation of the judicial proceedings (C) holding that even if a defendant is able to show that there was a plain error that affected his substantial rights a court of appeals is not required to reverse a conviction unless it finds that the error seriously affected the fairness integrity or public reputation of judicial proceedings (D) holding that plain error will be identified only if 1 there is error 2 that is clear or obvious rather than subject to reasonable dispute 3 that affects defendants substantial rights and 4 that seriously impugns fairness integrity or public reputation of judicial proceedings (E) holding that a plain error did not seriously affect the fairness integrity or public reputation of the judicial proceedings even though the error was assumed to have affected substantial rights

SOLUTION:
recognizing that plain error analysis requires 1 error 2 that is plain 3 that affects defendants substantial rights and 4 that seriously affects fairness integrity or public reputation of judicial proceedings