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.
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Question: on the circuit court orders and the statements of defense counsel at the hearing. We hold that neither the doctors nor the trial court could rely on facts and legal conclusions within the circuit court orders. Thus, the doctors’ assertions at the hearing, which were based on facts within the orders, constituted factual statements of counsel. Moreover, the orders were, in effect, memoranda submitted by counsel. In any event, the trial court could not properly consider factual statements from either when deciding the motions, however they are characterized. Cf. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995) (noting that the ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint); Gilmore, 290 S.C. 53, 348 S.E.2d 180 (<HOLDING>). This is not to say that circuit court orders 
 Holding statements: (A) holding that the judge cannot consider factual statements of counsel in a motion for summary judgment (B) holding that unsworn statements may not be considered on a motion for summary judgment (C) holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment (D) holding that motion to dismiss cannot be treated as summary judgment (E) holding that conclusory statements without factual support are of no value to the court when deciding a summary judgment motion

Answer: holding that unsworn statements may not be considered on a motion for summary judgment


Question: individual has breached a duty of reasonable care. Bolick v. Sunbird Airlines, Inc., 96 N.C. App. 443, 386 S.E.2d 76 (1989), aff'd, 327 N.C. 464, 396 S.E.2d 323 (1990). Sudden emergency does not change or reduce the standard of reasonable care. It is simply one of the factors to be considered in determining whether a person acted reasonably under the circumstances. Id. The sudden emergency doctrine permits the court to call to the attention of the jury that an emergency faced by the actor may influence its determination of whether specific conduct was reasonable under the circumstances. The doctrine of sudden emergency is not a legal defense which operates to bar an action. Id. But cf. Hinson v. Brown, 80 N.C. App. 661, 343 S.E.2d 284, rev. denied, 318 N.C. 282, 348 S.E.2d 138 (1986) (<HOLDING>). External forces that have been found to 
 Holding statements: (A) holding that trial court erred by instructing jury regarding sudden emergency (B) holding that sudden emergency is an affirmative defense which must be specifically plead (C) recognizing that mitigation of damages is an affirmative defense a party must plead and prove (D) holding that a claim of exemption is an affirmative defense which must be specifically pleaded (E) holding that to avoid an affirmative defense  a plaintiff must plead specifically matters of affirmative avoidance pursuant to rule 5508

Answer: holding that trial court erred by instructing jury regarding sudden emergency


Question: law) analysis on a pre-2005 (old law) case.” Appellants argue the Commission erred in that “[n]o mention was made in the award of the differing standards that were created by that major law change” and the “findings made by the Commission should show whether the basis of its decision was an issue of fact or a question of law” “in the light most favorable to [Employee].” Having reviewed the Commission’s lengthy award, we must disagree with Appellants. In our review we first note that Appellants urge error in the fact that the Commission did not mention “the differing standards that were created by th[e] major [2005] law change.” However, Appellants cite this Court to no authority for such a requirement. See Richmond v. Springfield Rehab & Healthcare, 138 S.W.3d 151, 154 (Mo.App.2004) (<HOLDING>). Additionally, in our review of the 
 Holding statements: (A) holding that an argument that fails to cite to supporting authority in support of claim presents nothing for review (B) holding that an issue is waived when a party fails to provide adequate citation to authority (C) holding that an appellant waived a claim where he failed to cite any legal authority in support of an argument in his appellate brief (D) holding waiver results if an appellant fails to properly develop an issue or cite to legal authority to support his contention in his appellate brief (E) holding that an appellate brief is deficient per the missouri rules of court where it fails to cite authority for an argument or fails to specify why such a citation is unavailable

Answer:
holding that an argument that fails to cite to supporting authority in support of claim presents nothing for review