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:
abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 3. Inflict bodily harm upon or to terrorize the victim or another person. 2 . Faison v. State, 426 So.2d 963, 965-66 (Fla.1983). 3 . See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), cert. denied, 503 U.S. 1009, 112 S.Ct. 1773, 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (<HOLDING>), superseded by statute as recognized in Davis 
 Holding statements: (A) holding that when the legislature intends to punish separate acts even ones in close temporal proximity the blockburger test does not apply because the precondition for employing that test that the two offenses involve the same conduct is absent (B) holding that the right to control the means by which the work is accomplished is clearly the most significant test of the employment relationship and observing that many of the other factors enumerated in the restatement second are merely evidentiary indicia of the right to control (C) recognizing that other courts have found the type of test reliable but finding that this particular urinalysis test was unreliable since the lab did not perform a backup test or identify lab test results and state left questions about how probationers diabetes affected the results (D) holding that the faison test does not apply to false imprisonment and observing that the test has no application when the charge alleges that the defendant kidnapped the victim with any of the other specific intentions identified in  78701lal 3 or 4 (E) holding that a defendant charged with kidnapping with the intent to inflict bodily harm upon or terrorize the victim is not entitled to a faison instruction
answer:
(D)


question:
the sophisticated user defense, a supplier has no duty to warn the ultimate user if it has reason to believe that the user will realize its dangerous condition. Gray v. Badger Mining Corp., 676 N.W.2d 268, 276 (Minn.2004); see also Ritchie v. Glidden, 242 F.3d 713, 724 (7th Cir.2001) (stating, under Indiana law, that the sophisticated purchaser defense to a failure-to-warn claim brought under negligence or strict liability theories provides that product suppliers do not have a duty to warn employees or customers of knowledgeable industrial purchasers as to product-related hazards). In addition to limiting a supplier’s duty, the “sophisticated user” concept also affects the element of proximate cause. Crook v. Kaneb Pipe Line Operating P’ship, L.P., 231 F.3d 1098, 1102 (8th Cir.2000) (<HOLDING>); Strong, 667 F.2d at 688 (“Even if [the 
 Holding statements: (A) holding that negligence must be the proximate cause of injury (B) holding in a negligence action that the air traffic controllers failure to warn of an impending danger cannot be the proximate cause of an injury after the pilot himself discovered its presence appreciated the danger and decided to fly ahead into it (C) holding that use of tangible property must be proximate cause of injury and that property does not cause injury if it does no more than furnish the condition that makes the injury possible (D) holding that if a user actually knows of the danger a failure to warn cannot be a proximate cause of the injury (E) holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury
answer:
(D)


question:
furnished”). This court need not decide at this time whether or not the Utah Supreme Court would follow Hootch. The plaintiffs’ specific claims in this case are for violations of the federal constitution’s equal protection provisions and for violations of various federal laws. Kowallis’s “rather broad dicta” appears to make the state constitutional guarantee of open schools coextensive with equal protection guarantees. The court will therefore address the defendants’ duty in the context of the plaintiffs’ equal protection claim. G. The Plaintiffs’ Equal Protection Claim (First Claim for Relief) The plaintiffs’ first claim for relief alleges that the defendants have deliberately discriminated against the plaintiffs based on their race, in violat 96 S.Ct. 943, 948, 47 L.Ed.2d 106 (1976) (<HOLDING>); Morton v. Mancari, 417 U.S. 535, 553-55, 94 
 Holding statements: (A) holding the argument that the state and federal constitutions required appointed counsel in adoption proceeding was not preserved (B) holding that defamation action is not a proceeding arising in a bankruptcy case (C) holding no state court jurisdiction in an adoption proceeding (D) holding that parties not related to the child could not file an adoption petition and later prove the unfitness of the natural parents because the child was not available for adoption as defined in the adoption act parents had to be found unfit before petition could be filed (E) holding that indians could be denied access to state courts in connection with an adoption proceeding arising on a reservation
answer:

(E)