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:
v. Pembroke Real Estate, Inc., 459 F.3d 128, 142 (1st Cir.2006). Moreover, the broad scope of the Copyright Act definitions may be of limited assistance as the court applies a “common sense” analysis of whether a particular unfinished work may be covered by VARA. One of the co-sponsors of VARA observed that “we have gone to extreme lengths to very narrowly define the works of art that will be covered.... The definition is not synonymous with any other definition in the Copyright Act....” H.R.Rep. No. 101-514, at 11. In Lilley v. Stout, 384 F.Supp.2d 83 (D.D.C.2005), the district judge noted that “VARA established a new and distinct genus of art: ‘works of visual art,’ which differs in many respects from the pre-existing categories in Section 102(a) of the Copyright Act.” Id. at 86 (<HOLDING>). While this overview leaves much that is 
 Holding statements: (A) holding that a set of photographs taken to be used as studies for a painting did not qualify for vara protection (B) holding that the defendants evidence did not qualify as newly discovered evidence (C) holding negligence on the part of the attorney does not qualify for such relief (D) holding that use of a pretext phone call did not qualify for protection because the technique is generally known to the public (E) holding that purely reputational damage does not qualify for dueprocess protection
answer:
(A)


question:
criminal activity, strictly liable to a person injured by such handgun during the course of a crime? 3) Does the Rohm Revolver Handgun Model RG38S, serial number 0152662, fall within the category referred to in question 2? Kelley, 304 Md. at 131, 497 A.2d 1143. 7 . The Court also discussed the effective date of the "modification of Maryland common law tort principles” it had fashioned. Id. at 161-62, 497 A.2d 1143. 8 . The majority of these cases have discussed the Court’s ability or willingness to modify the common law. See Parker v. State, 337 Md. 271, 283 n. 7, 653 A.2d 436 (1995); State v. Hawkins, 326 Md. 270, 292-94, 604 A.2d 489 (1992); Owens-Illinois, Inc. v. Zenobia, 325 Md. 420, 469-70, 601 A.2d 633 (1992); Murphy v. Edmonds t, Inc., 17 Md.App. 646, 659, 303 A.2d 432 (1973) (<HOLDING>) 10 . We alternatively based our decision on 
 Holding statements: (A) holding that the court of appeals lacks the authority to overrule decisions of the supreme court of north carolina and has a responsibility to follow those decisions until otherwise ordered by the supreme court (B) holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals (C) holding that this court will consider a petition for a writ of certiorari only after the court of appeals has overruled the application for rehearing on the point challenged in the petition implying that the decision by the court of criminal appeals must be final before certiorari review would be available (D) holding the fact remains however that such standard appears to be the law of this state as enunciated in the decisions of the court of appeals discussed previously unless those decisions are either explained away or overruled by the court of appeals itself this court must follow what a majority of its members discern to be the precept to be drawn from them ie proof of fraud in a civil action either in law or in equity must be clear and convincing only the court of appeals could disabuse of that notion (E) holding that the court need not follow a decision of the district of columbia court of appeals where  it appears that the  court of appeals itself would not follow that decision
answer:
(D)


question:
the alleged acts of discrimination occurred in New York.” Id. 23 . See also Funk, 43 F.Supp.2d at 216, 219-20; Casper, 1998 WL 150993, at *10; Kudatzky v. Galbreath Co., No. 96 Civ. 2693, 1997 WL 598586, at *12 (S.D.N.Y. Sept. 23, 1997); Shapiro v. AEO/Ricoh, Inc., No. 96 Civ. 7274, at *5, 1997 WL 452026 (S.D.N.Y. Aug. 7, 1997); Olszewski v. Bloomberg, L.P., No. 96 Civ. 3393, 1997 WL 375690, at *7-*8 (S.D.N.Y. July 7, 1997); Bonner, 916 F.Supp. at 276-78; Randall v. Tod-Nik Audiology, Inc., 704 N.Y.S.2d 228, 2000 WL 261041, at *1 (1st Dep’t Mar. 7, 2000); Murphy v. ERA United Realty, 251 A.D.2d 469, 674 N.Y.S.2d 415, 418 (2d Dep’t 1998); Carter v. Andriani, 84 A.D.2d 513, 443 N.Y.S.2d 157, 158 (1st Dep’t 1981); cf. Nunez v. A-T Fin. Info., Inc., 957 F.Supp. 438, 442-43 (S.D.N.Y.1997) (<HOLDING>). 24 . Chapman argues that, because he has 
 Holding statements: (A) holding that claim for sons suicide was not actionable (B) holding statement that plaintiff was antisemitic not actionable (C) holding that conduct that was boorish vulgar and reprehensible was not actionable since it was unaccompanied by physical threats or abuse (D) holding it was not an abuse of discretion to exclude testimony (E) holding that the evidence was insufficient to support the plaintiffs sexbased hostile work environment claim because even though much of the complainedof conduct was boorish and offensive most of it was not personally experienced by the plaintiff
answer:

(C)