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: the jury during final jury instructions not to consider any testimony it had stricken or ordered the jury to disregard during trial. See United States v. Liburd, 607 F.3d 339, 344, 53 V.I. 890 (3d Cir. 2010) (“[W]hile curative instructions cannot repair every error, we do generally presume that juries follow their instructions.”). Finally, as discussed above in section B, the People presented overwhelming evidence that Augustine was the individual who pulled a gun and started shooting at Officers Greaves, Wharton, and Allen. Based on these factors, Officer Wharton’s statement — given in response to a question — would not have been sufficiently prejudicial to warrant a mistrial even if Augustine’s attorney had requested one at trial. See Ethridge v. State, 418 P.2d 95, 100 (1966) (<HOLDING>). Thus, we conclude that the Superior Court did 
 Holding statements: (A) holding that prejudice was not shown where there was overwhelming evidence of guilt (B) holding mistrial not warranted for improper statement by police officer where court sustained defendants objection and admonished jury to disregard statement and where there was overwhelming evidence of guilt (C) holding that the trial court did not abuse its discretion in denying defendants motion for mistrial where the trial court sustained defendants objections to a question by the prosecutor containing improper information and instructed the jury to disregard the question (D) holding that improper statement was rendered harmless because the district court sustained the defendants objection  and admonished the jury to disregard the statement (E) holding that while the prosecutors question was improper in light of the overwhelming evidence there was no reversible error in the denial of defendants motion for mistrial

Answer: holding that prejudice was not shown where there was overwhelming evidence of guilt


Question: P.2d 171, 174-75 (1997) (providing that a party seeking to change custody must establish that circumstances have substantially changed since the most recent custodial order, and that any events that took place before the prior proceedings cannot be used to show changed circumstances). Although we will not substantively review the decree’s child custody arrangement because of mootness, we note, in passing, that a district court, faced with evidence that one parent is attempting to disrupt the other parent’s 8 (1993); see also NRS 125.480(1) (providing that the sole consideration in awarding custody of a child is the best interest of the child). 11 84 Nev. 710, 447 P.2d 664 (1968). 12 Id. at 711, 447 P.2d at 665. 13 Cf. Hopper v. Hopper, 113 Nev. 1138, 1143, 946 P.2d 171, 174-75 (1997) (<HOLDING>). 14 Most v. Most, 477 A.2d 250, 263 (Me. 1984) 
 Holding statements: (A) recognizing that conduct that preceded the prior custody determination cannot be admitted to show a change in circumstances (B) holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances (C) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (D) holding that a subsequent petition may be filed upon a showing of a change in circumstances (E) holding court cannot change custody without showing that change is in best interests of child

Answer: holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances


Question: Arbitrator manifestly disregarded the law in reaching h'er final decision. See Pl. Mot. at 20 n.16. She does so only in a footnote, however, and never affirmatively argues that “manifest disregard” is still a proper ground for vacatur in light of recent Supreme Court decisions. Id.; see also ARMA, S.R.O. v. BAE Sys. Overseas, Inc., 961 F.Supp.2d 245, 268 (D.D.C. 2013) (discussing Supreme Court’s equivocation in Hall Street Associates, 552 U.S. at 585, 128 S.Ct. 1396, on whether manifest disregard of law can be basis for vacatur of arbitral award). The Court thus considers the issue forfeited. Huntington v. Dep’t of Commerce, 234 F.Supp.3d 94, 101, 2017 WL 211301, at *4 (D.D.C. Jan. 18, 2017); Gold Reserve Inc. v. Bolivarian Republic of Venezuela, 146 F.Supp.3d 112, 126-27 (D.D.C. 2015) (<HOLDING>); see Hutchins v. District of Columbia, 188 
 Holding statements: (A) holding that the validity of a collateral waiver is a threshold issue (B) holding that the waiver in two previous contracts was insufficient to support waiver of the contract at issue in that appeal (C) holding that failure to raise issue at district court forecloses party from raising same issue on appeal (D) holding obliquely raising issue in footnote insufficient to surmount waiver threshold (E) holding that an argument raised only in a footnote of a brief is waived

Answer:
holding that the validity of a collateral waiver is a threshold issue