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. 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.
question:
the prescribed five working days after the registrant's birthday is not a defense. Barker, 34 Cal.4th at 350, 18 Cal.Rptr.3d 260, 96 P.3d 507 ("forgetting the mandatory registration requirement of section 290 is simply not a legitimate defense to the charge of willfully failing to register”). As a result, it is possible that Gonzalez violated § 290(a)(1)(D) through ordinary negligence by forgetting to register during the mandated five working day period. Because the record suggests that Gonzalez made a good faith effort to comply with the registration law, we find that little or no moral culpability attaches to his violation of § 290(a)(1)(D). 11 . Gonzalez’s sentence is also a high multiple of the plea offers he received. See Reyes v. Brown, 399 F.3d 964, 969 n. 9 (9th Cir.2005) (<HOLDING>). 12 . See, e.g., Rummel, 445 U.S. at 282, 100 
 Holding statements: (A) holding that plea offers are relevant to determining whether a three strikes sentence is grossly disproportionate to the triggering offense (B) holding that penalty clauses are enforceable unless they are found to be grossly unreasonable (C) holding that in determining whether a crime is a continuing offense the court must focus on the nature of the substantive offense and not on the specific characteristics of the conduct in the case at issue (D) holding that sentencing court could consider whether the applicable guidelines were outdated and disproportionate but that imposing sentence based on the guidelines did not render sentence substantively unreasonable (E) holding that plea of guilty or nolo contendere is not rendered involuntary because it is a product of plea bargaining an accepted plea bargain must be recorded and court may accept a bargained plea to a lesser offense reasonably related to a charged offense
answer:
holding that penalty clauses are enforceable unless they are found to be grossly unreasonable


question:
(applying Tennessee law); see also Kerr v. Coming Glass Works, 284 Minn. 115, 169 N.W.2d 587, 589 (1969). Most other courts, however, have set a lower bar. For example in Mondido v. Cory Corp., 483 F.Supp. 26 (E.D.N.Y. 1979), the plaintiff was injured when the glass carafe from her coffee pot broke. The carafe itself was manufactured by Corning, but it was converted into a coffee decanter and sold by Cory, a separate company. Id. at 27. After both companies were found liable, Corning moved for judgment notwithstanding the verdict arguing that the plaintiff failed to produce evidence sufficient to support the jury’s determination that the carafe was defective when it left Coming’s plant. Id. The court rejected the motion, noting the plaintiffs evidence that Cory converted the 1967) (<HOLDING>); Escola v. Coca Cola Bottling Co. of Fresno, 
 Holding statements: (A) holding that the trial court properly failed to instruct the jury on voluntary intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time of the offense although there was evidence that the appellant had been drinking beer on the day of the offense where there was no evidence concerning the quantity of beer he had consumed (B) holding that plaintiff had successfully traced the defective condition to the manufacturer where there was no evidence of tampering by the retailer (C) holding that manufacturer had no duty to warn its purchasers retailer and transporter of gas of dangers where those purchasers had operated a gas business for years were familiar with the trade journals and already knew the dangers (D) holding that there was a triable issue of fact whether a defendant who applied a sprayon fireproofing material was an agent for the manufacturer of the material and thus whether plaintiff is in privity with the manufacturer (E) holding a manufacturer strictly liable in tort for injury to plaintiff caused by defective power tool
answer:
holding that the trial court properly failed to instruct the jury on voluntary intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time of the offense although there was evidence that the appellant had been drinking beer on the day of the offense where there was no evidence concerning the quantity of beer he had consumed


question:
is devoted to contesting that Plaintiffs statements on the first day of the Harvard program fall within the ambit of the First Amendment. See Def. Hall Mot. at 14-15. However, even assuming that Plaintiffs statements at the Harvard program were not protected conduct, Plaintiffs other alleged actions—filing a lawsuit contending that government officials violated state law and criticizing one of those officials in the media—clearly are protected. See Fritz v. Charter Twp. of Comstock, 592 F.3d 718, 723 (6th Cir.2010) (comments in press protected activity); Eckerman v. Tenn. Dep’t of Safety, 636 F.3d 202, 208 (6th Cir.2010) (“The filing of a lawsuit to redress grievances is clearly protected activity under the First Amendment.”); Lowery v. Euverard, 497 F.3d 584, 587-588 (6th Cir.2007) (<HOLDING>). Hall does not suggest otherwise. See Def. 
 Holding statements: (A) recognizing first amendment retaliation right (B) recognizing that the first amendment encompasses criticism of government officials (C) recognizing criticisms of public officials is at core of speech protected by first amendment (D) holding that criticism of the defendants failure to express remorse penalized his assertion of fifth amendment rights (E) recognizing that the first amendment forbids government officials to discharge public employees for not being supporters of the political party in power
answer:

recognizing first amendment retaliation right