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.

Ex Input:
of the offense charged but convict on the included offense. However, the mere chance that a jury may reject uncontroverted testimony and convict on the lesser charge does not require the trial court to instruct the jury on the lesser charge." People v. Ramires, 18 P.3d 822, 827 (Colo.App.2000) (internal citations omitted). 184 The offense of patronizing a prostituted child requires, as relevant here, "knowingly engaging in an act" where "a child perform[s] or offer[s] or agree[s] to perform ... any [sexual] act ... in exchange for money." § 18-7-406(1)(a), 18-7-401(6). Based on the language of the statute, actual performance of a sexual act is not necessary; a mere offer or agreement to perform is sufficient, provided money has been promised. See supra Part V.A; Madden, 111 P.3d at 460 (<HOLDING>). 185 Here, because the uncontrovert-ed 
 Holding statements: (A) holding that a mortgage transfer does not take effect until the mortgagee gives value in exchange for the mortgage (B) holding determination of property value in case to decide if assessed value was excessive is not a liquidated demand where only evidence of property value was the conclusory allegation of value in plaintiffs unsworn petition (C) holding that a party invoking a  547c1 defense must prove the specific measure of the new value given to the debtor in exchange for what was received (D) holding that patronizing a prostituted child requires some record evidence that the defendant attempted to give anything of value  in exchange for sex (E) holding that under 11 usc  547c4 a later payment in exchange for new value only deprives the defendant of the new value defense if the later payment is an otherwise unavoidable transfer

Ex Output:
(D)


Ex Input:
Defendants’ Mot. for Summ. Judg. at 22 (“Plaintiffs appear to be claiming that they are entitled to ‘Class of One’ review[.]”)) Furthermore, County Defendants did not explicitly address the appeal issue anywhere in their motion. Given this background, it was not error for the Court to ascribe the “class of one” argument to Plaintiffs’ equal protection challenge, nor was it error for the Court to find that County Defendants had not met their burden on the question of summary judgment. To the extent that County Defendants now contend that Plaintiffs “class of one” argument must fail because no other party has appealed for a waiver, this is a new argument that is not appropriate in a motion for reconsideration. See Haw. Stevedores, Inc. v. HT & T Co., 363 F.Supp.2d 1253, 1269 (D.Haw.2005) (<HOLDING>). Should County Defendants wish to re-visit 
 Holding statements: (A) holding court will generally not consider arguments presented for the first time on appeal (B) holding that reconsideration pursuant to rule 59 cannot be premised on the same arguments presented in the complaint and motions (C) holding that motions for reconsideration are not appropriate if the movant asks the court to hear new arguments or supporting facts that could have been presented originally (D) holding that reconsideration may not be based on evidence and legal arguments that could have been presented at the time of the challenged decision (E) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration

Ex Output:
(D)


Ex Input:
their motion for summary judgment. We review a district court’s decision to deny a motion for summary judgment for an abuse of discretion. Romstadt v. Allstate Ins. Co., 59 F.3d 608, 615 (6th Cir.1995). Ortiz v. Jordan, — U.S. —, 131 S.Ct. 884, 889, 178 L.Ed.2d 703 (2011), precludes our consideration of most of the issues defendants raise with respect to their motions for summary judgment and to dismiss. But because Ortiz leaves open the possibility that cases “involving] ... [only] disputes about the substance and clarity of pre-existing law” may still be considered, Id. at 892, we briefly consider two legal arguments for summary judgment on the state law claims. See also Owatonna Clinic-Mayo Health Sys. v. Med. Protective Co. of Fort Wayne, Ind., 639 F.3d 806, 809-10 (8th Cir.2011) (<HOLDING>); Fireman’s Fund Ins. Co. v. North Pacific Ins. 
 Holding statements: (A) holding that we will not review the pretrial denial of a motion for summary judgment after a full trial and judgment on the merits (B) recognizing that ortiz did not address the issue of whether a denial of a summary judgment motion was appealable after a final judgment if the denial was based on a legal question rather than on the existence of material facts in issue (C) holding the denial of a motion for summary judgment on an issue which is later submitted to the jury is not reviewable (D) holding that we will not review under any standard the pretrial denial of a motion for summary judgment after a full trial and final judgment on the merits (E) holding that the existence of genuine issues of material facts render not appealable a pretrial denial of summary judgment on the issue of qualified immunity

Ex Output:

(B)