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.

Input: Consider Input: 1 We note that the Supreme Court of Georgia recently vacated portions of the trial court’s injunction order in Barham v. City of Atlanta, 292 Ga. 375 (738 SE2d 52) (2013). 2 Am. Petroleum Prods., Inc. v. Mom & Pop Stores, Inc., 231 Ga. App. 1, 7 (3) (497 SE2d 616) (1998) (punctuation omitted). 3 Levine v. Sun Trust Robinson Humphrey, 321 Ga. App. 268, 275 (3) (740 SE2d 672) (2013) (punctuation omitted). 4 Am. Petroleum Prods., 231 G 215 SE2d 294) (1975) (“[When] the complaining party cannot legitimately claim surprise, either because he knew of the existence of the witness or had equal means of knowing, it is not error to fail to invoke the sanctions of postponement, mistrial, barring the witness, etc.”). Cf. Malley Motors, Inc. v. Davis, 183 Ga. App. 599, 600 (1) (359 SE2d 394) (1987) (<HOLDING>). 18 See Hunter v. Nissan Motor Co. Ltd. of 
 Holding statements: (A) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness (D) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (E) holding that the jury is the judge of the weight and credibility given to witness testimony

Output: (C)


Input: Consider Input: basis in which defendants are considered. I question whether that concern for individuality exists under a system which not only admits expert testimony deduced without examining the subject but also, as in this case, accepts the possibility that jurors will allow that evidence, rather than factors more personal to a defendant’s crime and character, to effectively condemn that individual to death. 1 . As the Court of Criminal Appeals admitted, "the State’s case at [Flores’] punishment [hearing], to some extent, rested upon Dr. Griffith's testimony.” Flores v. State, 871 S.W.2d 83, 77 L.Ed.2d 1090 (1983) (allowing the use of psychological testimony on a defendant’s alleged "future dangerousness”); Penry v. Lynaugh, 492 U.S. 302, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989) (<HOLDING>); Franklin v. Lynaugh, 487 U.S. 164, 108 S.Ct. 
 Holding statements: (A) holding that the trier of fact must be allowed to consider and give effect to all relevant mitigating evidence (B) recognizing that texas courts have adopted the aamr definition of mental retardation providing that mental retardation must manifest before age of 18 years (C) holding that the sentencing structure allowed the jury to give mitigating effect to petitioners prison record (D) holding that the key under pewy i  is that the jury be able to consider and give effect to a defendants mitigating evidence in imposing sentence (E) holding that the sentencing procedure was inadequate in failing to allow jury to give mitigating effect to defendants mental retardation and abusive background

Output: (E)


Input: Consider Input: refers to tangible property. If an item of property is located somewhere, it has a physical form. Black’s defines “tangible” as: Having or possessing physical form. Capable of being touched and seen; perceptible to the touch; tactile; palpable; capable of being possessed or realized; readily apprehensible by the mind; real; substantial. Black’s Law Dictionary 1456 (6th ed.1990). A right to receive payments under a covenant not to compete has no physical form; it cannot be seen or touched. Thus, such a right is intangible. This interpretation follows the definition in Black’s for intangibles: Property that is a “right” such as a patent, copyright, trademark, etc, or one which is lacking physical existence; such as goodwill. Black’s Law Dictionary (6th ed.1990). W ankr.D.Mass.1991) (<HOLDING>); Sunshine v. Sanray Floor Covering Cory., 64 
 Holding statements: (A) holding that covenants prohibition on the employeedoctor from practicing health care of every nature and kind was unreasonable where the doctor had been employed to practice in the specialty of ophthalmology (B) holding that the debtors false statements about the location of assets of the estate were material to the proceedings (C) holdingthat the language of an arbitration clause applying to all claims demands disputes or controversies of every kind or nature that may arise  concerning the vehicle was not ambiguous and was broad enough to encompass the claims at issue (D) holding that validity of sale would be affected where settlement was approved and the debtors assets were transferred free and clear of all liens (E) holding description all of the debtors properties assets and rights of every kind and nature wherever located sufficient to cover equipment


Output: (E)