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.
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Question: that Nusspickel was guilty of the aggravated battery charges even though the jury convicted her on each charge of the lesser-included offense of simple battery and (2) misconduct that had not been charged and proved relating to her alleged contact with one of the victims after the charged incidents. She also asserts that the State cannot carry its burden to show that the judge did not rely on these impermissible considerations. Generally, the trial court’s imposition of a sentence that is within the minimum and maximum limits set by the legislature “is a matter for the trial Court in the exercise of its discretion, which cannot be inquired into upon the appellate level.” Shellman v. State, 222 So.2d 789, 790 (Fla. 2d DCA 1969); see also Booker v. State, 514 So.2d 1079, 1082 (Fla.1987) (<HOLDING>); Darby v. State, 216 So.2d 29, 30 (Fla. 3d DCA 
 Holding statements: (A) recognizing that we review the sentence imposed by a district court under the abuse of discretion standard (B) holding that a sentence imposed for a violation of supervised release will be upheld where 1 the district court considered the applicable policy statements 2 the sentence is within the statutory maximum and 3 the sentence is reasonable (C) recognizing that this court and the united states supreme court have embraced the notion that so long as the sentence imposed is within the maximum limit set by the legislature an appellate court is without power to review the sentence (D) holding that an appellate court has no jurisdiction to review a sentence imposed by the trial court that is within the limits prescribed by statute which is not the result of oppression prejudice or corrupt motive (E) holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant  according to the states sentencing guidelines

Answer: (C)


Question: Defendants contend that the amount awarded was excessive and shocking, such as to raise an irresistible inference that passion, prejudice or other improper influence invaded the trial. Defendants initially make this argument on the grounds that the disparity between punitive damages assessed against the “passive wrongdoer” (AGF) is too large in contrast to the amount assessed against the “active wrongdoer” (Risser). We reject this argument for many reasons. First, it assumes that AGF should not have been found liable for negligent retention of an employee. Obviously, the jury disagreed with this assessment. Second, the legal basis for assessing punitive damages on respondeat superior grounds is well-established. Plains Resources, Inc. v. Gable, 235 Kan. 580, 682 P.2d 653, 665 (1984) (<HOLDING>). In the U.S. Supreme Court’s recent deci sion, 
 Holding statements: (A) recognizing that restatement second of torts  323 and 324a correctly state pennsylvania law (B) recognizing kansas courts adoption of restatement second of torts  909 1977 (C) recognizing that restatement second of torts   416 to 429 are often overlapping (D) recognizing tentative draft of restatement second of torts  652e (E) recognizing that kansas supreme court would accept the final draft of the restatement second of torts  652e adopted in 1977

Answer: (B)


Question: “writing and uploading reports.” (FAC ¶ 58.) The Court finds that these facts alone are insufficient to state a claim that the time is compensable because the FAC contains no facts indicating whether it was necessary for Wolman or Iwasiuk to complete these tasks outside of their scheduled shifts. With respect to Lundy, the FAC states that he arrived thirty minutes early to each shift to be updated by the nurse working the prior shift and he stayed thirty minutes after each shift to finish charting and update the nurse working the following shift. (FAC ¶ 60.) The Court finds that these facts state a plausible claim that his off-shift work was necessary for the proper and efficient performance of his job. See Kosakow v. New Rochelle Radiology Assocs., 274 F.3d 706, 718 (2d Cir.2001) (<HOLDING>). in. Training Programs “Time spent attending 
 Holding statements: (A) holding that a radiological technologist was entitled to compensation for the fifteen minutes spent before her shift each day turning on the xray processing machine letting it warm up and performing tests on the machine because the proper performance of her job required this preparatory work to be completed when the first walkin patient could potentially arrive (B) holding the government proved the defendant had a reasonable opportunity to observe the minor when among other things he spent twenty minutes taking pictures of her for her backpage ad (C) holding that it was proper for the medical examiner to estimate the victims time of death based on the results of her investigators lividity test as it was standard procedure for her to rely on tests performed by members of her office (D) holding that the something more requirement was met when after a factory worker complained to her supervisor that her machine was not operating properly the workers supervisor told her to go back to work quit whining and just deal with it (E) holding that an applicant who convincingly demonstrated that she could not rely on the authorities to protect her from her fathers abuse and that by turning to governmental authorities for help her circumstances may well have worsened was not required to report private persecution to government authorities to qualify for asylum

Answer:
(A)