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.

Q: ” Boone v. Commonwealth, 14 Va.App. 130, 133, 415 S.E.2d 250, 251 (1992). “A battery is an unlawful touching of another.... Whether a touching is a battery depends on the intent of the actor, not on the force applied.” Adams v. Commonwealth, 33 Va.App. 463, 468-69, 534 S.E.2d 347, 350 (2000) (citation omitted). “ ‘[T]he slightest touching of another ... if done in a rude, insolent, or angry manner, constitutes a battery for which the law affords redress.’ ” Id. at 469, 534 S.E.2d at 350 (citation omitted). Accordingly, where Vaughn claims he only intended to scare Robinson and did not intend to shoot or wound him, Vaughn would not be entitled, in my opinion, to have the jury instructed on assault and battery. See Wynn v. Commonwealth, 5 Va.App. 283, 292, 362 S.E.2d 193, 198 (1987) (<HOLDING>). A second theory supported by the evidence is 
 Holding statements: (A) holding that shooting at a person intending only to scare the person where no touching or wounding occurs supports instructing the jury on simple assault (B) holding that simple assault includes urinating on another (C) holding with no analysis that any person or organization who may be legally liable therefor applies to a person legally liable for injuries caused by an accident   4 when under the facts of the case the only person to whom the clause could have applied was a tortfeasor (D) holding that punching another person is a statutory assault (E) holding simple assault is a lesser included offense of recklessly endangering another person

A: holding that simple assault includes urinating on another
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Q: the rate must make a threshold showing that the rate at issue is unreasonable. Milne, 970 F.2d at 570; Covey, 763 F.Supp. at 482-83. Relevant factors in the determination include “relevant rate comparisons, a carrier’s proffer of a particular rate, and whether the rate would have moved the traffic had it been asserted at the time the shipments took place.” Matter of Brown Transport Truckload, Inc., 144 B.R. 183, 187 (Bankr.N.D.Ga.1992). One common method of making a prima facie showing of unreasonableness is to provide affidavit testimony demonstrating a significant disparity between the rates sought to be charged by the carrier and the rates charged by competing carriers at the time in question. See, e.g., Vining v. The Eureka Co., 1992 WL 370520, at *2 (N.D.Ill. Dec. 8, 1992) (<HOLDING>); Matter of Brown, 144 B.R. at 187 (noting 
 Holding statements: (A) holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo (B) holding eighty percent increase in demanded rates and showing that original rates were competitive with other carriers was prima facie unreasonable (C) holding prima facie showing of unreasonableness made by presenting evidence that tariff rates in effect at time of shipments were well above rates paid to other carriers for same service (D) holding that absence of competitive injury was not a defense to prima facie violation of  2e (E) holding that a prima facie case is subject to independent review

A: holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo
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Q: the record to reach a determination of whether Horton was properly found guilty of theft of property or failure to appear, because Rule 37.1 does not afford a convicted defendant a means to challenge the sufficiency of the evidence to sustain a conviction. Chatmon, 2016 Ark. 126, 488 S.W.3d 501. Next, Horton contended in his petition that the trial court should have considered his claims “individually and collectively.” Even if he had not stated the allegations in entirely conclusory terms, it is well settled that a court is not required to recognize cumulative error in assessing allegations of ineffective assistance of counsel. See Noel, 342 Ark. 35, 26 S.W.3d 123; see also Pedraza v. State, 2016 Ark. 85, 485 S.W.3d 686 (per curiam); State v. Hardin, 347 Ark. 62, 60 S.W.3d 397 (2001) (<HOLDING>). Finally, Horton argues in his brief that the 
 Holding statements: (A) holding error was structural because of the difficulty of assessing the effect of the error (B) holding cumulative error not reversible if it is more probably harmless than not (C) holding that to demonstrate a claim of ineffective assistance of counsel petition must establish that the alleged error was prejudicial in fact (D) holding that errors not rising to level of plain error are to be considered in assessing cumulative error (E) holding that it was reversible error for the trial court to consider cumulative error in assessing claims of ineffective assistance of counsel

A:
holding error was structural because of the difficulty of assessing the effect of the error
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