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.

Q: abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 3. Inflict bodily harm upon or to terrorize the victim or another person. 2 . Faison v. State, 426 So.2d 963, 965-66 (Fla.1983). 3 . See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), cert. denied, 503 U.S. 1009, 112 S.Ct. 1773, 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (<HOLDING>), superseded by statute as recognized in Davis 
 Holding statements: (A) holding that when the legislature intends to punish separate acts even ones in close temporal proximity the blockburger test does not apply because the precondition for employing that test that the two offenses involve the same conduct is absent (B) holding that the right to control the means by which the work is accomplished is clearly the most significant test of the employment relationship and observing that many of the other factors enumerated in the restatement second are merely evidentiary indicia of the right to control (C) recognizing that other courts have found the type of test reliable but finding that this particular urinalysis test was unreliable since the lab did not perform a backup test or identify lab test results and state left questions about how probationers diabetes affected the results (D) holding that the faison test does not apply to false imprisonment and observing that the test has no application when the charge alleges that the defendant kidnapped the victim with any of the other specific intentions identified in  78701lal 3 or 4 (E) holding that a defendant charged with kidnapping with the intent to inflict bodily harm upon or terrorize the victim is not entitled to a faison instruction

A: (D)
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Q: ones in the present case, are capable of sustaining “direct physical loss or damage.” The definition of “physical,” as provided in the Oxford English Dictionary, is “[o]f or relating to natural phenomena perceived through the senses (as opposed to the mind); of or relating to matter or the material world; natural; tangible, conCrete.” Oxford English Dictionary, Ohio courts have recognized that “[m]oney deposited in a fund is intangible property,” Walther v. Central Trust Co., N.A., 70 Ohio App.3d 26, 32, 590 N.E.2d 375 (Ohio Ct.App.1990), and that “[i]ntangible personal property, by its very nature, is not capable of being physically possessed.” Denezza v. Denezza, 1996 WL 111812, *2, 1996 Ohio App. LEXIS 935, at *5 (Ct.App. Mar. 15, 1996) (citation omitted) (<HOLDING>); see also Falck v. United States, 2005 WL 
 Holding statements: (A) recognizing limited partnership interest as intangible personal property (B) recognizing that property not subject to physical seizure such as mutual fund shares are intangible property (C) recognizing that the government may seek a personal judgment specific property or substitute property (D) holding that plaintiffs may have a property interest in real property (E) recognizing that partnership property is a type of ownership

A: (A)
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Q: The estate of David L. Welsh (“Welsh”) appeals from the district court’s grant of summary judgment in favor of Metropolitan Life Insurance Company, et al. (“MetLife”), which administers an employee benefit plan governed by ERISA. We review for abuse of discretion MetLife’s denial of Welsh’s claim for long term disability benefits, see Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 967-69 (9th Cir.2006) (en banc) (<HOLDING>), and the district court’s denial of a portion 
 Holding statements: (A) holding that plan administrator of an erisa health plan did not have to anticipate the confusion of a plan participant (B) holding that because no plan document granted discretion to the plan administrator and because the fiduciaries had not expressly delegated their discretionary authority to the plan administrator the district court properly employed the de novo standard of review (C) holding that similar language conferred discretion on the plan administrator (D) holding that the appropriate standard of review is abuse of discretion (E) holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator

A:
(E)
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