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: yet a third time under the discussion of ‘why.’ 934 S.W.2d at 457 (emphasis added). Finally, the court of appeals properly applied the Kraus factors and explained why the evidence supported the punitive damages award. Accordingly, we conclude that the court of appeals’ factual sufficiency review of the punitive damages award, despite the court’s occasional misleading language, was proper. IY. PUNITIVE DAMAGES AWARD-RECALCULATION Mobil also argues that the court of appeals erred by including, sua sponte, the estate’s actual damages in its punitive damages calculation, thereby adding $91,555.58 to the punitive damages award. We agree. A court of appeals cannot modify a judgment without a point of error asking it to do so. See Texas Nat’l Bank v. Karnes, 717 S.W.2d 901, 903 (Tex.1986)(<HOLDING>). Here, the jury charge asked the jury to 
 Holding statements: (A) holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees (B) holding merely that the evidence was sufficient to support the award of attorneys fees (C) holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees (D) holding that oncors request for the trial judge rather than the jury to determine the reasonableness of its attorneys fees and the failure to submit the question of attorneys fees to the jury resulted in a waiver of oncors claim for the recovery of attorneys fees (E) holding that the court of appeals erred in modifying the judgment to include attorneys fees when the trial courts refusal to grant attorneys fees was not the subject of a point of error

Output: (E)


Input: Consider Input: concerning a matter within the scope of the agency or employment, made during the existence of the relationship. However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) ("Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party.” (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (<HOLDING>); United States v. Durrani, 659 F.Supp. 1183 
 Holding statements: (A) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (B) holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution (C) holding in a criminal case that a statement by an unavailable declarant was not admissible as a declaration against his penal interest and was not admissible under rule 804b5 either (D) holding statements by coconspirator nontestimonial and thus admissible (E) holding alford plea admissible in burglary prosecution

Output: (B)


Input: Consider Input: Again, the trial judge’s findings were supported by competent evidence and worked no injury to Needleman. Whistler Sportswear, supra. Needleman urges that the court erred in awarding damages in an assumpsit action in excess of the plaintiffs prayer for relief. In support of this proposition, Needleman cites House of Pasta v. Mayo, 303 Pa.Super. 298, 449 A.2d 697 (1982). Needleman’s rebanee on House of Pasta is misplaced. House of Pasta discusses the trial judge’s discretion to mold a jury verdict to conform to the jury’s intent. In the present case, Needle-man was put on notice that the claim could exceed the stated amount by Bernhardt’s prayer for “whatever other relief this court deems just and proper.” See, e.g., Donlin v. J.J. Newberry Co., 319 Pa.Super. 310, 466 A.2d 174 (1983) (<HOLDING>). Accordingly, Needleman’s argument on this 
 Holding statements: (A) holding that a request for injunctive relief was merely incidental to a prayer for damages where it was designed to facilitate and ensure the satisfaction of any monetary relief the court might award (B) holding prayer for general relief does not support award of attorneys fees (C) holding that loss of earnings was sufficiently encompassed by general prayer for relief (D) holding that in determining capacity in which defendant was sued it is appropriate to consider course of proceedings and allegations in complaint including caption section identifying parties claim for relief and prayer for relief (E) holding prayer for general relief does not support award of commonlaw prejudgment interest as element of damages


Output: (C)