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: 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

Output: (B)


Input: Consider Input: court failed to question any of the prospective jurors regarding their understanding and acceptance of the first Zehr principle, defendant is presumed innocent of the charges against him. With regard to the second Zehr principle, the State’s burden of proof, the circuit court questioned the prospective jurors as to whether they would sign the appropriate verdict form if the State had or had not met its burden of proof. This was a “general question concerning the juror’s willingness to follow the law” (177 Ill. 2d R. 431, Committee Comments, at lxxix) which did not comply with the 2007 amended rule’s requirement that the court question the prospective jurors regarding their understanding and acceptance of the State’s burden. See also People v. Anderson, 389 Ill. App. 3d 1, 8 (2009) (<HOLDING>). The circuit court questioned the prospective 
 Holding statements: (A) holding that plan did not comply (B) holding that such a general question regarding the prospective jurors willingness to follow the law did not comply with the 2007 amended version of rule 431b (C) recognizing general rule (D) holding that the february 28 2007 interim rule was invalid because it failed to comply with the administrative procedure act (E) recognizing that jurors are presumed to follow instructions

Output: (B)


Input: Consider Input: jurisdiction] has not been met: (1) the complaint did not specify an amount of damages, and it was not otherwise facially apparent that the damages sought or incurred were likely above [$75,000.00]; (2) the defendants offered only a conelusory statement in their notice of removal that was not based on direct knowledge about the plaintiffs claims; and (3) the plaintiffs timely contested with a sworn, unrebutted affidavit indicating that the requisite amount in controversy was not present.”) (emphasis added). The presence of a binding affidavit submitted by the plaintiff that limits her ability to recover more than the jurisdictional amount would, if offered, place this case squarely within Dow Química’s holding. See also Gebbia v. Wal-Mart Stores, Inc., 233 F.3d 880, 883 (5th Cir.2000) (<HOLDING>); In re Norplant Contraceptive Prods. Liability 
 Holding statements: (A) holding that where a state statute provides for the award of attorneys fees those fees can be considered as part of the amount in controversy for the purpose of determining federal diversity jurisdiction (B) holding that the burden is on defendant as the party invoking removal jurisdiction to establish the existence of a sufficient amount in controversy (C) holding that it is a wellestablished rule that a district courts subject matter jurisdiction once established is unaffected by postremoval reductions in the amount in controversy internal citations omitted (D) holding that the district court erred in not determining whether the amount in controversy necessary to create diversity jurisdiction was met at the time of removal (E) holding that postremoval affidavits can be considered in determining the amount in controversy if jurisdiction is ambiguous at the time of removal


Output: (E)