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.

[EX Q]: relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of  presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action
[EX A]: (B)

[EX Q]: criminal activity, strictly liable to a person injured by such handgun during the course of a crime? 3) Does the Rohm Revolver Handgun Model RG38S, serial number 0152662, fall within the category referred to in question 2? Kelley, 304 Md. at 131, 497 A.2d 1143. 7 . The Court also discussed the effective date of the "modification of Maryland common law tort principles” it had fashioned. Id. at 161-62, 497 A.2d 1143. 8 . The majority of these cases have discussed the Court’s ability or willingness to modify the common law. See Parker v. State, 337 Md. 271, 283 n. 7, 653 A.2d 436 (1995); State v. Hawkins, 326 Md. 270, 292-94, 604 A.2d 489 (1992); Owens-Illinois, Inc. v. Zenobia, 325 Md. 420, 469-70, 601 A.2d 633 (1992); Murphy v. Edmonds t, Inc., 17 Md.App. 646, 659, 303 A.2d 432 (1973) (<HOLDING>) 10 . We alternatively based our decision on 
 Holding statements: (A) holding that the court of appeals lacks the authority to overrule decisions of the supreme court of north carolina and has a responsibility to follow those decisions until otherwise ordered by the supreme court (B) holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals (C) holding that this court will consider a petition for a writ of certiorari only after the court of appeals has overruled the application for rehearing on the point challenged in the petition implying that the decision by the court of criminal appeals must be final before certiorari review would be available (D) holding the fact remains however that such standard appears to be the law of this state as enunciated in the decisions of the court of appeals discussed previously unless those decisions are either explained away or overruled by the court of appeals itself this court must follow what a majority of its members discern to be the precept to be drawn from them ie proof of fraud in a civil action either in law or in equity must be clear and convincing only the court of appeals could disabuse of that notion (E) holding that the court need not follow a decision of the district of columbia court of appeals where  it appears that the  court of appeals itself would not follow that decision
[EX A]: (D)

[EX Q]: of review and reaching its conclusion, the majority does not address whether the trial court abused its discretion in light of evidence in the record. See Kniatt, 206 S.W.3d at 664 (setting out discretionary standard of review of order denying habe-as corpus). Nor does the majority give weight to the trial court’s statutory right to rely on its own personal recollection of the prior proceedings in making its determination of whether habeas corpus relief should be granted. See Tex.Code Crim. Proc. Ann. art. 11.072 § 6(b). Thus, the majority fails to consider the stipulations and waivers in the record, or any of the documents in the record other than appellant’s and Sanchez’s affidavits, which appellant attached to his application for writ of habeas corpus. Cf. Kniatt, 206 S.W.3d at 664 (<HOLDING>); Phuong Anh Thi Le, 300 S.W.3d at 327 
 Holding statements: (A) holding that appellate court can uphold a trial courts ruling on any ground appearing in the record whether urged in the trial court or not (B) holding court of appeals was to review facts in light most favorable to trial courts ruling even when no witnesses testified and all evidence was submitted in written affidavits (C) holding that appellate court reviewing trial courts habeas corpus ruling must review record evidence in light most favorable to ruling and uphold ruling absent abuse of discretion (D) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (E) holding that in ruling on a summaryjudgment motion record evidence must be viewed in a light most favorable to nonmovant
[EX A]:
(C)