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: F.2d 448, 451 (1st Cir.1975). Anderson’s condition at the time of the statement was described as excited, nervous and scared, and he appeared as if “he did not know what to do.” Moreover, his statement directly related to an exciting event, the shooting. Thus, based on the evidence and circumstances known at the time of its ruling, the trial court could have reasonably concluded that the exciting event witnessed by Anderson was the shooting itself. Accordingly, to the extent the trial court based its ruling on the fact that Anderson personally perceived the shooting, we find no abuse of discretion. We further note that the startling occurrence that triggers the excited utterance need not necessarily be the crime itself. See Salazar v. State, 38 S.W.3d 141, 154-55 (Tex.Crim.App.2001) (<HOLDING>); Couchman v. State, 3 S.W.3d 155, 159 
 Holding statements: (A) holding trial court could have found startling event or condition was declarants sustaining an injury or the pain she later experienced (B) holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence (C) holding that a lower court properly admitted a fouryear olds hearsay statement although she made it 1215 hours after the startling event (D) holding that statement must be product of a startling event (E) holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective

Output: (A)


Input: Consider Input: of Liability Provisions SBVS argues that Plaintiffs are not entitled to lost rent or diminution in value damages because both of the Agreements contain provisions barring the award of consequential damages. The Court concludes that the enforceability of these provisions turns on disputed facts and, therefore, that summary judgment on this issue is improper. Generally, provisions limiting liability in construction contracts are enforceable under California law so long as the parties negotiated and expressly agreed to the limitations. See Cal. Civ.Code § 2782.5. However, such a provision is unenforceable if it is unconscionable or otherwise contrary to public policy. Markborough California, Inc. v. The Superior Court of Riverside County, 227 Cal.App.3d 705, 715, 277 Cal.Rptr. 919 (1991) (<HOLDING>). Under § 1668 of the California Civil Code, 
 Holding statements: (A) holding that plaintiffs who had been served and received responses to interrogatories on personal jurisdiction had had such a fair opportunity (B) holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant (C) holding contract not unconscionable where parties were of equal bargaining power plaintiff had opportunity to have an attorney review the contract the contract was clear and easily read the plaintiff had been a party to similar contracts in the past and was under no financial pressure to sign the con tract (D) holding that the plaintiff had failed to establish procedural unconscionability since he had a reasonable opportunity to consider the agreement and the arbitration clause was clearly set forth in the contract (E) holding that limitation of liability clause in construction contract that is not unconscionable or in violation of public policy is valid so long as parties had a fair opportunity to accept reject or modify limitation and affirming summary judgment on basis that plaintiff had presented no evidence that it had had no such opportunity

Output: (E)


Input: Consider Input: of relief. Fed.R.Civ.P. 8(a). 32 . See also Avakian v. Chulengarian, 328 Ill.App.3d 147, 262 Ill.Dec. 663, 766 N.E.2d 283, 294 (2002); Tucker v. St. James Hosp., 279 Ill.App.3d 696, 216 Ill.Dec. 332, 665 N.E.2d 392, 396 (1996). 33 . This conclusion also is consistent with the few of our sister circuits that have addressed this precise issue. See, e.g., Liggon-Redding v. Estate of Sugarman, 659 F.3d 258, 261-65 (3d Cir.2011) (finding no conflict between Rule 8 or Rule 11 and a Pennsylvania statute requiring a “certificate of merit” to be filed in professional malpractice claims); Chamberlain v. Giampapa, 210 F.3d 154, 158-61 (3d Cir.2000) (finding no conflict between Rule 8 or Rule 9 and a similar New Jersey law); cf. Littlepaige v. United States, 528 F. App'x 289, 292-93 (4th Cir.2013) (<HOLDING>). 34 . R.40 at 2 (citation omitted). 35 . R.49 
 Holding statements: (A) holding that discovery rule applied to wrongful death action predicated on medical malpractice (B) holding amendment to statute of limitations was a procedural amendment to be applied retroactively in a medical malpractice case (C) holding expert testimony is generally required to establish proximate cause in medical malpractice cases (D) holding the provisions of a comprehensive medical malpractice act unconstitutional (E) holding that a north carolina rule requiring an expert certification in a medical malpractice case applied in a federal tort claims act case sounding in medical malpractice brought in federal court


Output: (E)