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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: see State v. Sosa, 1997-NMSC-032, ¶ 9, 123 N.M. 564, 943 P.2d 1017. {34} Defendant argues that two provisions in the current Delinquency Act suggest the Legislature’s intent to apply the beyond a reasonable doubt standard to the Section 32A-2-20 findings. These two provisions, Section 32A-2-24(B) (requiring proof beyond a reasonable doubt in probation revocation hearings), and Section 32A-2-16(E) (requiring proof beyond a reasonable doubt in a delinquency proceeding), are readily distinguishable from the amenability determination under Section 32A-2-20(B). First, the requirement of proof beyond a reasonable doubt in a delinquency proceeding is constitutionally mandated. See In re Winship, 397 U.S. at 364, 90 S.Ct. 1068. Second, a probation revocation hearing, l 7, 1140-41 (Ct.App.1978) (<HOLDING>); State v. Doe, 100 N.M. 649, 651, 674 P.2d 
 Holding statements: (A) holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) holding right to testify was federal constitutional right (D) holding that treatment as a child is not a constitutional right but a right granted by the legislature and statute met basic due process requirements (E) holding basic elements of due process are notice and a right to be heard
[A]: holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel


[Q]: individual has breached a duty of reasonable care. Bolick v. Sunbird Airlines, Inc., 96 N.C. App. 443, 386 S.E.2d 76 (1989), aff'd, 327 N.C. 464, 396 S.E.2d 323 (1990). Sudden emergency does not change or reduce the standard of reasonable care. It is simply one of the factors to be considered in determining whether a person acted reasonably under the circumstances. Id. The sudden emergency doctrine permits the court to call to the attention of the jury that an emergency faced by the actor may influence its determination of whether specific conduct was reasonable under the circumstances. The doctrine of sudden emergency is not a legal defense which operates to bar an action. Id. But cf. Hinson v. Brown, 80 N.C. App. 661, 343 S.E.2d 284, rev. denied, 318 N.C. 282, 348 S.E.2d 138 (1986) (<HOLDING>). External forces that have been found to 
 Holding statements: (A) holding that trial court erred by instructing jury regarding sudden emergency (B) holding that sudden emergency is an affirmative defense which must be specifically plead (C) recognizing that mitigation of damages is an affirmative defense a party must plead and prove (D) holding that a claim of exemption is an affirmative defense which must be specifically pleaded (E) holding that to avoid an affirmative defense  a plaintiff must plead specifically matters of affirmative avoidance pursuant to rule 5508
[A]: holding that trial court erred by instructing jury regarding sudden emergency


[Q]: 915 F.2d at 39 n. 4. Perch’s cancer-related civil claims allege the same types of discrimination (gender and disability), and are based on the same type of conduct (refusal to change shift and grant additional sick time) as her CFS-related administrative charge. While the defendant’s acts regarding Perch’s CFS-related disability and her cancer-related disability are different, the difference is only temporal, not qualitative. The MCAD had ample opportunity to investigate both charges, whether or not it actually did so. Accordingly, I conclude that the cancer-related claims survive under the scope-of-the-investigation rule. V. ORDER For the foregoing reasons, the defendant’s motion to dismiss is DENIED. 1 . See Beddall v. State Street Bank and Trust Co., 137 F.3d 12, 17 (1st Cir.1998) (<HOLDING>); Edwin v. Blenwood Assocs., 9 F.Supp.2d 70, 72 
 Holding statements: (A) holding that a court may consider a document submitted by a defendant in determining whether to dismiss the complaint because it was integral to and explicitly relied on in the complaint and because the plaintiffs do not challenge its authenticity (B) holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint (C) holding that the failure to attempt to prove the authenticity of a document  is significant particularly when the document in question was apparently obtained for removal proceedings rather than a contemporaneously created record of a past event (D) holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint (E) holding that when  a complaints factual allegations are expressly linked  and admittedly dependent upon  a document the authenticity of which is not challenged that document effectively merges into the pleadings and the trial court can review it in deciding a motion to dismiss under rule 12b 6
[A]:
holding that a court may consider a document submitted by a defendant in determining whether to dismiss the complaint because it was integral to and explicitly relied on in the complaint and because the plaintiffs do not challenge its authenticity