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.
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Question: subjective, although it is usually proved by inference from the acts of the accused. Thus, intentionally entering or intentionally remaining unlawfully upon the described premises with the intent to commit any crime against a person or property rights constituted burglary, and therefore, it cannot logically be said that specifying the particular crime intended to be committed is, under our statutes, an essential element which must be alleged in order to charge the crime of burglary actual commission of a second underlying offense, in order to sufficiently charge the offense, it is incumbent on the State to allege the essential elements of the underlying offense; identification of the offense by name or statutory reference will not suffice. Cf. Elliott, 77 Hawaii at 312, 884 P.2d at 375 (<HOLDING>). Therefore, we adopt the rule set out in 
 Holding statements: (A) holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number (B) holding that a charge not taken under oath or affirmation is not a valid charge (C) holding that the omission of an element from the jury charge is subject to harmlesserror review (D) holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence (E) holding that statutory references in charge did not cure the omission of essential elements in the challenged counts of the charge

Answer: holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number


Question: the information provided in the Unplanned Deviation Reports and investigation reports was an accurate depiction of the incidents occurred, and Acevedo has not shown otherwise. Lastly, this Court notes that Ceinos rated Acevedo in 2005 as “Fully Met Expectations,” which evinces a lack of animus towards Acevedo, insofar as he was accorded positive review by Ceinos despite previous performance issues. In essence, Plaintiffs ask us to excuse Acevedo’s performance by replacing Ceinos’ business judgment with his own absent proof that his employer’s findings were inaccurate or misleading, which is an untenable position in light of the applicable case law. Velazquez-Fernandez v. NCE Foods, Inc., 476 F.3d 6, 12 (1st Cir.2007) (citing Webber v. Int’l Paper Co., 417 F.3d 229, 238 (1st Cir.2005)) (<HOLDING>). Ex-Lax’s hiring practices, disciplinary 
 Holding statements: (A) holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment (B) holding that an employees opinion of the efficacy of an employment decision standing alone cannot supplant the employers business judgment (C) holding that employers have standing to sue (D) holding employer cannot lawfully make the signing of an employment agreement which contains an unenforceable covenant not to compete a condition of continued employment an employers termination of an employee who refuses to sign such an agreement constitutes a wrongful termination in violation of public policy (E) holding that an employers sponsorship of an employees 01 visa does not establish an employment contract for a definite term

Answer: holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment


Question: opposing party access to the terms of the agreement between the paying party and the compensated witness. Many courts, including courts in this Circuit, have found that a compensated fact witness is competent to testify as long as the fact that payments were made to that witness is disclosed to the trier of fact. See Jamaica Time Petroleum, Inc. v. Federal Ins. Co., 366 F.2d 156, 158 (10th Cir.1966) (finding that an agreement to pay a reward or “[t]he payment of the reward affects the credibility of the witness and the weight to be given his testimony. These factors are not determinative of competence to testify.”); Goldstein v. Exxon Research and Eng’g Co., No. 95 Civ. 2410, 1997 WL 580599, at *6 (D.N.J. Feb. 28, 1997); New York v. Solvent Chem. Co., 166 F.R.D. 284, 291 (W.D.N.Y.1996) (<HOLDING>). In sum, the “newly discovered evidence” put 
 Holding statements: (A) holding that evidence that the defendant and a witness sold drugs together was relevant to prove how the witness knew the defendant (B) holding that the constitution does not require the government to disclose impeachment evidence prior to entering a plea agreement with a criminal defendant (C) holding that the appropriate sanction was to require the defendant to disclose the nature of the agreement with the witness (D) recognizing that informing the jury that testifying witness has agreed to cooperate with the government is a doubleedged sword as the existence of such agreement may suggest either that the witness will testify in accordance with the governments wishes regardless of the truth or that the witness will not he under threat of revocation of the agreement should the witness commit perjury (E) holding that due process requires a hearing appropriate to the nature of the case

Answer:
holding that evidence that the defendant and a witness sold drugs together was relevant to prove how the witness knew the defendant