instruction:
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.
question:
further hold that the district court did not commit any procedural error or abuse its discretion by imposing an unreasonable sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (assuming sentencing decision is procedurally sound, appellate court considers substantive reasonableness of sentence under abuse-of-discretion standard); United States v. Stults, 575 F.3d 834, 849 (8th Cir.2009) (sentence was not unreasonable where record reflected that district court made individualized assessment based on facts presented and specifically addressed defendant's proffered information in its consideration of sentencing factors), cert. denied, U.S.-, 130 S.Ct. 1309, L.Ed.2d - (2010); United States v. Feemster, 572 F.3d 455, 461 (8th Cir.2009) (en banc) (<HOLDING>). Having reviewed the record independently
Holding statements: (A) holding district court committed no significant procedural error despite departing downward from the guideline range for multiple reasons without explaining the weight it was attributing to each reason (B) recognizing that a party has not preserved a claim of procedural error if the party did not raise it in a manner sufficient to alert the district court to the specific error (C) holding that reviewing court first ensures that district court committed no significant procedural error then considers substantive reasonableness of sentence describing factors demonstrating procedural error (D) holding that a reviewing court must first ensure that the district court committed no significant procedural error (E) holding that the district court committed procedural error by failing to provide an indication of what facts it relied on to make a significant variance from the advisory guidelines range
answer:
(C)

question:
its concern with Plaintiffs' lack of proof of causation and specific damages when the court entered summary judgment against them on their injurious falsehood/business disparagement and wrongful interference with business relations claims, and Plaintiffs' testimony at trial failed to further illuminate their assertion that Petta's statements caused them special damages. Plaintiffs' testimony about special damages was unsupported by any documentary evidence, including any business operations analysis, tax returns or similar exhibits, or expert testimony, and Plaintiffs' own con-clusory statements provided little quantifiable evidence of their claimed damages, leaving the jury to speculate regarding special damages. See Gilmore v. Cohen, 95 Ariz. 34, 36-37, 386 P.2d 81, 82-83 (1963) (<HOLDING>). 43 Furthermore, the evidence presented does
Holding statements: (A) holding that the fifth and fourteenth amendments do not entitle a person to a federal remedy for every breach of contract by a state thus unless every breach of every public contract is to be actionable as a violation of constitutional rights it is necessary to distinguish between mere contract rights and constitutional property rights internal citations and quotation marks omitted (B) holding that the governments position must have a reasonable basis in both law and fact citations omitted (C) recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract (D) recognizing in a breach of contract ease that the plaintiff in every case should supply some reasonable basis for computing the amount of damage and must do so with such precision as from the nature of his claim and the available evidence is possible citations omitted (E) holding that one method of computing damages for a breach of contract is the contract price less the reasonable cost of completion
answer:
(D)

question:
605 N.E.2d 344; accord Albert, 239 F.3d at 271. To find that a statement qualifies as one that tends to injure another in his or her "trade, business, or profession," the statement "must be made with reference to a matter of significance and importance for [the operation of the business], rather than a more general reflection upon the plaintiffs character or qualities." Liberman, 80 N.Y.2d at 436, 590 N.Y.S.2d 857, 605 N.E.2d 344. The allegedly defamatory statement must be targeted at the specific standards of performance relevant to the plaintiffs business and must impute conduct that is "of a kind incompatible with the proper conduct of the business, trade, profession or office itself." Id.; see also Aronson v. Wiersma, 65 N.Y.2d 592, 593, 493 N.Y.S.2d 1006, 483 N.E.2d 1138 (1985) (<HOLDING>); Van-Go Transp. Co. Inc. v. New York City Bd.
Holding statements: (A) holding that statements that plaintiff had had an extramarital affair were defamatory per se (B) holding plaintiffs must plead alleged defamatory statements with precision (C) holding statements regarding plaintiffs unsatisfactory job performance not defamatory per se (D) holding that a statement that plaintiff had engaged in an extramarital affair was defamatory per se under colorado law (E) holding that news broadcast which fell within several of the historical categories for per se defamation was not defamatory per se where plaintiffs identity was not shown on its face
answer:
(C)