You will be given a definition of a task first, then some input of the task.
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.

was given for the term "intercepting device." The trial justice "noted" these objections but refused to issue any curative or additional instruction. In a pretrial de ncorporate the statutory definitions of the terms "intercept" (meaning to "acquire aurally the contents of any wire or oral communication through the use of any intercepting device") and "intercepting device," the trial justice did not commit reversible error in this case. For the reasons discussed above, the video camera was an "intercepting device" as a matter of law and its use (as revealed in the playback of the videotape to the jury) indisputably "acquire[d] aurally" the surrounding sounds and communications captured on the videotape. See Pascale v. Carolina Freight Carriers Corp., 898 F.Supp. 276, 279 (D.N.J.1995) (<HOLDING>). Moreover, the trial justice read
Holding statements: (A) holding when reasonable minds cannot differ the question of comparative negligence is a question of law appropriate for summary judgment (B) holding question of citys exercise of due care in enforcement of ordinance was question of fact and inappropriate for summary judgment (C) holding that the question of whether an existing constitutional right is infringed is strictly a question of law (D) recognizing that whether a duty exists is a question of law for the courts (E) holding that the question of whether the defendants recording device was an intercepting device was a question of law appropriate for summary judgment
Output:
(E)