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:
and the weapons charge, for which he was sentenced to a concurrent term of five years' imprisonment. Jackson appealed to this court. LAW/ANALYSIS I. Exclusion of Evidence Jackson argues the trial court erred in excluding his testimony about his personal knowledge of Felder's violent history. We disagree. The admission or exclusion of evidence is a matter within the trial court's sound discretion, and an appellate court may only disturb a ruling admitting or excluding evidence upon a showing of a manifest abuse of discretion accompanied by probable prejudice. State v. Douglas, 369 S.C. 424, 429, 632 S.E.2d 845, 847-48 (2006). Generally, the failure to make a proffer of excluded evidence will preclude review on appeal. State v. Santiago, 370 S.C. 153, 163, 634 S.E.2d 23, 29 (Ct.App.2006) (<HOLDING>). Where no proffer of excluded testimony is
Holding statements: (A) holding that objection to testimony at trial on grounds that testimony was irrelevant highly prejudicial and below the threshold requirement of admissibility does not preserve appellate challenge that testimony constitutes inadmissi ble victimimpact testimony (B) holding the excluded testimony was relevant to whether a signature was that of a deceased party and since a statement regarding the issue was the only testimony that could be given by the witness no offer to prove was necessary because the substance of the evidence was apparent from the context of the question asked (C) holding that we could not weigh the prejudice suffered as a result of the exclusion of plaintiffs testimony because we had no way of knowing what the plaintiffs testimony would have been (D) holding a proffer of testimony is required to preserve the issue of whether testimony was properly excluded by the trial judge and an appellate court will not consider error alleged in the exclusion of testimony unless the record on appeal shows fairly what the excluded testimony would have been (E) holding that the trial courts statement it would deny the defendants request to make a bill at this time did not discharge the appellants duty to proffer the excluded testimony for preservation of error
answer:
(D)

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of the offense charged but convict on the included offense. However, the mere chance that a jury may reject uncontroverted testimony and convict on the lesser charge does not require the trial court to instruct the jury on the lesser charge." People v. Ramires, 18 P.3d 822, 827 (Colo.App.2000) (internal citations omitted). 184 The offense of patronizing a prostituted child requires, as relevant here, "knowingly engaging in an act" where "a child perform[s] or offer[s] or agree[s] to perform ... any [sexual] act ... in exchange for money." 18-7-406(1)(a), 18-7-401(6). Based on the language of the statute, actual performance of a sexual act is not necessary; a mere offer or agreement to perform is sufficient, provided money has been promised. See supra Part V.A; Madden, 111 P.3d at 460 (<HOLDING>). 185 Here, because the uncontrovert-ed
Holding statements: (A) holding that a mortgage transfer does not take effect until the mortgagee gives value in exchange for the mortgage (B) holding determination of property value in case to decide if assessed value was excessive is not a liquidated demand where only evidence of property value was the conclusory allegation of value in plaintiffs unsworn petition (C) holding that a party invoking a 547c1 defense must prove the specific measure of the new value given to the debtor in exchange for what was received (D) holding that patronizing a prostituted child requires some record evidence that the defendant attempted to give anything of value in exchange for sex (E) holding that under 11 usc 547c4 a later payment in exchange for new value only deprives the defendant of the new value defense if the later payment is an otherwise unavoidable transfer
answer:
(D)

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that the carefully prepared processing table contained no folder or photograph for her, the reasonableness of her continued detention diminished. Nevertheless, the police could have hypothesized that her folder had been misplaced, and it was not objectively unreasonable to delay releasing her from custody pending final verification of her status. See Rogers v. Powell, 120 F.3d 446, 456 (3d Cir.1997). There remains the approximately thirty minutes during which the police completed routine paperwork and awaited a cuff cutter after they had reached the inescapable conclusion that there had never been a warrant for Wilson's arrest. Although the issue is close, we conclude that Dunford continued to enjoy qualified immunity during this final thirty minutes of detention. Cf. id. at 456-57 (<HOLDING>). After confirming Wilson's identity and her
Holding statements: (A) holding that qualified immunity is not merely immunity from damages but also immunity from suit (B) holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted (C) holding that police did not enjoy qualified immunity for a period where they acknowledged that plaintiff had to be released but nevertheless kept him handcuffed (D) holding that defendants are not entitled to qualified immunity (E) holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station
answer:
(C)