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.
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Question: an individual has adequately stated a pri-ma facie claim. Cf. Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329, 1334 (9th Cir.1995) ("An inquiry into the reasonableness of procedures ... belies a claim that liability under [15 U.S.C.] 1681e(b) must be predicated on the effect of that information once disseminated .... The district court was required to consider whether [the defendant] was liable under 1681e(b) before it determined that [the plaintiff] had suffered no recoverable damages."). Several courts have previously recognized the possibility that a claim for actual or compensatory damages under FCRA may include compensation for emotional distress in the absence of physical injury or out-of-pocket expenses. See, e.g., Bakker v. McKinnon, 152 F.3d 1007, 1013 (8th Cir.1998) (<HOLDING>); Philbin v. Trans Union Corp., 101 F.3d 957,
Holding statements: (A) holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any (B) holding that under privacy act federal government waived its sovereign immunity with respect to actual damages but not with respect to damages for mental or emotional distress (C) holding that the district court did not abuse its discretion in finding that the incomplete and late submission of expert reports was not harmless (D) holding that under the first amendment where there is no proof of actual malice damages are limited to actual injury which excludes punitive damages but is not limited to outofpocket loss (E) holding that even in the absence of outofpocket expenses or costs incurred the district court did not abuse its discretion in awarding actual and punitive damages when appellees testified about how they felt when appellant obtained their credit reports and violated their privacy thereby causing them some emotional distress

Answer: (E)

Question: opens the door by suggesting the victim's behavior is inconsistent with that of an abused child. As noted below, many other courts have allowed testimony that a child victim's behavior or symptoms are "consistent with" child abuse trauma as rebuttal evidence. That is not what happened in this case. Just two years ago, in State v. Favoccia, the Supreme Court of Connecticut thor oughly reviewed the conflicting precedent and policy considerations in reaching the same conclusion we reach today. 306 Conn. 770, 51 A.3d 1002, 1012-22 (2012). The Favoccia court overturned its own precedent to hold that "the trial court abused its discretion in permitting [the expert] to testify about the complainant's behaviors being consistent -with those generally characteristic 6, 671 N.E.2d 984, 985 (1996) (<HOLDING>); State v. Chamberlain, 137 N.H. 414, 628 A.2d
Holding statements: (A) holding that the trial court had abused its discretion in dismissing the case without allowing appellants an opportunity to amend (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding admission of expert testimony not erroneous where expert described typical traits and characteristics of sexually abused children (D) holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case (E) holding that the testimony of an expert witness is admissible when the witness outlines the general characteristics of sexually abused children and then states that the victims symptoms are consistent with those characteristics

Answer: (D)

Question: marriage, the wife is still young and able to find suitable employment. The relatively equal distribution of the couple's limited assets does not create a circumstance requiring permanent alimony." [C.O.] 580 So.2d at 813-14. Similarly, in Childers v. Childers, 640 So.2d 108, 110 (Fla. 4th DCA 1994), we held an award of permanent alimony is inappropriate where the spouse is young, educated, and comparatively healthy. The duration of marriage being less than 10-years makes this a short term marriage. See Iribar v. Iribar, 510 So.2d 1023, 1024 (Fla. 3d DCA 1987) (10 year marriage is short term). In short term marriages where the partners are still young and able, the presumption is for rehabilitative alimony rather than permanent. Reeves v. Reeves, 821 So.2d 333, 334 (Fla. 5th DCA 2002) (<HOLDING>); Green v. Green, 672 So.2d 49, 51 (Fla. 4th
Holding statements: (A) holding that guidelines create a rebuttable presumption (B) recognizing presumption (C) recognizing that 1132g1 creates a presumption in favor of awarding costs and fees to the prevailing party but characterizing that presumption as modest and rebuttable (D) recognizing a rebuttable presumption of reliance in rule 10b5 (E) holding that in case of a short term marriage a presumption against awarding permanent alimony arises but such presumption is rebuttable

Answer:
(E)