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.

hard at Whirlpool, that is not a mitigating factor. Those are things that we are expected to do, all of us. We are expected to work hard at our jobs. We are expected to be involved in our children's lives. We are expected to be civil to the people that we work and live around. Those aren't mitigating factor[s]. Those are what every single human being should do. The Defendant is asking for extra credit because he did it sometimes. Appellant argues that these statements misled the jury because Arkansas neither defines nor limits mitigation by statute. And, in fact, he points to decisions by this court wherein the court has held that there is no requirement that the mitigating circumstances reduce culpability for the offense. See Pickens v. State, 292 Ark. 362, 730 S.W.2d 230 (1987) (<HOLDING>). He asserts that the prosecutor's remarks
Holding statements: (A) holding that a sentencer may not refuse to consider as a matter of law any relevant mitigating evidence (B) holding that sentencing scheme that permitted a limited range of mitigating evidence was unconstitutional because the eighth and fourteenth amendments require that the sentencer not be precluded from considering as a mitigating factor any aspect of a defendants character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death (C) holding that any relevant mitigating evidence concerning a defendants character should not be excluded (D) holding that relevant evidence supporting a defendants theory of defense should not be excluded unless no other remedy suffices (E) holding that a trial court must not preclude the jury from considering any aspect of the defendants character or circumstances as a mitigating factor
holding that a sentencer may not refuse to consider as a matter of law any relevant mitigating evidence

F.3d 608, 612 (5th Cir.1996)). We conclude that, although the district court erroneously determined that the principles of Daubert did not apply to the re-creation and Agent Constantino's testimony, the district court did not err in admitting the evidence. Under Daubert, the district court conducts a "preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue." Daubert, 113 S.Ct. at 2796; see Fed.R.Evid. 702 . This "gate-keeping" obligation on the part of the district court applies to all types of expert testimony, not just scientific testimony. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 1174, 143 L.Ed.2d 238 (1999) (<HOLDING>). Many factors may bear on this inquiry,
Holding statements: (A) holding that dauberts basic gatekeeping obligation applies to all expert testimony (B) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (C) recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract (D) holding that insurance obligation was primary to indemnity obligation (E) holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions
holding that the admission of expert testimony was prejudicial where the testimony was pervasive

of burglary by itself was excluded as a crime of violence was dictum, and that "the crime of burglary has always been and continues to be viewed as a crime involving the use or threat of violence to the person." Id. at 15, 549 A.2d at 559. The principal reason offered for this holding was the observation that "[e]very ... burglar knows when he attempts to commit his crime that he is inviting dangerous resistance.... It is this threat of violence to persons that has prompted the Legislature into expanding the definition of burglary to include all those entries without privilege into places where people might be present." Id. at 14, 549 A.2d at 559. This Court's subsequent holdings have consistently followed Rolan. See Commonwealth v. Collins, 549 Pa. 593, 606, 702 A.2d 540, 546 (1997)(<HOLDING>); Commonwealth v. Bracey, 541 Pa. 322, 349 n.
Holding statements: (A) holding that the defendants juvenile convictions for burglary were crimes of violence for purposes of the section 9711d9 aggravating circumstance (B) holding jury verdict unanimous where jury was charged with alternative aggravating circumstance of burglary involving two different victims (C) holding that burglary of commercial building is crime of violence under guidelines (D) holding that all convictions under wisconsin sexual assault statute were not per se convictions for crimes of violence (E) holding that the double jeopardy clause was not violated by two convictions arising from the same criminal episode because the crimes of attempted burglary and possession of burglary tools each had an element the other did not and were thus separate crimes
holding jury verdict unanimous where jury was charged with alternative aggravating circumstance of burglary involving two different victims