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.

[Q]: individual has breached a duty of reasonable care. Bolick v. Sunbird Airlines, Inc., 96 N.C. App. 443, 386 S.E.2d 76 (1989), aff'd, 327 N.C. 464, 396 S.E.2d 323 (1990). Sudden emergency does not change or reduce the standard of reasonable care. It is simply one of the factors to be considered in determining whether a person acted reasonably under the circumstances. Id. The sudden emergency doctrine permits the court to call to the attention of the jury that an emergency faced by the actor may influence its determination of whether specific conduct was reasonable under the circumstances. The doctrine of sudden emergency is not a legal defense which operates to bar an action. Id. But cf. Hinson v. Brown, 80 N.C. App. 661, 343 S.E.2d 284, rev. denied, 318 N.C. 282, 348 S.E.2d 138 (1986) (<HOLDING>). External forces that have been found to
Holding statements: (A) holding that trial court erred by instructing jury regarding sudden emergency (B) holding that sudden emergency is an affirmative defense which must be specifically plead (C) recognizing that mitigation of damages is an affirmative defense a party must plead and prove (D) holding that a claim of exemption is an affirmative defense which must be specifically pleaded (E) holding that to avoid an affirmative defense a plaintiff must plead specifically matters of affirmative avoidance pursuant to rule 5508
[A]: holding that trial court erred by instructing jury regarding sudden emergency

[Q]: (Calero-Toledo v. Pearson Yacht Leasing Co. (1974), 416 U.S. 663, 40 L. Ed. 2d 452, 94 S. Ct. 2080.) Although Calero-Toledo did not involve the double jeopardy clause of the fifth amendment, the Court in that case emphasized that a forfeiture proceeding is brought against the instrumentality of a crime, rather than against the offender himself. The Calero-Toledo Court noted that the object of the forfeiture is " 'primarily considered as the offender ***. [T]he practice has been, and so this Court understand^] the law to be, that the proceeding in rem stands independent of, and wholly unaffected by any criminal proceeding in personam.' " (Calero-Toledo, 416 U.S. at 684, 40 L. Ed. 2d at 468, 94 S. Ct. at 2092, quoting The Palmyra (1827), 25 U.S. (12 Wheat.) 1, 14-16, 6 L. Ed. 531, 535-36 (<HOLDING>).) The Calero-Toledo Court also noted,
Holding statements: (A) holding claim that prior conviction was not serious felony under californias sentencing law not cognizable in federal habeas proceeding (B) holding that a judgment set forth in a separate document is not a prerequisite to appellate jurisdiction where the parties assumed that there was a final judgment (C) holding that a conviction for piracy was not a prerequisite to a proceeding to forfeit a ship allegedly engaged in piratical aggression (D) holding that a workers compensation proceeding is a legal proceeding (E) holding jeopardy had not attached because the district court was without power to enter a judgment of conviction in a pretrial proceeding
[A]: holding claim that prior conviction was not serious felony under californias sentencing law not cognizable in federal habeas proceeding

[Q]: acts have "sufficient indicia of distinctness." Id. These indicia "include the separation between the illegal acts by either time or physical distance, the quality and nature of the individual acts, and the objectives and results of each act." Id. 16 (internal quotation marks and citation omitted). "Distinctness may also be established by the existence of an intervening event, the defendant's intent as evinced by his or her conduct and utterances, the number of victims, and the behavior of the defendant between acts." Id. (internal quotation marks and citation omitted). Furthermore, we will not find that a defendant's conduct is unitary where the defendant completes one of the charged crimes before committing the other. See Bernal, 2006-NMSC-050, 11, 140 N.M. 644, 146 P.3d 289 (<HOLDING>). Finally, the' question of whether a
Holding statements: (A) holding that the defendants sentence for robbery was not inappropriate (B) holding that a robbery defendant was not entitled to a compulsion instruction in the absence of a claim that he or the victim was the target of a specific threat forcing the defendant to participate in the robbery (C) holding that defendants conduct was not unitary where his attempted robbery of the victim began after he completed the murder of the victims boyfriend (D) holding in attempted murder case that testimony regarding victims medical prognosis properly admitted (E) holding defendants phone call to his exwife announcing his intent to kill the victim was not an unrelated act of misconduct and permissible to rebut defendants testimony that he did not threaten the murder victim
[A]:
holding that the defendants sentence for robbery was not inappropriate