Instructions: 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.
Input: Her affidavit explains her asset purchases, bank deposits, and credit card activity during the relevant time period. Her affidavit stated her tax records provide an accurate reflection of her income during the relevant times. Her affidavit thus sets forth specific facts disputing her exclusive control of the student activity account and controverting the claim that her personal finances show a $57,759.21 misappropriation. We must view the evidence in the light most favorable to the nonmoving party. C & J Vantage Leasing Co., 784 N.W.2d at 756. We find Van Haaften's affidavit testimony creates a genuine issue of material fact as to the amount of the theft in excess of the $10,000 conclusively established by her Alford plea. See Wemimont v. Wernimont, 686 N.W.2d 186, 191 (Iowa 2004) (<HOLDING>). Accordingly, the district court erred in
Holding statements: (A) holding that a speculative affidavit which contained mere conjecture was insufficient to create a genuine issue of material fact for trial (B) holding that nonmoving party need not produce evidence unless moving party first brings forth evidence either tending to prove lack of genuine issue of material fact or challenging existence of element of cause of action (C) holding that dispute regarding material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party (D) holding that there was a genuine issue of material fact precluding summary judgment (E) holding nonmoving partys affidavit created genuine issue of material fact as to the existence of an employment relationship
Output:
(E)