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.

supervising, or otherwise controlling the agent" in addition to any vicarious liability that may be imposed via the agent's actions. We hold that plaintiffs under the ICRA may proceed against the employer on either a direct negligence or vicarious liability theory for supervisor harassment in a hostile-work-environment case. The Faragher-Ellerth affirmative defense, with the burden of proof on the employer, applies only to claims of vicarious liability. Ellerth, 524 U.S. at 764, 118 S.Ct. at 2270 (adopting affirmative defense "in order to accommodate the agency principle of vicarious liability for harm caused by misuse of supervisory authority" (emphasis added)); accord Faragher, 524 U.S. at 807, 118 S.Ct. at 2292; see also Johnson v. Shinseki, 811 F.Supp.2d 336, 348 n.2 (D.D.C. 2011) (<HOLDING>); Swinton v. Potomac Corp., 270 F.3d 794, 803
Holding statements: (A) holding that the victims negligence is not a defense to criminal conduct (B) holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied (C) holding because the court applied the negligence standard the faragher defense is inapplicable (D) holding that equitable defense of laches is inapplicable to claims of fraud (E) holding that even though the court does not usually apply the clearly erroneous standard to mixed questions of fact and law this standard is properly applied to the materiality issue
holding that the victims negligence is not a defense to criminal conduct

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
holding that trial court erred by instructing jury regarding sudden emergency

which the bank was located. Such a result could never have been contemplated by Congress." Id. 67-68. See also Mason v. United States, 260 U.S. 545, 558, 43 S.Ct. 200, 67 L.Ed. 396 (1923) ("Here, while the suit is one in equity, the statute and decisions relied upon have nothing to do with the general principles of equity or with federal equity jurisdiction, but simply establish a measure of damages applicable alike to actions at law and suits in equity. The case presented by the bills is primarily one involving title to land and seeking an injunction against continuing trespasses. The conversion of the oil, for which damages are sought, is incidental and dependent. The entire cause of action is therefore local"); Collett v. Adams, 249 U.S. 545, 550, 39 S.Ct. 372, 63 L.Ed. 764 (1919) (<HOLDING>); Ellenwood v. Marietta Chair Co., 158 U.S.
Holding statements: (A) holding that under the second circuits longstanding doctrine a defendants failure to specifically object to venue at the close of evidence constitutes a waiver of objection to venue (B) holding that the venue provisions of the bankruptcy act were superseded by the local action doctrine (C) holding that former federal venue statute applied to transitory actions only and did not displace local action rule (D) recognizing that special venue statutes are supplemented by the 28 usc 1391 venue provisions applicable to all civil cases (E) holding that the bankruptcy court lacked subject matter jurisdiction over counterclaims asserted by the bankruptcy estate against a creditor where the claim is a state law action independent of the federal bankruptcy law and not necessarily resolvable by a ruling on the creditors proof of claim in the bankruptcy emphasis added
holding that under the second circuits longstanding doctrine a defendants failure to specifically object to venue at the close of evidence constitutes a waiver of objection to venue