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.
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Question: objectively by a reasonable person. Cooper v. Albacore Holdings, Inc., 204 S.W.3d 238, 244-45 (Mo.App.E.D.2006). Here, the trial court found that the Employer's alleged conduct was not sufficient as a matter of law to objectively establish severe or pervasive hostility based on a disability. Whether "a reasonable person would objectively consider [an employer's] behavior towards [a claimant] severe enough to alter the conditions of her employment and create an abusive working environment" is a question of fact. Cooper, 204 S.W.3d at 245; see also Howard, 149 F.3d at 840; 37 William C established, whether a reasonable person would similarly find the conduct offensive will generally be a question of fact for the jury. Cf. Meyerkord v. Zipatoni Co., 276 S.W.3d 319, 326 (Mo.App.E.D.2008) (<HOLDING>); Y.G. v. Jewish Hasp, of St. Louis, 795 S.W.2d
Holding statements: (A) holding that a person is seized when a reasonable person would have believed that he was not free to leave (B) holding that whether misrepresentations would be highly offensive to a reasonable person are questions for a jury (C) holding that questions of proximate cause are within the exclusive domain for the jury and may only be removed when reasonable minds cannot differ (D) holding in determining whether driver was insured under terms of policy exclusion of person using vehicle without a reasonable belief person was entitled to do so must be considered (E) holding that whether an encounter is consensual hinges on whether a reasonable person would have felt free to disregard the police and go about his business

Answer: holding that a person is seized when a reasonable person would have believed that he was not free to leave

Question: advertising regarding the digestive benefits of "Align," a daily food supplement. Plaintiff alleged that although Procter & Gamble promoted the "clinically proven" digestive benefits of "Align," in fact, there was no clinical data showing that Align improved digestion. The Rikos court held that the plaintiff had alleged "injury in fact" in the form of economic injury: "Plaintiff purchased Align in reliance on P & G's claims that the product provides defined health benefits, when these advertisements were allegedly false and deceptive.... Accordingly, Plaintiff maintains that [his] purchase of the product is the economic harm, because it was not provided as advertised." Id. at 530, at *5. See also In re Celexa and Lexapro Mktg. and Sales Practices Litig., 751 F.Supp.2d 277 (D.Mass.2010) (<HOLDING>). Defendants' reliance on "no-injury" products
Holding statements: (A) holding that the plaintiff sufficiently alleged injuryinfact where he alleged that the product an antidepression drug was unsatisfactory because it was inappropriate and not efficacious for his son (B) holding that the plaintiff had sufficiently alleged injuryinfact based on impact to sites that the plaintiff had visited in the past and planned to revisit each year in the future (C) holding that police chiefs son who alleged that he was denied an interview for a position because his father had criticized the local officials did not have standing to assert the first amendment rights of his father (D) holding that evidence of prior drug sales was sufficiently similar to the crimes charged to be probative of the fact that the defendant was not merely an innocent driver who was involved in the drug transaction by accident (E) holding that the plaintiff alleged sufficient facts in his complaint to state a claim for wrongful discharge where he alleged he was discharged due to his political affiliation and activities

Answer: holding that the plaintiff had sufficiently alleged injuryinfact based on impact to sites that the plaintiff had visited in the past and planned to revisit each year in the future

Question: to the effective date of the Act, it could have done so.... Since it did not, and since there is nothing ambiguous in the statute's language concerning its reach or applicability, there is no need to conduct the Landgraf retroactivity analysis. Id. at 61-62 (footnote omitted); see also United States v. One "Piper" Aztec "F" De Luxe Model 250 23 Aircraft Bearing Serial No. 27-7651057, 321 F.3d 355, 359 (3d Cir.2003) ("[The] CAFRA applies to 'any forfeiture proceeding commenced on or after [August 23, 2000].' The plain language is clear: the commencement of a forfeiture proceeding can mean only the point when the government first files a complaint for forfeiture in rem under 18 U.S.C. 981(b)(2).... No other interpretation is sensible."); $80,180.00 in U.S. Currency, 303 F.3d at 1185-86 (<HOLDING>) (citation omitted); cf. United States v. Real
Holding statements: (A) holding that the burden of proof is on the claimant (B) holding that the cafras heightened burden of proof was not applicable to a civil forfeiture action in which the complaint had been filed on november 9 1999 congress manifested a clear intent to apply the cafras heightened burden of proof only to judicial forfeiture proceedings in which the governments complaint was filed on or after august 23 2000because congressional intent is clear we need not resort to judicial default rules to determine the retroactive scope of the legislation (C) holding that when congress is silent on the issue of the burden of proof applicable to a common law affirmative defense that does not negate an element of the offense we presume congress intended the defendant to bear the burden of proof of the defense by a preponderance of the evidence (D) holding that the cafras heightened burden of proof standard was applicable to a civil forfeiture action that was pending at the time of cfras enactment (E) holding that section 523a2c shifts the burden of production and not the burden of proof on the issue of intent only

Answer:
holding that the burden of proof is on the claimant