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.

of the offense charged but convict on the included offense. However, the mere chance that a jury may reject uncontroverted testimony and convict on the lesser charge does not require the trial court to instruct the jury on the lesser charge." People v. Ramires, 18 P.3d 822, 827 (Colo.App.2000) (internal citations omitted). 184 The offense of patronizing a prostituted child requires, as relevant here, "knowingly engaging in an act" where "a child perform[s] or offer[s] or agree[s] to perform ... any [sexual] act ... in exchange for money." 18-7-406(1)(a), 18-7-401(6). Based on the language of the statute, actual performance of a sexual act is not necessary; a mere offer or agreement to perform is sufficient, provided money has been promised. See supra Part V.A; Madden, 111 P.3d at 460 (<HOLDING>). 185 Here, because the uncontrovert-ed
Holding statements: (A) holding that a mortgage transfer does not take effect until the mortgagee gives value in exchange for the mortgage (B) holding determination of property value in case to decide if assessed value was excessive is not a liquidated demand where only evidence of property value was the conclusory allegation of value in plaintiffs unsworn petition (C) holding that a party invoking a 547c1 defense must prove the specific measure of the new value given to the debtor in exchange for what was received (D) holding that patronizing a prostituted child requires some record evidence that the defendant attempted to give anything of value in exchange for sex (E) holding that under 11 usc 547c4 a later payment in exchange for new value only deprives the defendant of the new value defense if the later payment is an otherwise unavoidable transfer
(D)

that she disapproved of what she reasonably believed to be unlawful retaliation. B. Form and Context To the extent that Thomas' conduct was expressive, the message was communicated to her immediate supervisor, Miller, and other court employees. She did not, however, attempt to inform the general public about the allegedly retaliatory practices. That Thomas chose to convey her views privately rather than publicly is not determinative of whether her expression is entitled to protection. See Givhan v. W. Line Consol. Sch. Dist., 439 U.S. 410, 415-16, 99 S.Ct. 693, 58 L.Ed.2d 619 (1979). Because content is the most important factor, we have concluded that speech about a matter of public concern may be protected even when made in a private context. See, e.g., Ceballos, 361 F.3d at 1174 (<HOLDING>); Ulrich, 308 F.3d at 979 ("[T]he public
Holding statements: (A) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected (B) holding that a written offer accepted by parol may constitute a sufficient memorandum of the contract provided the person making the offer is the party to be charged (C) holding that a memorandum given to the employees supervisors was protected speech when the memorandum alleged criminal wrongdo ing (D) holding that after the district court determined that the plaintiffs speech was protected the court was required to inform the jury of its ruling that knapps speech was constitutionally protected (E) holding the separate document rule violated when the alleged judgment was included with the memorandum and order of the court
(C)

Out, Inc. v. Karras, 469 N.W.2d 380, 385 (S.D.1991). In Time Out, we found the discussion between the alleged conspirators "evidenced little more than common business sense." Here, discussion during the election about changing management at WEB was similar a discussion about business, not a conspiracy. Once the WEB Board was constituted, the actions of the individuals became the action of the whole, of the corporate entity. "[T]here is no conspiracy if the conspiratorial conduct challenged is essentially a single act by a single corporation acting exclusively through its own directors, officers and employees, each acting within the scope of his [or her] employment." Herrmann v. Moore, 576 F.2d 453, 459 (2nd Cir.1978), cert. denied, 439 U.S. 1003, 99 S.Ct. 613, 58 L.Ed.2d 679 (1978) (<HOLDING>). We agree with the reasoning of the Second
Holding statements: (A) holding that the vote of faculty and trustees discharging professor was essentially a single act by corporation (B) holding that a corporation is held responsible for acts not within the agents corporate powers strictly construed but which the agent has assumed to perform for the corporation when employing the corporate powers actually authorized and in such eases there need be no written authority under seal or vote of the corporation in order to constitute the agency or to authorize the act (C) holding that single substantial act can support exercise of personal jurisdiction (D) holding that claims of corporation vest in corporation (E) holding that corporation and sole owner of corporation were separate legal entities and corporation was not party to contract signed by owner in individual capacity
(A)