instruction:
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.
question:
and so require an interpretive step to determine the expressive elements of these processes. However, neither the Supreme Court nor our court has ever drawn a distinction between the process of creating a form of pure speech (such as writing or painting) and the product of these processes (the essay or the artwork) in terms of the First Amendment protection afforded. Although writing and painting can be reduced to their constituent acts, and thus described as conduct, we have not attempted to disconnect the end product from the act of creation. Thus, we have not drawn a hard line between the essays John Peter Zenger published and the act of setting the type. Cf. Minneapolis Star & Tribune Co. v. Minn. Comm'r of Revenue, 460 U.S. 575, 582, 103 S.Ct. 1365, 75 L.Ed.2d 295 (1983) (<HOLDING>). The process of expression through a medium
Holding statements: (A) holding that dating is a type of association protected by the first amendment (B) holding that private possession of child pornography is not protected by the first amendment (C) holding first amendment claim requires actual protected conduct (D) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (E) holding that a tax on ink and paper burdens rights protected by the first amendment
answer:
(E)

question:
is limited in applicability to only cases, like this one, in which the total noneconomic damages awarded by the jury were in excess of both of the $250,000 caps and in excess of the $500,000 combined total of both applicable caps; the jury here awarded $1,725,000 in noneconomic damages. 29 . Chesser argues that because a jointly and severally liable defendant possesses a right of contribution, the statutory provisions at issue do not conflict. A right of contribution, however, presupposes that the defendant has actually paid the damages that is, has already been civilly liable for noneconomic damages in excess of the $250,000 cap applicable to that defendant, in violation of the express language of section 74.301(b). See Tex. Civ. Prac. & Rem.Code Ann. 33.015(a), (b) (West 2008) (<HOLDING>). 30 . Appellees concede that Hospital remains
Holding statements: (A) recognizing a right to contribution (B) recognizing that prior to 1949 when the statute permitting contribution among joint tortfeasors was enacted no right of contribution existed between jointtortfeasors in delaware (C) recognizing contribution in the appropriate case (D) recognizing in both subsections a right of contribution when a defendant has paid a percentage of damages greater than his percentage of responsibility (E) recognizing right of contribution against joint tortfeasor where release is obtained on his behalf
answer:
(D)

question:
it is "premised on the theory that the [Djistrict !C]ourt misapplied the Guidelines." United States v. Shaw, 313 F.3d 219, 222-23 (4th Cir.2002); see United States v. Langford, 516 F.3d 205, 212 (3d Cir.2008). 5 . Erwin contended at oral argument that there was no breach because he merely waived the right to file an appeal as opposed to promised not to file an appeal. See, e.g., Oral Arg. Tr. 4:08-5:23, 7:46-8:25 (3d Cir. May 20, 2014); see also Erwin Supplemental Br. 1 n. 1. Erwin has not proffered any principled basis for drawing this distinction, and common sense dictates that there is none. A "waiver" is defined as "the intentional relinquishment or abandonment of , 106 F.3d 427 (Table) (Fed.Cir.1997); Maslow v. Vanguri, 168 Md.App. 298, 896 A.2d 408, 423 (Md.Ct. Spec.App.2006) (<HOLDING>). 7 . Of the 2,920 convictions in the district
Holding statements: (A) holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party (B) holding that a motion denying summary judgment will not be reviewed on appeal from a jury verdict where sufficient evidence supports the jurys verdict (C) holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement agreement (D) holding that the appellants appeal of the jurys verdict was a material breach of the no appeals provision in the parties settlement agreement (E) holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict
answer:
(D)