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.

[EX Q]: Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed "plain." c. Did the plain error affect Thomas's substantial rights? An error affects a defendant's "substantial rights" if it is "prejudicial" and it "affected the outcome of the district court proceedings." Gore, 154 F.3d at 47. "Though 'prejudice' is also required to show that an error is not 'harmless,' pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that '[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65,
Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error
[EX A]: (D)

[EX Q]: Defendants contend that the amount awarded was excessive and shocking, such as to raise an irresistible inference that passion, prejudice or other improper influence invaded the trial. Defendants initially make this argument on the grounds that the disparity between punitive damages assessed against the "passive wrongdoer" (AGF) is too large in contrast to the amount assessed against the "active wrongdoer" (Risser). We reject this argument for many reasons. First, it assumes that AGF should not have been found liable for negligent retention of an employee. Obviously, the jury disagreed with this assessment. Second, the legal basis for assessing punitive damages on respondeat superior grounds is well-established. Plains Resources, Inc. v. Gable, 235 Kan. 580, 682 P.2d 653, 665 (1984) (<HOLDING>). In the U.S. Supreme Court's recent deci sion,
Holding statements: (A) recognizing that restatement second of torts 323 and 324a correctly state pennsylvania law (B) recognizing kansas courts adoption of restatement second of torts 909 1977 (C) recognizing that restatement second of torts 416 to 429 are often overlapping (D) recognizing tentative draft of restatement second of torts 652e (E) recognizing that kansas supreme court would accept the final draft of the restatement second of torts 652e adopted in 1977
[EX A]: (B)

[EX Q]: (stating in dicta that "the granting of credit for pretrial confinement is not necessarily limited to the situations discussed in Anglin''). 2 See generally NRS 176.055(1) ("whenever a sentence of imprisonment ... is imposed, the court may order that credit be allowed against the duration of the sentence ... for the amount of time which the defendant has actually spent in confinement before conviction"). 3 See NRS 34.724(2)(c); NRS 176.555. 4 See Franklin v. State, 110 Nev. 750, 877 P.2d 1058 (1994) (claims appropriate for direct appeal, including a challenge to the sentence imposed, must be pursued on direct appeal or will be considered waived), overruled on other grounds by Thomas v. State, 115 Nev. 148, 979 P.2d 222 (1999); see also Parrish v. State, 116 Nev. 982, 12 P.3d 953 (2000) (<HOLDING>). 5 111 Nev. 1172, 1176, 901 P.2d 639, 642
Holding statements: (A) holding that a sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion by the trial court (B) holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion (C) holding the district attorney is vested with the sole discretion as to what crimes will be charged and that discretion will not be disturbed absent a gross abuse of discretion (D) holding that a sentencing determination will not be disturbed on appeal absent an abuse of discretion by the district court (E) holding that the admission or exclusion of evidence is within discretion of the trial court and that such determinations will not be disturbed on appeal absent clear abuse of discretion
[EX A]:
(D)