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.

Input: Consider Input: of attorney-client privilege, nor could they. There was thus no error in admitting the bill. J. The Apportionment of Damages Defendants Ashton and Short contend that the Court erred in refusing to apportion damages among the Defendants. This issue as such was first raised in Defendants' Amended Motion and would not need to be considered by the Court. Arkwright Mutual Insurance Co. v. Philadelphia Electric Co., supra. Prior to the charge of the Court, the parties were advised of the charge and Ash-ton and Short vaguely objected because of the potential for joint and several liability; however they did not propose any points for charge with respect to the apportionment of damages. See Frankel v. Burke's Excavating, Inc., 269 F.Supp. 1007 (E.D.Pa.1967), aff'd 397 F.2d 167 (3rd Cir. 1968) (<HOLDING>). In any event, under Section 433(b),
Holding statements: (A) holding that alleged defects in special interrogatories could not be the basis for a new trial when counsel had not pointed out the alleged defect to the court (B) holding that when a term is defined in the statute it need not be further alleged in the indictment (C) holding that the court had no jurisdiction over an alleged breach of a plea agreement (D) holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court properly dismissed plaintiffs fraudulent concealment claim (E) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect

Output: holding that when a term is defined in the statute it need not be further alleged in the indictment

Input: Consider Input: to landslide, even though earth movement was the most immediate cause). We therefore conclude that this is a case of multiple causation. B. We must now determine whether the deterioration or the fungicide manufacturers' failure to warn is the "proximate efficient cause" of the damage to Berry's irrigation pipes. In Sabella, the California Supreme Court defined "proximate efficient cause" both as "the one that sets others in motion" and as "the predominating or moving efficient cause." Sabella, 27 Cal.Rptr. at 695, 377 P.2d at 895; see Garvey, 257 Cal.Rptr. at 296, 770 P.2d at 708 ("Sabella defined 'efficient proximate cause' alternatively as the 'one that sets others in motion' and as 'the predominating or moving efficient cause.'") (citations omitted); Howell, 267 Cal.Rptr. at 716 (<HOLDING>); Brian Chuchua's Jeep, 13 Cal.Rptr.2d at 445
Holding statements: (A) recognizing the existence of purely jurisdictional elements (B) recognizing existence of two tests (C) recognizing first two exceptions (D) recognizing that the existence of an agency relationship is ordinarily a question of fact (E) recognizing the existence of the special relationship

Output: recognizing the existence of purely jurisdictional elements

Input: Consider Input: on the part of the jurors to impose the death sentence are similarly problematic. Unquestionably, "appeals to the pecuniary interests of jurors are patently improper." United States v. Blecker, 657 F.2d 629, 636 (4th Cir.1981), cert. denied, 454 U.S. 1150, 102 S.Ct. 1016, 71 L.Ed.2d 304 (1982). Nonetheless, after further review of the DA's closing argument, it becomes apparent that these isolated statements did not constitute an overarching theme or even serve as a significant part of the DA's case. In addition, the jury instructions explained in detail how the jury should base their decision. In the context of the whole closing argument and the entirety of the trial, these remarks did not amount to a constitutional violation. See United States v. Pupo, 841 F.2d 1235, 1240 (4th Cir.) (<HOLDING>), cert. denied, 488 U.S. 842, 109 S.Ct. 113,
Holding statements: (A) holding any improper delegation did not rise to level of plain error (B) holding that inadmissible testimony did not rise to level of plain error because the overwhelming evidence against defendant leads us to conclude that the error committed did not cause the jury to reach a different verdict than it otherwise would have reached (C) holding that the prosecutors request that the jury send a message to the community was improper in the guilt phase of the trial but was not so flagrantly improper as to constitute plain error (D) holding that an infringement on the defendants fundamental due process right in the form of a comment on the defendants silence by the prosecution did not rise to level of plain error (E) holding that improper argument about purging jurors community of drug conspiracies did not rise to level of plain error
Output: holding any improper delegation did not rise to level of plain error