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. 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.
question:
S.Ct. 1215, 43 L.Ed.2d 570 (1975)." Peters v. Narick, 165 W.Va. 622, 628 n. 13, 270 S.E.2d 760, 768 n. 13 (1980). This Court has determined repeatedly that the West Virginia Constitution may be more protective of individual rights than its federal counterpart. See, e.g., State v. Bonham, 173 W.Va. 416, 317 S.E.2d 5 Daley, 174 W.Va. 299, 324 S.E.2d 713 (1984) (state constitution compels striking limitation on soliciting after sunset even if federal constitution does not); Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 611, 319 S.E.2d 372, 379 (1984) (Article III, 1 "more stringent in its limitation on waiver [of fundamental rights] than is the federal constitution"); Pushinsky v. West Virginia Board of Law Examiners, 164 W.Va. 736, 266 S.E.2d 444 (1980) (<HOLDING>); Pauley v. Kelly, 162 W.Va. 672, 707, 255
Holding statements: (A) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (B) recognizing that state constitution imposes more stringent limitations on power of state to inquire into lawful associations and speech than those imposed by federal constitution (C) recognizing exception under state constitution (D) holding that appellate court assumes appellant claims no greater protection under state constitution than that provided by federal constitution when state and federal claims not briefed separately (E) holding missouri constitution requires stricter separation of church and state than does federal constitution
answer:
recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution

question:
64 L.Ed.2d 795 (1980). We are faced with precisely such circumstances here. In their July 30 telephone conversation, Garcia negotiated with Papo for the purchase of heroin. He also instructed Papo to deliver the heroin to DeJe-sus, a direction that Papo clearly intended to carry out. Garcia's instructions to Papo and Papo's evident assent are independently admissible under Fed.R.Evid. 803(3). Under that rule, hearsay statements reflecting a declarant's intentions or future plans are admissible to prove subsequent acts. Fed.R.Evid. 803 advisory committee note. Accordingly, the July 30 Garcia-Papo conversation is admissible to prove that Papo and Garcia intended to carry out a narcotics transaction in which DeJesus would serve as a middleman. See United States v. Cicale, 691 F.2d at 104 (<HOLDING>). The July 30 conversation also is arguably
Holding statements: (A) holding coconspirators hearsay statements independently admissible under fedrevid 8033 to show declarants intent to engage in illicit drug transaction (B) holding that statements made by a doctor to a patient are not admissible under fedrevid 8034 because the rule does not except statements by the person providing medical care (C) holding rule 16a1a does not include statements made by coconspirators even if those statements can be attributed to the defendant for purposes of the rule against hearsay (D) holding evidence of prior drug use admissible to show motive and the nature of the defendants relationship with coconspirators (E) holding that evidence of prior drug transactions was admissible under rule 404b to show inter alia intent to enter into the drug conspiracy and knowledge of the conspiracy
answer:
holding that statements made by a doctor to a patient are not admissible under fedrevid 8034 because the rule does not except statements by the person providing medical care

question:
of the policy. There is no suggestion that Rollins was not provided with the policy or could not, for some reason personal to him, understand it. The third and fourth situations to which the reasonable expectations doctrine applies under Gordinier require "some activity which can be reasonably attributed to the insurer." 742 P.2d at 284. NSIC did not choose the language of the Outline or circulate the Outline for promotional purposes. Rather, state law mandated the relevant language of the Outline and required that insurers distribute the Outline of Coverage along with any Medigap policy. Ariz. Admin. Code R20-6-1113(C). Furthermore, state law mandated the level at which NSIC could cover Rollins' hospitalization costs. Id. R20-6-1105(C). Cf. Philadelphia Indemnity, 21 P.3d at 404 (<HOLDING>). If Medigap-covered patients are being misled
Holding statements: (A) holding a variable annuity issued by an insurance company to be a covered security (B) holding an insurance company liable for an accident clearly outside the protection of the policys actual terms but that could reasonably have been expected to be covered based on a promotional brochure drafted and distributed by the insurer (C) holding that under georgia law a holder of a master insurance policy is an agent of the insurance company and not the insurer (D) holding where an insurance policy indemnifies defense costs paid as a result of occurrences covered that the insurer need only reimburse defense costs for claims that are established to be covered through judgment and settlement and not for claims only potentially falling within the policys coverage (E) holding that a closing protection letter offering to indemnify a mortgage company was not an insurance contract where although issued by an insurance company there was no distribution of the risk
answer:
holding a variable annuity issued by an insurance company to be a covered security