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.
One example is below.
Q: Drapeau's cohorts, the cohort would be a "victim" of making the bomb. Further, firebombs are inherently dangerous. There is no peaceful purpose for making a bomb. Felony offenses that involve explosives qualify as "violent crimes" for purposes of enhancing the sentences of career offenders. See 18 U.S.C. 924(e)(2)(B)(ii) (defining a "violent felony" as: "any crime punishable by imprisonment for a term exceeding one year ... that ... involves use of explosives"). Courts have found possession of a'bomb to be a crime of violence based on the lack of a nonviolent purpose for a bomb and the fact that, by its very nature, there is a substantial risk that the bomb would be used against the person or property of another. See United States v. Newman, 125 F.3d 863 (10th Cir.1997) (unpublished) (<HOLDING>); United States v. Dodge, 846 F.Supp. 181,, Holding statements: (A) holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1 (B) holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence (C) holding that sexual assault of a child qualified as crime of violence under 18 usc 16 (D) holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b (E) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16
A: (A)
Rationale: It's a good example. Based on the given prompt, option (A) is correct.
Q: attention deficit disorder. I see these patients for their regular medical problems and provide their primary medical care. [Emphasis added.] Dr. Rushing's report and curriculum vitae show that he was (a) actively and currently practicing medicine at the time it was written, (b) has actually treated and was currently treating patients being prescribed Adderall specifically for ADD, and (c) is board certified in internal medicine. Thus, he meets the requirements set forth in section 74.401(a) and (c) for being qualified to render an opinion as to the standard of care applicable to the treatment of a person diagnosed with ADD and being prescribed Adderall. See Tex. Civ. Prac. & Rem.Code Ann. 74.401(a), (c); Terry A. Leonard, P.A., 293 S.W.3d at 677; cf. Barber, 303 S.W.3d at 795-96 (<HOLDING>). Appellants contend that because Dr. Rushing
Holding statements: (A) holding that a written report drafted by a person who is not properly qualified as an expert may not be considered as summary judgment evidence (B) holding expert report requirement fulfilled in claim against nurse by providing expert report of nurse as to standard of care and expert report of medical doctor as to causation (C) holding that standard of care need not be listed separately in report when same standard applies to each health care provider (D) holding that anesthesiologist who had participated in numerous similar surgeries and had observed proper padding and positioning technique as part of surgical team was qualified to provide expert report as to standard of care applicable to general surgeon (E) holding anesthesiologist qualified to opine on conduct of surgeon in health care liability claim because anesthesiologists report tied his education training and experience to the specific alleged breach the positioning and padding of a patient during surgery not the conduct of the actual operating techniques
A:
(D)