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 Input:
of the statute, the FDA's regulations, the FDA's internal interpretation, and precedent all demonstrate that a sterilizer for dental hand-pieces is a "device" as that term is defined in 21 U.S.C. 321(h). That being so, both SteriSafe and its accessory SteriDot are within the jurisdiction of the FFDCA. Defendant nevertheless posits three reasons why SteriSafe and SteriDot are not devices. First, defendant argues that the government failed to prove that dental handpieces transmit disease and, thus, that SteriSafe actually prevents disease. Such proof is not required. Congress had two purposes in enacting' the FFDCA: (1) to regulate products that actually prevent disease, and (2) to regulate products that falsely claim that they prevent disease. Because of those d 1006 (9th Cir.1952) (<HOLDING>). Defendant next argues that the Steri-Safe is
Holding statements: (A) holding that because the doctor who submitted an expert report did not demonstrate knowledge of cancer treatment he was not qualified to offer an opinion that an earlier diagnosis could have produced a better outcome for the plaintiff (B) holding that a machine that allegedly eliminated lumps from womens breasts was governed by the ffdca even though expert witnesses expressed the unanimous belief that appellants instruments are useless for diagnosis or treatment of any human ailment (C) holding the expert witnesses were protected by witness immunity to ensure expert objectivity (D) holding in a case where there was no evidence that the expert was incompetent or that the petitioners lawyers had any reason to question the experts professional qualifications that it was objectively reasonable for trial counsel to rely upon the experts diagnosis (E) holding that the admissibility of expert testimony was governed by state law

Ex Output:
(B)

Ex Input:
the district court would have been de facto granting a continuance by declaring a mistrial and summoning new jurors. We decline here to find that the district court abused its discretion in denying a mistrial when the defendant's own misconduct caused the alleged impartiality of the jurors and the court took reasonable steps to ensure the jurors could serve impartially. Williams v. Woodford, 306 F.3d 665, 723-24 (9th Cir.2002) ("The Sixth Amendment affords no relief when the defendant's own misconduct caused the alleged juror partiality and the trial judge employed reasonable means under the circumstances to preserve the trial's fairness") (citing United States v. Hernandez, 952 F.2d 1110, 1116-18 (9th Cir.1991)). See also United States v. Harris, 2 F.3d 1452, 1456 (7th Cir.1993) (<HOLDING>). Because the district court afforded the
Holding statements: (A) holding that law will not permit insured to profit from his own breach of contract when insured disregarded his contractual obligation to cooperate with insurer (B) holding that a bank officer who obtained for his own benefit a profit participation in a real estate venture in exchange for loaning bank money misappropriated a corporate asset (C) holding that a defendant should not profit from his own outburst (D) recognizing in context of fraudulent nondisclosure cases that a defendant may reasonably expect the plaintiff to make his own investigation draw his own conclusions and protect himself (E) holding that outofstate plaintiff had procured his own absence at trial of his case where record contained no intimation that his absence resulted from any reason other than his own volition

Ex Output:
(C)

Ex Input:
to resolve identification issues sufficiently supported the reliability of his application to the facts in this case, and his express observations and reasoning on the record reinforce this conclusion. Interestingly enough, the reliability of Detective Caffey's methodology finds further support in the fact that Pierce's own expert, Taylor-Austin, relied on similar experience-based credentials and the same gang-membership identifiers in assessing the conduct of the Appellants. Indeed, Taylor-Austin confirmed that clothing in a specific color, Philadelphia Phillies memo rabilia, and terminology such as "Pira" were factors suggestive of Blood gang membership, and reached a conclusion regarding the evidence in this case based, in part, on these facts. See id. at 151, 119 S.Ct. at 1176 (<HOLDING>). The only cognizable difference between the
Holding statements: (A) holding that expert testimony may be admissible even if not generally accepted in the relevant scientific community provided that it qualifies in some other way as reliable under federal rule of evidence 702 (B) holding that product rule method of dna statistical evidence is now generally accepted in the relevant scientific community (C) recognizing that it may be appropriate to ask an expert relying on experience whether his preparation is of a kind that others in the field would recognize as acceptable and whether his method is generally accepted in the relevant community (D) holding that whether the witnesss area of expertise was technical scientific or more generally experiencebased the court in its gatekeeping function must make certain that an expert whether basing testimony upon professional studies or personal experience employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field (E) recognizing that an expert may rely on an article because it is the expert who determines based on study and experience whether the article is reliable

Ex Output:
(C)