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.

[Q]: and the prosecutor, the Court finds, one, there is a factual basis for the entry of the plea[.]” We conclude that the summary of the facts presented by the prosecutor and Defendant’s stipulations are sufficient to establish a factual basis for Defendant’s guilty plea. Specifically, the prosecutor’s statements that the victim “is 80 years of age” and “is crippled in her knees with arthritis and requires a crutch to walk” and that Defendant “told his mother that he would kill her and cut her heart out[,]” “grabbed the victim[,]” and “slung her across the room twice and then hit her with her crutch” provided a sufficient factual basis to support Defendant’s guilty plea. See N.C. Gen. Stat. § 14-32.1(a) & (e); see also State v. May, 159 N.C. App. 159, 166, 583 S.E.2d 302, 306 (2003) (<HOLDING>). Accordingly, we conclude this argument has no 
 Holding statements: (A) holding that right to challenge factual basis is waived by guilty plea (B) holding that district court abused discretion in denying motion to withdraw plea based on intervening supreme court decision that may have rendered factual basis of plea insufficient (C) holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed (D) holding that although defendant is not entitled to appeal from his guilty plea as a matter of right his arguments challenging the factual basis for his guilty plea are reviewable pursuant to a petition for writ of certiorari (E) holding that district court properly considered a police report that the defendant had stipulated contained a factual basis for his plea
[A]: (C)


[Q]: at the La Vega site. The fact that the Esso station at La Vega ceased its operations in 1998 does not change the prospective nature of plaintiffs’ suit at the time it was brought. Moreover, in PauÉuxet the Court stated that it did not agree “with the reasoning which, apparently, led the Louisiana district court, following the Hamker decision, to dismiss a number of actions simply because no violations occurred on the dates the complaints were filed. A plaintiff who makes allegations warranting injunctive relief in good faith, judged objectively, may recover a penalty judgment for past violations even if the injunction proves unattainable.” Pawtuxet, 807 F.2d at 1094 (citing .1992); Umatilla Waterquality Protective Ass’n v. Smith Frozen Foods, Inc., 962 F.Supp. 1312, 1322 (D.Or.1997) (<HOLDING>). Accordingly, the court concludes as 
 Holding statements: (A) holding that wetlands adjacent to navigable waters are included in the term territorial waters (B) holding that a worker injured on actual navigable waters in the course of employment is covered under the lhwca (C) holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states (D) holding a discharge of pollutants is ongoing if the pollutants continue to reach navigable waters even if the discharger is no longer adding pollutants to the point source itself (E) holding that to achieve goals of cwa epa is required to establish and enforce technologybased limitations on individual discharges into the countrys navigable waters from point sources
[A]: (D)


[Q]: was not altered.”). Rather, we believe that the “burden-shifting” approach advanced in Southmre strikes the appropriate balance by maintaining plaintiffs burden of persuasion, but eliminating the possibility that defendant may prevail on the bare allegation that some unidentifiable change occurred in the product. Cf. Hurd v. American Hoist & Derrick Co., 734 F.2d 495, 501 (10th Cir.1984) (ruling that the mere “conclusory statement” that substantial change had occurred was insufficient to create a jury question). This balance, we note, comports with the underlying philosophy of strict products liability, leaving the ultimate burden of proof with the party in control of the product when the substantial change allegedly would have occurred, see Stewart, 52 Haw. at 75, 470 P.2d at 243 (<HOLDING>), but still advancing the public interest in 
 Holding statements: (A) recognizing that a violation of the mbta is a strict liability offense (B) recognizing that substantial change is a defense to a products liability claim (C) recognizing products liability and products actions based on negligence as part of the general maritime law (D) recognizing the significance of control in strict products liability (E) recognizing strict product liability actions
[A]:
(D)


