Which type of court is most likely to have written this excerpt, and what is the most likely outcome?

The following instructions were given to the jury regarding the substantial factor test: "A substantial factor in causing harm is a factor that a reasonable person would consider to have contributed to the harm. It must be more than a remote or trivial factor. It does not have to be the only cause of the harm." The plaintiff argues that this definition is vague and that it misled the jury. But not only is it practically impossible to reduce the term "substantial factor" to lower terms, it is undesirable to do so, since causation in fact is ultimately a matter of probability and common sense.

A)	An appellate court most likely wrote the excerpt, and it will reverse the trial court's judgment

B)	An appellate court most likely wrote the excerpt, and it will affirm the trial court's decision

C)	A trial court most likely wrote the excerpt, and it will find for the plaintiff on the issue of the wording of the jury instruction

D)	A trial court most likely wrote the excerpt, and it will find for the defendant on the issue of the wording of the jury instruction