TASK DEFINITION: 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.
PROBLEM: with a total of 8.3 grams of cocaine in them was consistent with both an intent to sell and with personal use. Id. at 631. We noted that the police did not find any money or drug paraphernalia on the defendant and there were “no other facts which would suggest an intent to sell.” Id. The packaging and weight of the drugs in this case is similar to that in Valentin, giving rise to similar conclusions about Alleyne’s intent. The state attempts to distinguish Valentin in two ways. First, there was no money found on Valentin, while Alleyne had $36 in his pocket and another $20 found in the paper bag with the marijuana. However, neither the amount of money found, nor the denominations of it were inconsistent with personal use. See Williams v. State, 569 So.2d 1376, 1377 (Fla. 2d DCA 1990) (<HOLDING>). Second, while the arresting officer in 
 Holding statements: (A) recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell (B) holding no unfair prejudice from admission of conviction for possession of 50 to 200 pounds of marijuana with intent to distribute as evidence of intent to distribute cocaine (C) holding that evidence was sufficient to sustain conviction of front seat passenger of possession with intent to distribute marijuana in paper bag in foot well of volkswagen on passengers side near gearshift in presence of marijuana smoke (D) holding that evidence consisting of 10 pieces of cocaine marijuana rolling paper 72 and a weapon was not sufficient to prove intent to sell (E) holding that there was sufficient evidence of intent to sell or deliver where the defendant was in possession of one large cocaine rock and eight smaller rocks

SOLUTION: recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell

PROBLEM: State, after expressing its clear and accurate understanding of the ... issue ..., deliberately steer[s] the District Court away from the question and towards the merits of [the] petition.” Wood v. Milyard, — U.S.-, 132 S.Ct. 1826, 1835, 182 L.Ed.2d 733 (2012) (internal citation omitted). In Wood, the state had assured the district court that it was “not challenging, but d[id] not concede, the timeliness of the petition.” Id. at 1830. As in Wood, the state’s words and conduct cannot be described as an inadvertent mistake or forfeiture of the exhaustion defense, as was the case in Day, but instead they clearly evidence an express intention to waive the exhaustion requirement. As the First Circuit said, “[t]hat was game, set, and match.” Pike v. Guarino, 492 F.3d 61, 71-72 (1st Cir.2007) (<HOLDING>). Other circuits have also held this type of 
 Holding statements: (A) holding that a deposition that was not presented to the trial court could not be considered on appeal (B) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (C) holding that a waived issue ordinarily cannot be resurrected on appeal whereas a forfeited issue may be reviewed for plain error (D) holding statement that  petitioner is correct in her assertion that the claims presented  have been exhausted  was unmistakably clear and could not be resurrected on appeal alteration in original (E) holding that complaint on appeal must be the same as that presented in the trial court

SOLUTION: holding that a deposition that was not presented to the trial court could not be considered on appeal

PROBLEM: estate professionals, bankers, appraisers and prospective buyers often view property while it is under construction." Appellant's Appendix at 18. We agree. It was reasonably foreseeable that other construction workers, prospective buyers, and other necessary professionals would be visiting the construction site. Further, it was reasonably foreseeable that a person would step on the Celotex. Guy's Concrete and Modern were performing work and had some control over the opening to the basement and the Celo-tex. Further, Dawn was rightfully on the premises. Consequently, Guy's Concrete and Modern owed a duty of care to Dawn, and the trial court did not err by denying the motions for summary judgment filed by Guy's Concrete and Modern on this issue. See, eg., Blake, 674 N.E.2d at 170-173 (<HOLDING>). II. Proximate Cause The next issue is whether 
 Holding statements: (A) holding that there was a genuine issue of material fact precluding summary judgment (B) holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues (C) holding that when there are no genuine issues of material fact summary judgment is appropriate (D) holding that summary judgment was improper where genuine issues of material fact existed as to whether prison officials prevented inmate from filing grievances (E) holding that the trial court erred by granting summary judgment to the contractor where genuine issues of material fact existed regarding a duty to an injured construction worker

SOLUTION:
holding that there was a genuine issue of material fact precluding summary judgment