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.

[EX Q]: the defendants conceded that, as a general rule, homogenous precinct analysis may be more reliable than ecological regression, we cannot say that the district court clearly erred in accepting Mag-giotto's numbers and treating the election as arguably split-preference. 5 . The defendants also argue that, even if there is a statutory violation, Section 2 should not be enforced because it is unconstitutional under the Equal Protection Clause, principles of federalism, and' the "congruence and proportionality” test established by City of Boerne v. Flores, 521 U.S. 507, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997). We need not address this argument in light of our holding that Section 2 has not been violated. See Slack v. McDaniel, 529 U.S. 473, 485, 120 S.Ct. 1595, 1604, 146 L.Ed.2d 542 (2000) (<HOLDING>) (quoting Ashwander v. TVA, 297 U.S. 288, 347, 
 Holding statements: (A) holding that a district courts ruling may be upheld on an alternative ground supported by the record (B) holding that judgment may be affirmed on any ground supported by the record (C) holding that a successor judge may consider a motion for new trial in a case tried to the court where she is not required to weigh conflicting evidence or pass upon the credibility of witnesses but can resolve such issues  upon evidence which is not materially in conflict (D) holding that to preserve an issue for appellate review the specific legal argument or ground upon which it is based must be presented to the trial court (E) recognizing that courts should not pass upon a constitutional question although properly presented by the record if there is also present some other ground upon which the case may be disposed of
[EX A]: holding that a district courts ruling may be upheld on an alternative ground supported by the record

[EX Q]: of attorney-client privilege, nor could they. There was thus no error in admitting the bill. J. The Apportionment of Damages Defendants Ashton and Short contend that the Court erred in refusing to apportion damages among the Defendants. This issue as such was first raised in Defendants’ Amended Motion and would not need to be considered by the Court. Arkwright Mutual Insurance Co. v. Philadelphia Electric Co., supra. Prior to the charge of the Court, the parties were advised of the charge and Ash-ton and Short vaguely objected because of the potential for joint and several liability; however they did not propose any points for charge with respect to the apportionment of damages. See Frankel v. Burke’s Excavating, Inc., 269 F.Supp. 1007 (E.D.Pa.1967), aff’d 397 F.2d 167 (3rd Cir. 1968) (<HOLDING>). In any event, under Section 433(b), 
 Holding statements: (A) holding that alleged defects in special interrogatories could not be the basis for a new trial when counsel had not pointed out the alleged defect to the court (B) holding that when a term is defined in the statute it need not be further alleged in the indictment (C) holding that the court had no jurisdiction over an alleged breach of a plea agreement (D) holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court  properly dismissed plaintiffs  fraudulent concealment claim (E) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect
[EX A]: holding that when a term is defined in the statute it need not be further alleged in the indictment

[EX Q]: court, Ghosh’s submissions suggest that he was, understandably, confused by the dual processing of his case by both agencies, and believed that he would have to wait for the SDHR’s administrative process to conclude prior to filing his suit. Were Ghosh represented by counsel, such reasoning perhaps would not be tenable. However, as a pro se plaintiff attempting to navigate a confusing administrative structure, made more confusing by SDHR’s duplicative investigation begun just two weeks after Ghosh was sent the EEOC’s final determination in the case, Ghosh is not unjustified in reaching the conclusion that he was obligated to wait to file suit until the close of the administrative proceedings. Cf. Shumway v. Hendricks, No. 93-CV-485, 1994 WL 672656, at *3 (N.D.N.Y. Nov. 28, 1994) (<HOLDING>). The case file indicates that Ghosh has been 
 Holding statements: (A) recognizing same principle (B) recognizing the established principle that the alj is not required to take the claimants assertions of pain at face value (C) recognizing principle (D) holding premature a suit filed before final administrative determination of claimants administrative claim (E) recognizing the principle that an administrative agency error should not work to a claimants detriment
[EX A]:
recognizing same principle