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.
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Question: subjective, although it is usually proved by inference from the acts of the accused. Thus, intentionally entering or intentionally remaining unlawfully upon the described premises with the intent to commit any crime against a person or property rights constituted burglary, and therefore, it cannot logically be said that specifying the particular crime intended to be committed is, under our statutes, an essential element which must be alleged in order to charge the crime of burglary actual commission of a second underlying offense, in order to sufficiently charge the offense, it is incumbent on the State to allege the essential elements of the underlying offense; identification of the offense by name or statutory reference will not suffice. Cf. Elliott, 77 Hawaii at 312, 884 P.2d at 375 (<HOLDING>). Therefore, we adopt the rule set out in 
 Holding statements: (A) holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number (B) holding that a charge not taken under oath or affirmation is not a valid charge (C) holding that the omission of an element from the jury charge is subject to harmlesserror review (D) holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence (E) holding that statutory references in charge did not cure the omission of essential elements in the challenged counts of the charge

Answer: holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number


Question: without including a message of their own. “[T]here are commonsense differences between speech that does no more than propose a commercial transaction and other varieties.” Va. State Bd. of Pharmacy v. Va. Citizens Consumer Council, Inc., 425 U.S. 748, 771 n. 24, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976) (quotations and citation omitted). Common sense dictates that the use of images of Plaintiff Bosley to sell video tapes, website memberships, or defendants’ other wares, at most, constitute commercial speech. The Supreme Court has noted that “advertising which ‘links a product to a cur rent public debate’ is not thereby entitled to the constitutional protection afforded noncommercial speech.” Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 67-68, 103 S.Ct. 2875, 77 L.Ed.2d 469 (1983) (<HOLDING>) “Thus, it seems that the Supreme Court will 
 Holding statements: (A) holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine (B) holding that information pamphlets are properly characterized as commercial speech (C) holding that first amendment protections apply to compelled speech as well as restrictions on speech (D) recognizing that noncommercial speech is accorded greater protection under the first amendment than is commercial speech and striking down ordinance that imposed a greater restriction on political than on commercial billboards (E) recognizing that code is speech

Answer: holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine


Question: ¶1 In light of this Court’s decision in State v. Guillaume, 1999 MT 29, 293 Mont. 224, 975 P.2d 312, Cory Rosales moved the First Judicial District Court, Lewis and Clark County, to amend his sentence for the conviction of felony assault and the use of a weapon pursuant to § 46-18-221, MCA. The District Court dismissed his motion due to the running of the five-year statute of limitations for postconviction relief. Rosales appeals. We affirm the District Court. ¶2 On appeal, Rosales asks us to reconsider two procedural bars effective in a case similar to his, State v. Nichols, 1999 MT 212, 295 Mont. 489, 986 P.2d 1093. Specifically, he asks us to reverse our decision on the application of the statute of limitations and the bar against retroactive application of the law. Cf. Nichols (<HOLDING>). Rosales asserts that it would be inequitable 
 Holding statements: (A) holding that both procedural bars precluded the defendant from moving the court to amend his sentence on the basis of guillaume (B) holding that the plaintiff was precluded from raising the issue for the first time on appeal (C) holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence (D) holding bars failure to present evidence on an issue to which the parties had stipulated precluded the attorney from challenging the accuracy of the finding (E) holding that the court bars a party from raising an issue on remand that  was not raised on appeal

Answer:
holding that the plaintiff was precluded from raising the issue for the first time on appeal