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 Input:
If a statement does not contain any expressly exculpatory material, the Government need not produce that statement to the defense. To hold otherwise would impose an insuperable burden on the Government to determine what facially non-exculpatory evidence might possibly be favorable to the accused by inferential reasoning. We are confident that the Supreme Court did not intend the Brady holding to sweep so broadly. United States v. Comosona, 848 F.2d 1110, 1115 (10th Cir.1988); see also Harris v. Kuba, 486 F.3d 1010, 1016 (7th Cir.2007) {“Brady does not require that police officers or prosecutors explore multiple potential inferences to discern whether evidence that is not favorable to a defendant could become favorable.”); United States v. Marrero, 904 F.2d 251, 261 (5th Cir.1990) (<HOLDING>). The Court finds that just such inferential 
 Holding statements: (A) holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b (B) holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights (C) holding that the burden is on the plaintiff (D) holding that the burden is upon the state under the applicable federal rules of evidence (E) holding that brady does not place any burden upon the government to conduct a defendants investigation or assist in the presentation of the defenses case

Ex Output:
holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b


Ex Input:
this suit ... was a necessary incident to the attorney’s effort to establish [the defendants’ claim].” Id. Unlike Bosurgi, however, the plaintiffs allegations provide no “basis for an inference” that CARCO conferred authority on Steele to receive service. Cf. Santos v. State Farm Fire and Casualty Co., 902 F.2d 1092,1094 (2d Cir.1990) (noting that service on defendant State Farm’s attorneys was improper where the plaintiff offered “no basis for an inference that State Farm had authorized its attorneys to accept service of process”). Accordingly, the court determines that the plaintiff has not shown that Steel was an agent of CARCO for service and that the plaintiffs service on CARCO was therefore deficient. United States v. Ziegler Bolt and Parts Co., Ill F.3d 878, 881 (Fed.Cir.1997) (<HOLDING>); J. and L. Parking Corp. Inc. v. United 
 Holding statements: (A) holding that even where an attorney exercises broad powers to represent a client in litigation these powers of representation alone do not create a specific authority to receive service (B) recognizing a state agencys powers are limited to 1 (C) recognizing separation of powers doctrine (D) holding that states grant of general corporate powers to hospital authorities does not include permission to use those powers anticompetitively (E) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client

Ex Output:
recognizing a state agencys powers are limited to 1


Ex Input:
Cote’s bias, Hayat alleges, first, that Cote made “several inappropriate racial and religious comments during deliberations.” Hayat presented evidence from Jurors L. and B., as well as from Juror H. via an affidavit by Ha-yat’s private investigator, that Cote made a “racial” comment during deliberations. B. declared that “[d]uring the deliberation process, ... Cote[ ] made the statement they all looked the same when wearing a costume or when put in a costume. I believe Mr. Cote made this statement in connection with a discussion of witness Naseem Khan’s claim that he had seen Ayman al-Zawahiri in Lodi.” Similarly, L. stated that “[djuring deliberations Mr. Cote made racial slurs. As an example, on one occasion ... he said in front of the entire group that they a 236-39 (10th Cir.2008) (<HOLDING>). Where, however, “a juror has been asked 
 Holding statements: (A) holding rule 16a1a does not include statements made by coconspirators even if those statements can be attributed to the defendant for purposes of the rule against hearsay (B) holding that rule 606b contains no exception for racially biased statements made during jury deliberations and expressing skepticism about whether constitutional concerns can ever override the rule (C) holding that federal rule of evidence 8034 the hearsay exception for statements made for medical diagnosis or treatment does not apply to statements made by doctors (D) recognizing rule (E) holding that the arkansas counterpart to cre 606b applies whether a verdict is reached or a mistrial declared and under the extraneous information exception allows jurors to testify about statements made during deliberations

Ex Output:

holding rule 16a1a does not include statements made by coconspirators even if those statements can be attributed to the defendant for purposes of the rule against hearsay