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: Chief Judge: The appellant, Craig G. Falk, appeals from a July 8, 1996, Board of Veterans’ Appeals (BVA or Board) decision denying his claim service connection for post-traumatic stress disorder (PTSD). As the appellant has limited his appeal to the denial of that claim, the Court deems the appellant to have abandoned his right to appeal with respect to the denial of entitlement to benefits under 38 U.S.C. § 1151. Bucklinger v. Brown, 5 Vet.App. 435, 436 (1993); see also Carbino v. West, 168 F.3d 32, 34-35 (Fed.Cir.1999) (<HOLDING>). Upon consideration of the pleadings of the 
 Holding statements: (A) holding that an issue not presented to the trial court will not be considered on appeal (B) holding that issues not presented in an appellants initial brief to the court need not be considered under this courts rules (C) holding that claims not raised in an appellants initial brief to our court are waived (D) holding that issues not raised in an appellants initial brief are deemed abandoned (E) holding an appellant may not use the reply brief to argue issues not argued in the initial brief

Answer: holding that an issue not presented to the trial court will not be considered on appeal


Question: reasoning of these cases. Moreover, we believe that declaratory relief is also moot when the challenged acts have already “irretrievably occurred.” Accordingly, we apply the teachings of N.J. Tpk. Auth., that the claim for injunctive relief had become “academic by reason of these changed circumstances .... ” Id. at 27. Here, as in N.J. Tpk. Auth., the challenged action awarding the contracts has already occurred, and the work required by them has already been performed. There is no longer a “ ‘subject matter upon which the judgment of the court can operate’ to make a substantive determination on the merits.” Id. at 30 (quoting Ex parte Baez, 177 U.S. 378, 390, 20 S.Ct. 673, 44 L.Ed. 813 (1900)); see also Jersey Cent. Power and Light Co. v. State of N.J., 772 F.2d 35, 36 (3d Cir.1985) (<HOLDING>). II. For Appellants to be prevailing parties 
 Holding statements: (A) holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot (B) holding that plaintiffs who sought injunctive relief under 42 usc  1983 could get same relief in a state court mandamus action (C) holding that a challenge to a mining plan was moot where the action sought to be enjoined hadbeen completed (D) holding that a court may award injunctive relief against a state officer (E) holding that injunctive claim was rendered meaningless since the state action sought to be enjoined has irretrievably occurred

Answer: holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot


Question: than .08 a the time of the accident, then the jury must also find that the defendant was guilty of the DUI offense. In this case, one expert fixed the defendant’s blood alcohol level at the time of the crash as .185 or .19. A second expert testified that the defendant had the equivalent of eleven drinks of alcohol in his body at the time of the crash. According to the testimony, the maximum blood alcohol level he could have had at the time of the accident was .20, and the minimum was .12. The defendant had also ingested Valium, which further impaired him. The state proved beyond a reasonable doubt that he drove with an unlawful blood alcohol level. As in Dodge, any presumption of impairment issues was a moot concern. See also Searles v. State, 816 So.2d 793, 795 (Fla. 2d DCA 2002) (<HOLDING>). The trial court believed that the granting of 
 Holding statements: (A) holding that the giving of the presumption of impairment instruction was harmless error when there is sufficient evidence of actual impairment such that there is no doubt that the jury would have found impairment even without the erroneous instruction (B) holding that unless an erroneous instruction was unlikely to have changed the result of the trial a reviewing court cannot say that giving the instruction was harmless error (C) holding that the giving of an erroneous reasonable doubt instruction can never be harmless error (D) holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction (E) holding that a trial judge is obliged to give a correct jury instruction notwithstanding that request for instruction was technically erroneous if the evidence generates the subject matter of the jury instruction

Answer:
holding that unless an erroneous instruction was unlikely to have changed the result of the trial a reviewing court cannot say that giving the instruction was harmless error