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: as independent entities that solicited and accepted customer orders but used the services of FCMs for clearing, record keeping and retaining customer funds. See id. at 41. To guarantee the accountability of introducing brokers, the Commission was authorized to require them to meet “minimum financial requirements.” See id. First American Discount Corp. v. CFTC, 222 F.3d 1008, 1012 (D.C.Cir.2000). Thus, the legislative history behind the creation of IBs demonstrates Congressional intent not to render IBs agents of FCMs merely because of their status as IBs. Where, as here, the IB is engaged in non-CEA regulated activity, the court concludes that an IB of an FCM is not rendered an agent of the FCM by its mere IB status. See Cunningham v. Waters Tan & Co., 65 F.3d 1351, 1359 (7th Cir.1995) (<HOLDING>); cf. Tatum v. Legg Mason Wood Walker, Inc., 83 
 Holding statements: (A) holding that an alien is entitled to the fifth amendment guarantee of due process which is satisfied by a full and fair hearing (B) holding that the sixth amendments guarantee of the assistance of counsel is made obligatory upon the states by the fourteenth amendment (C) recognizing that a broad definition of stolen is consistent with the guidelines purposes and finding that the enhancement was properly applied where a defendant found a gun that was lost or mislaid by its owner who never authorized anyone to take the gun never sold it and never gave it away as a gift (D) holding that an fcm by entering into a guarantee agreement with ib as an individual never agreed to guarantee ibs other venture as a commodity pool operator  an activity of which fcm was never made aware (E) holding an attorney does not have a duty to insure or guarantee that the most favorable outcome possible and because no amount of work can guarantee a favorable result attorneys would never know when the work they do is sufficiently more than adequate to be enough to protect not only their clients from error but themselves from liability

SOLUTION: holding that an alien is entitled to the fifth amendment guarantee of due process which is satisfied by a full and fair hearing

PROBLEM: abused its discretion by providing an unreasonable characterization of the record evidence. See McElwee, 896 A.2d at 18 & nn. 7-8. While SEPTA claims that this, too, necessarily entailed unwarranted fact-finding on the part of the Commonwealth Court, we believe that it aligns with the approach utilized in Sienkiewicz I, wherein this Court not only determined that no record evidence existed to support a particular factual finding central to the trial court’s decision to grant relief (i.e., that Penn-DOT had installed curbing along the “Stafford Straightaway”), but proceeded to delineate the essential facts that were proved by the uncontradicted record evidence in ultimately agreeing with Penn-DOT’s position that relief was unjustified. See Sienkiewicz I, 584 Pa. at 282, 883 A.2d at 502 (<HOLDING>). Under the circumstances of this case, then, 
 Holding statements: (A) recognizing that the evidence establishes that direct access to landowners property was always from the stafford straightaway factually there was never any direct access from the stafford curve rather this portion of the roadway like davis street and the route 81 ramps was merely part of an adjacent road system providing a convenient flow of traffic in the direction of landowners property (B) holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property (C) recognizing distinction and allowing recovery for impairment of access and not obstructed flow of traffic (D) holding that the landownerlicensee relationship ceased when the licensee left the landowners property (E) holding in an inverse condemnation case that the abutting landowners right of direct access was subservient to the city of portlands proper exercise of its governmental powers for purposes of public safety and convenience and that the elimination of access from the landowners property to the affected street did not constitute a taking

SOLUTION: holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property

PROBLEM: to light and be appropriately remedied if the person who is suffering from this inadequacy is not permitted to do so. Simply ignoring a pretrial assertion of ineffectiveness of counsel means that the claim is left to be taken up in post conviction relief proceedings. Graves, 642 So.2d at 144. We do not believe this reasoning extends to a motion to disqualify. Unlike a motion to dismiss counsel, the effectiveness of the defendant’s court-appointed attorney is not at issue, and the attorney has no incentive to refrain from adopting his client's motion if that claim has any merit. If counsel chooses not to adopt the pro se motion, the defendant may opt to represent himself and file the motion to disqualify at that time. See Logan, 846 So.2d at 475. 15 . See Nelson, 274 So.2d at 258-59 (<HOLDING>), approved of in Hardwick v. State, 521 So.2d 
 Holding statements: (A) holding that when a defendant raises a claim on direct appeal that trial counsel was ineffective defendant bears the burden of assuring record is adequate (B) holding that when a defendant raises a claim of ineffective assistance of counsel the trial judge must conduct an inquiry into the claim (C) holding that a defendant must show actual prejudice to succeed on an ineffective assistance of counsel claim (D) recognizing a constitutional claim for ineffective assistance of counsel (E) holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate

SOLUTION:
holding that when a defendant raises a claim on direct appeal that trial counsel was ineffective defendant bears the burden of assuring record is adequate