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.

Input: Consider Input: that the people in the venire do not represent a fair and reasonable cross-section of the District of New Mexico. See United States v. Foxworth, 599 F.2d 1, 4 & n. 4 (1st Cir.1979)(stating that residents of counties, cities, and towns do not constitute a distinct, cognizable group for purposes of Sixth Amendment cross-section analysis); United States v. Test, 550 F.2d 577, 582 (10th Cir.1976)(“Mere geographical imbalance, absent evidence that an identifiable and cognizable segment of the community has been systemically excluded or underrepresented by reason of such imbalance, does not violate the statutory and constitutional requirement that the jury panel represent a ‘fair cross section’ of the community.”); United States v. Traficant, 209 F.Supp.2d 764, 780-81 (N.D.Ohio 2002)(<HOLDING>). Considering the foregoing, the Court will 
 Holding statements: (A) holding that the defendant did not prove that italianamericans are a cognizable group (B) holding that residents of a geograph ic area are not a distinct cognizable group and citing united states v test which made clear that a geographic area is not a distinct group for support (C) holding same and citing physicians multispecialty group (D) recognizing women as a distinct group (E) recognizing native americans as a distinct group

Output: holding that the defendant did not prove that italianamericans are a cognizable group


Input: Consider Input: 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

Output: holding that when a term is defined in the statute it need not be further alleged in the indictment


Input: Consider Input: 346 (1985). A pattern is shown through two or more related acts of racketeering activity that “amount to or pose a threat of continued criminal activity.” Wisdom v. First Midwest Bank, 167 F.3d 402, (8th Cir.1999) (quoting United HealthCare Corp., v. Am. Trade Ins. Co., 88 F.3d 563, 571 (8th Cir.1996)). Appellants’ RICO claim was dismissed without prejudice for failure to set forth the predicate acts of mail and wire fraud with the particularity required by Rule 9(b) of the Federal Rules of Civil Procedure. Rule 9(b) requires that a party alleging fraud or mistake “state with particularity the circumstances constituting a fraud or mistake.” Fed.R.Civ.P. 9(b); see Murr Plumbing, Inc. v. Scherer Bros. Fin. Srvcs. Co., 48 F.3d 1066, 1069 (8th Cir.1995) (citing 18 U.S.C. §§ 1341, 1343) (<HOLDING>). Appellants’ amended complaint alleges in very 
 Holding statements: (A) holding that heightened pleading standards of fed rcivp 9b apply to fraud elements of rico claim (B) holding that plaintiffs must provide more than conclusory allegations to satisfy rule 9bs requirement that circumstances of fraud be pleaded with particularity (C) holding that the federal false claims act is an antifraud statute to which rule 9bs heightened pleading requirements apply (D) holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud (E) holding that rule 9bs heightened pleading requirement applies to allegations of mail and wire fraud used as predicate acts for a rico claim


Output: holding that heightened pleading standards of fed rcivp 9b apply to fraud elements of rico claim