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: “good cause for delay.” United States v. Occhipinti, 851 F.Supp. at 526; United States v. El-Gabrowny, 844 F.Supp. 955, 959 (S.D.N.Y.1994). Next, a “sufficient” affidavit must satisfy the following requirements: (1) the facts must be material and stated with particularity; (2) the facts must be such that if true they would convince a reasonable man that a bias exists; and (3) the facts must show the bias is personal, and not judicial, in nature. McClelland v. Gronwaldt, 942 F.Supp. 297, 300 (E.D.Tex.1996) (citation omitted). To be found sufficient as a matter of law, the affidavit must show “ ‘a true personal bias and allege specific facts’ as opposed to mere conclusions and generalizations.” United States v. Occhipinti, 851 F.Supp. at 525; see United States v. Sykes, 7 F.3d at 1339 (<HOLDING>). This Circuit has observed that “judicial 
 Holding statements: (A) holding that unsupported affidavits setting forth ultimate or conclusoiy facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment (B) recognizing that an implied contract must result from a meeting of the minds of the parties in mutual assent to the terms and must be based upon a sufficient consideration free from fraud or undue influence not against public policy and sufficiently definite to be enforced (C) holding that course of dealing may render uncertain terms sufficiently definite (D) holding that the facts averred must be sufficiently definite and particular to convince a reasonable person that bias exists simple conclusions opinions or rumors are insufficient (E) holding that unsupported affidavits setting forth ultimate or conclusory facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment

Output: holding that unsupported affidavits setting forth ultimate or conclusoiy facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment


Input: Consider Input: 393 N.W.2d 286, 290-91 (S.D.1986). • GILBERTSON, Chief Justice, (dissenting).. [¶ 26.] I respectfully dissent. I would reverse the lower court on Issue 2. I would hold the trial court erred when it granted partial summary judgment to 01-esens, holding City’s operation of food service at the municipal bar was an ultra vires act. [¶27.] An express grant of authority from the legislature “includes those incidental or implied powers that are necessary to enable a municipality to perform the function authorized.” City of Rapid City v. Rensch, 77 S.D. 242, 246, 90 N.W.2d 380, 383 (1958) (citation omitted). A municipality is vested with discretion as to how it exercises specific powers conferred upon it by the legislature, as long as the methods employed are n , 59 N.W.2d 732, 734 (1953) (<HOLDING>). Actions taken under a municipality’s implied 
 Holding statements: (A) holding municipality had implied authority to enter into a long term contract to establish a golf course although state statute did not specifically grant authority to establish golf courses as public parks (B) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (C) holding that the governments attorney had the implicit authority to bind the government although the contracting officer had the express authority (D) holding that plaintiff had no authority or statutory right for actions proper course was to report actions to proper legal authority (E) holding the court has the inherent authority to enter an order of confidentiality

Output: holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute


Input: Consider Input: the one involved in the prior litigation; (2) that the issue has been actually litigated in the prior litigation; and (3) that the determination of the issue in the prior litigation has been a critical and necessary part of the judgment in that earlier action. Rabo Agrifinance, 583 F.3d at 353. Further, “[t]he parties to the suits need not be completely identical, so long as the party against whom estoppel applies had the full and fair opportunity to litigate the issue in the previous lawsuit.” Id. Although usually an affirmative defense, collateral estop-pel may be raised sua sponte by the district court, particularly if both actions were brought in courts of the same dis trict, as is the case here. United Home Rentals, Inc. v. Tex. Real Estate Comm’n, 716 F.2d 324, 330 (5th Cir.1983) (<HOLDING>); see also Meador v. McFaddin, 172 F.3d 869, 
 Holding statements: (A) holding that a court may sua sponte take judicial notice of its docket (B) recognizing that in the interest of judicial economy res judicata may properly be raised by a district court sua sponte particularly where both actions are brought in the courts of the same district (C) holding that a court can raise the issue of res judicata sua sponte in order to affirm a grant of summary judgment (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff


Output: holding that a court may sua sponte take judicial notice of its docket