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: (Black, J., concurring)). We are also troubled because, given that there was nothing about the officers’ appearance or conduct that revealed that they were engaged in the performance of their duties, Davis lacked fair notice that mere spoken words, which did not disturb the peace, could nonetheless constitute the crime of obstructing the officer’s performance of duty. See Cantwell, 310 U.S. at 311, 60 S.Ct. at 906. “It is an elemental requirement of our constitutional jurisprudence that laws be reasonably intelligible, providing citizens with fair notice as to what conduct is legal and what conduct is illegal.” Rodney A. Smolla, Smolla and Nimmer on Freedom of Speech § 6:13 (1996) (citing Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972) (<HOLDING>)). We reiterate that we recognize the need to 
 Holding statements: (A) holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion (B) recognizing the medicare statutes broad delegation of authority (C) holding unconstitutional vagrancy statutes that were purposely designed to grant police broad discretion (D) holding unconstitutional ordinance that gave executive director excessive discretion in deciding whether the grant of a permit would be detrimental to the public (E) holding that district courts discretion is extremely broad

SOLUTION: holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion

PROBLEM: the prescribed five working days after the registrant's birthday is not a defense. Barker, 34 Cal.4th at 350, 18 Cal.Rptr.3d 260, 96 P.3d 507 ("forgetting the mandatory registration requirement of section 290 is simply not a legitimate defense to the charge of willfully failing to register”). As a result, it is possible that Gonzalez violated § 290(a)(1)(D) through ordinary negligence by forgetting to register during the mandated five working day period. Because the record suggests that Gonzalez made a good faith effort to comply with the registration law, we find that little or no moral culpability attaches to his violation of § 290(a)(1)(D). 11 . Gonzalez’s sentence is also a high multiple of the plea offers he received. See Reyes v. Brown, 399 F.3d 964, 969 n. 9 (9th Cir.2005) (<HOLDING>). 12 . See, e.g., Rummel, 445 U.S. at 282, 100 
 Holding statements: (A) holding that plea offers are relevant to determining whether a three strikes sentence is grossly disproportionate to the triggering offense (B) holding that penalty clauses are enforceable unless they are found to be grossly unreasonable (C) holding that in determining whether a crime is a continuing offense the court must focus on the nature of the substantive offense and not on the specific characteristics of the conduct in the case at issue (D) holding that sentencing court could consider whether the applicable guidelines were outdated and disproportionate but that imposing sentence based on the guidelines did not render sentence substantively unreasonable (E) holding that plea of guilty or nolo contendere is not rendered involuntary because it is a product of plea bargaining an accepted plea bargain must be recorded and court may accept a bargained plea to a lesser offense reasonably related to a charged offense

SOLUTION: holding that penalty clauses are enforceable unless they are found to be grossly unreasonable

PROBLEM: of computer [technology],-” DDR, 773 F.3d at 1257. Thus, claim 1 fails to recite an inventive concept. Accordingly, claim 1 fails to recite patent-eligible subject matter under § 101. 4. Alice Step Two for Remaining Asserted Claims of the ’051 Patent-Evaluation of Abstract Claims for an Inventive Concept Plaintiff has not separately identified an inventive concept for the remaining asserted claims apart from those already discussed above. Thus, the Court need not address whether any of the additional limitations in the remaining claims provide an inventive concept. Shakur v. Schriro, 514 F.3d 878, 892 (9th Cir. 2008) (litigants waive arguments by failing to raise them in an opposition to a motion to dismiss); accord John-Charles v. California, 646 F.3d 1243, 1247 n.4 (9th Cir. 2011).(<HOLDING>). Accordingly, for .the same reasons discussed 
 Holding statements: (A) holding that an issue is waived where the defendant failed to develop an argument in his appellate brief and cited no authority (B) holding party failed to develop any argument on this front and thus has waived it (C) holding that the appellant waived this argument (D) holding that the defendant waived argument on appeal by failing to develop a cogent argument (E) holding an argument waived in part because the party failed to develop it in the district court

SOLUTION:
holding that an issue is waived where the defendant failed to develop an argument in his appellate brief and cited no authority