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.

Example Input: of the evidence. Hicks, 509 U.S. at 511, 113 S.Ct. at 2749. In interpreting Hicks, supra, the Second Circuit has stated definitively as follows: [Defendant] misreads the Supreme Court’s statement in Hicks that once a defendant produces evidence of a legitimate, nondiscriminatory reason for his or her action, the plaintiff must then establish that the defendant’s actions were intentionally discriminatory. [Defendant] takes this statement as requiring the plaintiff to adduce additional evidence after the defendant’s production — evidence beyond that presented in the plaintiffs prima facie case. Justice Scalia took pains to preclude such an interpretation of the Court’s decision when he observed that, upon rejection of the defendant’s proffered reasons for its action , 142 (2d Cir.1993) (<HOLDING>), cert. denied, — U.S. -, 114 S.Ct. 1189, 127 
 Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that former employer met its burden of proof that ubc exception applied (C) holding that the burden of proof is on the claimant (D) holding plaintiffs ultimate burden of proof can be met by combining proof submitted in its prima facie case with evidence that defendants proffered reasons for its acts were false (E) recognizing that a plaintiffs burden in establishing a prima facie case is not onerous
Example Output: holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence

Example Input: by jury is a fundamental guaranty of the rights and liberties of the people. C Prudential that the right to trial by jury is a constitutional right means that the starting point of our analysis is a presumption against the waiver of this constitutional right. See, e.g., Aetna Ins. Co., 301 U.S. at 393, 57 S.Ct. at 811-12; In re Prudential, 148 S.W.3d at 132 (giving right to trial by jury “same protections as other constitutional rights”); accord Ex parte Cupps, 782 So.2d 772, 775 (Ala.2000) (construing scope of contractual jury waiver strictly and narrowly “in deference to the constitutional guarantee of the right to a jury trial”); see also Note, 58 Baylor L.Rev. at 259. But see Lowe Enters. Residential Partners, L.P. v. Eighth Judicial Dist. Ct., 118 Nev. 92, 40 P.3d 405, 410 (2002) (<HOLDING>). Despite the existence of a presumption 
 Holding statements: (A) holding that prospective waivers of claims are void as against public policy (B) holding that the government was not bound by its waivers in three prior contracts (C) holding that german law presumptively confers joint custody upon both parents until a court enters a contrary order (D) holding  without reference to supreme court case law to the contrary  that in nevada contractual jury waivers are presumptively valid (E) holding appellate waivers are enforceable if invoked by the government
Example Output: holding that prospective waivers of claims are void as against public policy

Example Input: of valid military service by [ARPERCEN].” R. at 30 (emphasis added). Second, the RO repeated this misstatement of the law (again assuming that § 3.203 applies here) in the August 2000 SOC cited by the Board. Although the SOC accurately quoted § 3.203 in the section entitled “Pertinent Laws and Regulations” (R. at 38), the “Reasons and Bases” section on the very next page contained the same inaccurate (again assuming that § 3.203 applies) statement of law (noting that “basic eligibility to VA benefits may be established only upon verification of valid military service by [AR-PERS-COM]”). R. at 38-39 (emphasis added). In addition, the SOC postdated the May 2000 initial unfavorable agency of original jurisdiction (AOJ) decision in the instant case. See Pelegrini, 18 Vet.App. at 120 (<HOLDING>). Having found a notice error, the Court must 
 Holding statements: (A) holding that an adjudication on summary judgment is an adjudication on the merits (B) holding that appellant must identify with considerable specificity how 38 usc  5103a notice was defective (C) holding that section 5103a notice must precede initial aoj adjudication on serviceconnection claim (D) holding because an initial order contemplated the subsequent entry of a judgment the initial order was not considered a final adjudication (E) holding that any board reasonsorbases deficiency in discussing how section 5103a  3159b1 notice has been satisfied would of necessity be nonprejudicial to claimant where claimant re  ceived compliant notice
Example Output:
holding that an adjudication on summary judgment is an adjudication on the merits