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.

make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State’s motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client’s behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, — U.S. —, —, 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this 
 Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal
holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan

and sold it to nonre-latives. We conclude that the evidence is not sufficient to rebut the presumption that the property is marital. The form of the transaction, while not dispositive, is compelling in the instant case because of Klem’s knowledge of, and experience with, joint tenancies. Klem was fully aware of how joint tenancies operated. As the husband of Hazel, he became the sole owner of Hazel’s family property as a surviving joint tenant, a fact he acknowledged during his deposition. Subsequent to his sole ownership of the property, he knowingly deeded the property to Larry and Colleen as joint tenants. In so doing, he gave both parties an interest in the property. See Melina v. Melina, 411 N.W.2d 204, 207 (Minn.App.1987); Erdahl v. Erdahl, 384 N.W.2d 566, 567 (Minn.App.1986) (<HOLDING>). Finally, also indicative of the donor’s 
 Holding statements: (A) holding that spouse could not claim exemption in property that was only property of other spouses estate (B) holding that devise of real estate to one spouse was nonmarital and noting that had testator intended such property to be devised as marital property he could have designated appellant as a joint tenant (C) holding money received from inheritance as nonmarital property presumptively became marital property when placed in joint account under arkansas law (D) holding that transferring joint property into one partys name for estate planning purposes does not convert marital property into nonmarital property (E) holding that circuit court erred in failing to consider that marital property in the form of marital earnings was used to pay debt against nonmarital property
holding that spouse could not claim exemption in property that was only property of other spouses estate

(D.C.Cir.1979).” The rationale for the business-records exception to the hearsay rule is that reliability is assured because the maker of the record relies on the record in the regular course of business activities. See Ex parte Frith, 526 So.2d 880, 882 (Ala.1987). The “regular course” of business “must find its meaning in the inherent nature of the business in question and in the methods systematically employed for the conduct of the business as a business.” Palmer v. Hoffman, 318 U.S. 109, 115, 63 S.Ct. 477, 87 L.Ed. 645 (1943). When an organization does not rely upon particular records for the performance of its functions, those records are not business records within the meaning of the Rule 803(6) exception to the hearsay rule. See Palmer v. Hoffman, 318 U.S. at 114, 63 S.Ct. 477 (<HOLDING>). It is not enough to qualify under the 
 Holding statements: (A) holding that accident report provided by railroad company employee did not qualify as business record where essentially prepared for use in litigating not in railroading (B) holding that gradecrossing accident reports prepared by a railroad were not business records because they were not prepared for the systematic conduct of the enterprise as a railroad business rather the reports are calculated for use essentially in the court not in the business their primary utility is in litigating not in railroading (C) holding that daily reports prepared by agency investigator were not records within a system of records since they were retrievable by the investigators identifier and not accessed by plaintiffs name (D) holding that warrants of deportation were properly characterized as nontestimonial official records that were prepared independent of this litigation and were not prepared to prove facts for use in future criminal prosecutions (E) holding that documents that were not created by but that were received maintained and relied upon by a business are business records under  8036

holding that accident report provided by railroad company employee did not qualify as business record where essentially prepared for use in litigating not in railroading