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: defendant’s activities fall outside the FDCPA’s general provisions); Overton v. Foutty & Foutty, LLP, No. 1:07-cv0274-DFHTAB, 2007 WL 2413026, at *4 (S.D.Ind. Aug. 21, 2007) (recognizing majority position that party whose activities are limited to enforcement of security interests is not subject to all FDCPA requirements, and stating, ”[i]f a person invokes judicial remedies only to enforce the security interest in property, then the effort is not subject to the FDCPA (other than § 1692f(6) and § 1692i(a))[,] [b]ut if the person is also seeking additional relief, such as a personal judgment against the borrower, then the FDCPA applies.”) (collecting cases); Chomilo v. Shapiro, Nordmeyer & Zielke, LLP, Civ. No. 06-3103 (RHK/AJB), 2007 WL 2695795, at *6 (D.Minn. Sept. 12, 2007) (<HOLDING>); Acosta v. Campbell, No. 6:04CV761 ORL28DAB, 
 Holding statements: (A) holding that law firm executing nonjudicial foreclosure pro ceeding was enforcing a security interest rather than collecting a debt and hence fell outside the ambit of the fdcpa except for the provisions of section 1692f6 (B) recognizing distinction between general debt collection and enforcement of a security interest and observing that by the plain language of  1692a6   a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to  1692f6 (C) holding that a debt collectors filing of a lawsuit on a debt that appears to be timebarred  is an unfair and unconscionable means of collecting the debt (D) holding that the defendants actions in filing judicial foreclosure proceeding against mortgagor amounted to debt collection activity under the fdcpa and distinguishing decisions involving pursuit of nonjudicial foreclosure proceedings under a deed of trust from those in which a defendant has pursued judicial foreclosure proceedings which included seeking judgment on a note  by filing a lawsuit in state court (E) holding that back rent is debt under the fdcpa

SOLUTION: recognizing distinction between general debt collection and enforcement of a security interest and observing that by the plain language of  1692a6   a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to  1692f6

PROBLEM: of whether the images on the site constituted child pornography, the receipt shows Shiver’s familiarity with making commercial transactions for pornographic images on the Internet. The government also presented evidence specifically showing that the image of one child in particular had been produced in North Carolina. That the latter image ended up on Shiver’s computer in Florida strongly suggests that it traveled in interstate commerce. We likewise reject Shiver’s contention that the government’s evidence was insufficient to support the jury’s conclusion that he “knowingly possessed” the images of child pornography on his computer. Although we have interpreted the meaning of “knowing possession” in other contexts, see, e.g., United States v. Glover, 431 F.3d 744, 748 (11th Cir.2005) (<HOLDING>) (quotation omitted), we have not yet had 
 Holding statements: (A) holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession (B) holding in a similar factual situation that the bankruptcy court had no jurisdiction because it had no actual or constructive possession of the letters of credit involved (C) recognizing theory of constructive possession (D) holding that constructive possession need not be exclusive but may be shared by others (E) holding that k no wing possession can be demonstrated by proof of either actual or constructive possession

SOLUTION: holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession

PROBLEM: the peremptory strike. Purkett v. Elem, 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995). In this case, we cannot say that the Florida state court’s judgment was contrary to, or an unreasonable application of clearly established federal law, specifically the Supreme Court’s holding in Bat-son. As for the State’s strike of the first black prospective juror, the interaction between the parties and the state court (where, upon being challenged, the State revealed that it wished to strike this juror because two prosecutors had seen her sleeping during the jury selection process, and the trial court then moved onto the next juror) was adequate under Batson, so trial counsel was not ineffective in that respect. See Hightower v. Terry, 459 F.3d 1067, 1072 n. 9 (11th Cir.2006) (<HOLDING>). Moreover, even assuming that Sneed’s counsel 
 Holding statements: (A) recognizing this purpose albeit implicitly (B) recognizing that a trial judge can implicitly find a prosecutors proffered reasons credible (C) holding that the trial judge cannot simply rjubber stamp  a prosecutors nonracial explanation no matter how whimsical or fanciful  but in order to permit a questioned peremptory challenge  must conclude that the proffered reasons are first neutral and reasonable and second not a pretext (D) holding that findings by the trial judge are considered binding on appeal when supported by adequate substantial and credible evidence (E) holding that state prosecutors agreements with defendant not binding on federal prosecutors

SOLUTION:
recognizing this purpose albeit implicitly