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: consistent with the respective rights of the parties.” Sign and Pictorial Union Local 1175 v. NLRB, 419 F.2d 726, 731 (D.C.Cir.1969). Section 8(d) provides, however, that the obligation to bargain in good faith “does not compel either party to agree to a proposal or require the making of a concession.” 29 U.S.C. § 158(d). Thus, the Act does not require any party “to yield any position fairly maintained; ‘firmness of a bargaining position does not constitute bad faith.’ ” 419 F.2d at 731 (internal citation omitted). The Union argues that the Board’s finding of an impasse should nevertheless be reversed for four reasons. First, the Union alleges the Board did not conduct the sort of intensive factual inquiry it was obliged to make. See Taft Broadcasting Co., 163 N.L.R.B. 475, 478 (1967) (<HOLDING>), enforced, American Fed’n of Television & 
 Holding statements: (A) holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith  (B) recognizing that the primary issue to be considered in whether the representative parties will fairly and adequately protect the interest of the class is a determination of whether any antagonism exists between the interests of the plaintiffs and those of the remainder of the class (C) recognizing that the law of the shop includes the understanding of the parties (D) holding that whether impasse exists rests upon factintensive inquiry into the bargaining history the good faith of the negotiating parties the length of negotiations the importance of the issues about which there is disagreement and the contemporaneous understanding of the parties as to the state of negotiations (E) holding that where the parties contemplate the formal execution of a final agreement there is a strong inference that the parties  do not intend to be bound by earlier negotiations or agreements until the final terms are settled 
Example Output: holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith 

Example Input: first, that under New Jersey law a plaintiff assumes the risk of voluntarily participating in a sporting activities, citing Meistrich v. Casino Arena Attractions, Inc., 31 N.J. 44, 155 A.2d 90 (1959) and Pona v. Blvd. Arena, 35 N.J.Super. 148, 113 A.2d 529 (App.Div.1955), and that Buglioli voluntarily participated in a “cat and mouse game.” These cases provide no defense. First, the court knows of no decision after New Jersey adopted its comparative negligence statute interposing “assumption of risk” as a complete defense in a negligence action. To the contrary, a recent case arising from a contact sport accident formulated an appropriate rule by adjusting the standard of care, not by finding “assumption of risk.” See, e.g., Crawn v. Campo, 257 N.J.Super. 374, 608 A.2d 465 (1992) (<HOLDING>). Second, the court finds no New Jersey case 
 Holding statements: (A) holding prison official must have acted with reckless disregard for the inmates safety (B) holding no evidence of reckless disregard for safety of others when officer entered intersection without stopping and witness did not hear brakes being applied (C) holding that an unlawful act committed with the intent to injure or in a grossly negligent manner that proximately causes death is involuntary manslaughter and that criminal liability is imposed in the latter instance because although the defendants acts are not inherently wrong the defendant has acted or failed to act with awareness of the risk to safety and in wilful disregard of the safety of others (D) holding in actions arising from a contact sport accident plaintiff must show defendant acted in reckless disregard of the safety of others or intentionally (E) holding that cjulpable negligence is negligence of a gross and flagrant character which evinces a reckless disregard for the safety of others
Example Output: holding prison official must have acted with reckless disregard for the inmates safety

Example Input: 950 S.W.2d 121, 132 (Tex.App.-El Paso 1997, no pet.); Ulloa v. State, 901 S.W.2d 507, 510 (Tex.App.-El Paso 1995, no pet.); Castaneda v. State, 852 S.W.2d 291, 294-95 (Tex.App.-San Antonio 1993, no pet.). A waiver of a “right” is distinguished from a waiver of an “error.” Until there is a timely request for the instruction the constitutional right to the instruction does not arise. Only if there is a timely request for the instruction and the trial court refuses the request does error occur. Whether to request a “no adverse inferences” jury instruction is within the tactical discretion of the defense counsel. Gomez-Olivas, 897 F.2d at 502; Henson v. State, 734 S.W.2d 119, 120 (Tex.App.-Houston [1st Dist.] 1987, pet. ref'd). Cf. Posey v. State, 966 S.W.2d 57, 62-63 (Tex.Crim.App.1998) (<HOLDING>); see also 43A George E. Dix & Robert O. 
 Holding statements: (A) holding defensive issues not applicable to the case within article 3614 of code of criminal procedure unless and until defense counsel raises issue by requesting jury instruction on issue (B) holding that criminal defendant was not entitled to a jury trial on the issue of restitution under the oregon vehicle code (C) holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel (D) holding previous case when no one challenged the issue could not be precedent on the issue (E) holding a prior case was not precedent on an issue when the issue was not contested
Example Output:
holding that criminal defendant was not entitled to a jury trial on the issue of restitution under the oregon vehicle code