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.

Ex Input:
Chief Judge: The appellant, Craig G. Falk, appeals from a July 8, 1996, Board of Veterans’ Appeals (BVA or Board) decision denying his claim service connection for post-traumatic stress disorder (PTSD). As the appellant has limited his appeal to the denial of that claim, the Court deems the appellant to have abandoned his right to appeal with respect to the denial of entitlement to benefits under 38 U.S.C. § 1151. Bucklinger v. Brown, 5 Vet.App. 435, 436 (1993); see also Carbino v. West, 168 F.3d 32, 34-35 (Fed.Cir.1999) (<HOLDING>). Upon consideration of the pleadings of the 
 Holding statements: (A) holding that an issue not presented to the trial court will not be considered on appeal (B) holding that issues not presented in an appellants initial brief to the court need not be considered under this courts rules (C) holding that claims not raised in an appellants initial brief to our court are waived (D) holding that issues not raised in an appellants initial brief are deemed abandoned (E) holding an appellant may not use the reply brief to argue issues not argued in the initial brief

Ex Output:
holding that an issue not presented to the trial court will not be considered on appeal


Ex Input:
to warrant such a delay. See id. Moreover, despite his argument to the contrary, Staler did not demonstrate that his criminal trial was invalid due to a fundamental error. See Stoneman, 870 F.2d at 106. Stuler was indicted and convicted for violating 26 U.S.C. § 7208. See United States v. McKee, 506 F.3d 225, 244 (3d Cir.2007) (noting the elements of 26 U.S.C. § 7203 include that the defendant: (1) was required to file the tax returns; (2) failed to file them; and (3) acted willfully). Stuler’s invocation of a host of unrelated statutes and regulations does not alter the fact that “importing” is not an element of a § 7203 charge. He has therefore failed to satisfy his burden of establishing a funda-' mental error. See United States v. Cariola, 323 F.2d 180, 184 (3d Cir.1963) (<HOLDING>). Because Stuler showed neither that any 
 Holding statements: (A) holding that any proceeding which is challenged by the writ is presumed to be correct and the burden rests on its assailant to show otherwise (B) recognizing that an agencys decision to terminate an employee is presumed correct (C) holding that the burden is on the plaintiff (D) holding that an exercise by the state of its police power is presumed to be valid when it is challenged under the due process clause of the fourteenth amendment (E) holding that the burden is on the defendant when the validity of the warrant is challenged

Ex Output:
recognizing that an agencys decision to terminate an employee is presumed correct


Ex Input:
constituting a breach of that duty. The most salient characteristic of a primary right is that it is indivisible: the violation of a single primary right gives rise to but a single cause of action. Mycogen Corp. v. Monsanto Co., 28 Cal.4th 888, 904, 123 Cal.Rptr.2d 432, 443, 51 P.3d 297, 306 (2002) (citations omitted). A party may bring only one cause of action to vindicate a primary right. Id. at 897, 123 Cal.Rptr.2d at 438, 51 P.3d at 302. Claims not raised in this single cause of action may not be raised at a later date. Id. MHC’s claims in federal and state court all involve a single primary right: the right to receive a fair return on its investment at Westwinds. They all stem from a single injury MHC claims to suffer. See Takahashi v. Bd. of Trs., 783 F.2d 848, 851 (9th Cir.1986) (<HOLDING>). MHC’s claims all relate to a single Ordinance 
 Holding statements: (A) holding right to testify was federal constitutional right (B) holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court (C) holding the plaintiffs statutory mandamus proceeding in state court barred the plaintiffs constitutional claims in federal court because both actions stemmed from a single primary right the contractual right to employment (D) holding that district court had no jurisdiction to consider plaintiffs claims that his constitutional rights were violated in state divorce proceeding (E) holding that a federal court litigant who is forced into state court under pullman may reserve a right to return to federal court in that the plaintiff can preserve the right to the federal forum for federal claims by informing the state court of his or her intention to return following litigation of the state claims in the state court

Ex Output:

holding right to testify was federal constitutional right