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.

Input: Consider Input: abused its discretion by providing an unreasonable characterization of the record evidence. See McElwee, 896 A.2d at 18 & nn. 7-8. While SEPTA claims that this, too, necessarily entailed unwarranted fact-finding on the part of the Commonwealth Court, we believe that it aligns with the approach utilized in Sienkiewicz I, wherein this Court not only determined that no record evidence existed to support a particular factual finding central to the trial court’s decision to grant relief (i.e., that Penn-DOT had installed curbing along the “Stafford Straightaway”), but proceeded to delineate the essential facts that were proved by the uncontradicted record evidence in ultimately agreeing with Penn-DOT’s position that relief was unjustified. See Sienkiewicz I, 584 Pa. at 282, 883 A.2d at 502 (<HOLDING>). Under the circumstances of this case, then, 
 Holding statements: (A) recognizing that the evidence establishes that direct access to landowners property was always from the stafford straightaway factually there was never any direct access from the stafford curve rather this portion of the roadway like davis street and the route 81 ramps was merely part of an adjacent road system providing a convenient flow of traffic in the direction of landowners property (B) holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property (C) recognizing distinction and allowing recovery for impairment of access and not obstructed flow of traffic (D) holding that the landownerlicensee relationship ceased when the licensee left the landowners property (E) holding in an inverse condemnation case that the abutting landowners right of direct access was subservient to the city of portlands proper exercise of its governmental powers for purposes of public safety and convenience and that the elimination of access from the landowners property to the affected street did not constitute a taking

Output: holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property


Input: Consider Input: court’s credibility determinations “unless the court credited testimony that was essentially unbelievable as a matter of law,” United States v. Smith, 308 F.3d 726, 746 (7th Cir.2002). There is no clear error in the district court’s decision to credit the presentence investigation report and Officer Morrissey’s sworn testimony over the unsworn, hearsay statement of the defendant. See United States v. Torres-Ramirez, 213 F.3d 978, 980-81 (7th Cir.2000) (‘When the sentence rests on testimony under oath ... it is enough that the judge believe the witness — unless the testimony is illogical or contradicted by documents or other physical evidence, making it clearly erroneous to accept the witness’s version of events.”); United States v. Krankel, 164 F.3d 1046, 1054-55 (7th Cir.1998) (<HOLDING>). Campbell directs us to no inconsistencies in 
 Holding statements: (A) holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error (B) holding that where defendant did not offer any rebuttal evidence to refute presentence report district court  was free to adopt facts in psi without further inquiry (C) holding that court may satisfy factual basis requirement by examining presentence report (D) holding that bald unsupported assertions by the defendant cannot refute presentence investigation report (E) holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report

Output: holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error


Input: Consider Input: “ ‘may take a variety of forms,’ ” including evidence tending to show “ ‘that the defendant’s stated reason for the adverse employment action was false.’ ” Id. (quoting Kendrick v. Penske Transp. Servs., Inc., 220 F.3d 1220, 1230 (10th Cir.2000) (further quotation omitted)). “The plaintiffs evidence can also allow for an inference that the employer’s proffered non-discriminatory reasons were either a post hoc fabrication or otherwise did not actually motivate the employment action....” Id. at 1102-03 (quotation and alteration omitted). A. Ms. Ramsey first argues that the district court failed to recognize that LCMC’s reasons for the termination have shifted over time, which is evidence tending to show pretext. See Whittington v. Nordam Group Inc., 429 F.3d 986, 994 (10th Cir.2005) (<HOLDING>); see also Plotke, 405 F.3d at 1104 (holding 
 Holding statements: (A) holding that a reasonable jury could find pretext for a termination where the plaintiff stated that her work was satisfactory and there was no indication that the plaintiffs statement was either incredible or fanciful (B) holding that the district court erred in failing to consider all of the employers proffered evidence of legitimate business reasons for the plaintiffs termination (C) holding that inconsistency in employers reasons for the termination is an indication of pretext (D) holding that posthoc reasons for an adverse employment decision constitute evidence of pretext (E) holding that a plaintiff can establish pretext only by showing that her employers explanation is a he


Output: holding that a reasonable jury could find pretext for a termination where the plaintiff stated that her work was satisfactory and there was no indication that the plaintiffs statement was either incredible or fanciful