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.
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Question: with the court, that Mr. Peralta has been granted a labor certification pursuant to a subsequent application filed by his employer. He has been awarded all of the relief that he sought, and there is consequently no live controversy concerning the original denial of his application for the same position with the same employer. As to the appellants whose employers have re-filed new certification applications that are currently pending, we do not think their claims are mooted. In contrast to Mr. Peralta, these parties have not yet received the relief originally sought and thus their original claim that the denial of their first certification application was arbitrary remains a live controversy. See County of Los Angeles v. Davis, 440 U.S. 625, 631, 99 S.Ct. 1379, 59 L.Ed.2d 642 (1979) (<HOLDING>). 3 . Actually, even after a certification is 
 Holding statements: (A) holding that a case under the declaratory judgments act remains a live controversy even if all requests for substantive declaratory relief become moot during the actions pendency as long as a claim for attorneys fees under the act remains pending (B) holding that issues as to whether declaratory relief should be granted had become moot and would be dismissed for lack of jurisdiction but that under hallman the entire appeal was not moot because there still was a live controversy as to whether appellee was entitled to recover attorneys fees under the declaratory judgments act and therefore issues regarding attorneys fees were not moot and would be decided (C) holding that appeals are moot when appellate courts can provide no effective relief (D) holding that a case is not moot so long as the court can fashion some form of meaningful relief for the injured party (E) holding that a previously live case can become moot only if interim relief or events have completely and irrevocably eradicated the effects of the alleged violation

Answer: holding that a case under the declaratory judgments act remains a live controversy even if all requests for substantive declaratory relief become moot during the actions pendency as long as a claim for attorneys fees under the act remains pending


Question: of the evidence to have determined the outcome.” Id.; accord Snow v. State, 697 S.W.2d 663, 666-68 (Tex.App.-Houston [1st Dist.] 1985), pet. dism’d, 794 S.W.2d 371 (Tex.Crim.App.1987). A “single egregious error” may constitute ineffective assistance. Thompson, 9 S.W.3d at 813. Frequently, it has. Texas Cases Reversing Without Evidence of Trial Strategy In at least 22 cases decided after the Court of Criminal Appeals decided Jackson v. State, Texas courts have reversed even though no evidence of trial counsel’s reasoning was presented. See Woods v. State, 59 S.W.3d 833, 835-38 (Tex.App.-Texarkana 2001, pet. filed); Mares v. State, 52 S.W.3d 886, 893 (Tex.App.-San Antonio 2001, pet. ref'd); Jaubert v. State, 65 S.W.3d 73 (Tex.App.-Waco 2000, pet. granted) (designated for publication) (<HOLDING>); Robison v. State, 35 S.W.3d 257, 265 
 Holding statements: (A) recognizing rule (B) recognizing a limited exception to the eightcorners rule for a pure coverage question where the insurer is not questioning the merits of the underlying thirdparty claim and the extrinsic evidence goes strictly to an issue of coverage without contradicting any allegation in the thirdparty claimants pleadings material to the merits of that underlying claim (C) recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court (D) holding that procedural bar rule does not apply to ineffectiveness claims (E) recognizing the rule in robinson and reviewing the merits of ineffectiveness claim without evidence of trial counsels strategy

Answer: recognizing rule


Question: supplemental findings of fact and conclusions of law, we deny his motion that we disregard them. 2 . Dunn asserts that Officer McClain’s, self-described "evasive maneuver” involved only taking his foot off the accelerator and did not involve braking' or making a quick movement. Regardless, deceleration, whether by braking or discontinuing acceleration, in response to a weaving driver, is evasive, and unsafe weaving does not require that other drivers brake or make quick, furtive movements. See Taylor v. State, 916 S.W.2d 680, 681-82 (Tex. App.-Waco 1996, pet. ref'd) (considering swerving into another lane and almost hitting an officers’ vehicle therein to be unsafe driving); see also Yeakley v. State, No. 03-09-00584-CR, 2011 WL 677391, at *4 (Tex.App-Austin Feb. 25, 2011, pet. dism’d) 
 Holding statements: (A) holding the drivers refusal to consent to search of automobile did not give rise to reasonable suspicion that vehicle contained narcotics (B) holding that a drivers knowledge that there are concealable weapons in the car available for the drivers use is evidence of possession (C) holding that surrounding drivers use of caution to avoid the appellants weaving vehicle did not render the weaving safe (D) holding that drivers decision to use alternate vehicle to avoid inconvenience of stopping at gas station did not render vehicle temporary substitute (E) holding that where uncontroverted evidence rebuts a presumption that a defendant consented to the drivers use of his vehicle the defendant is entitled to judgment as a matter of law

Answer:
holding the drivers refusal to consent to search of automobile did not give rise to reasonable suspicion that vehicle contained narcotics