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: of the original note because the endorsement on the note in evidence did not match the endorsements on the copy of the note attached to the complaint. As argued by OneWest, the Cummings presented no testimony or evidence to contradict Mr. Den-son’s testimony that the note in evidence was the original note acquired by OneWest in May 2010. Likewise, the Cummings’ argument regarding the validity of the assignment of mortgage from MERS to In-dyMac is not relevant to OneWest’s standing to foreclose. Because the evidence showed that OneWest possessed the original note endorsed in blank at the time it filed the complaint, its standing is established from its status as the note holder regardless of any recorded assignments. See Stone v. BankUnited, 115 So.3d 411, 413 (Fla. 2d DCA 2013) (<HOLDING>) (quoting Mazine v. M & I Bank, 67 So.3d 1129, 
 Holding statements: (A) holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty (B) holding that the holder of the note must act in a manner that effectively provides notice that the holder has exercised his option (C) holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder (D) holding that where a mortgagee is acting on behalf of the note holder there is no disconnection between note and mortgage and the mortgagee may foreclose (E) holding that the note and the mortgage must coexist to give the mortgage validity

SOLUTION: holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty

PROBLEM: reasonable presumption against waiver should be indulged. Commonwealth v. Hooks, 375 Mass. 284, 288 (1978). A defendant’s illiteracy or low intelligence is not dispositive of his capacity to waive Miranda rights and render a knowing, intelligent, and voluntary confession. See Commonwealth v. Ostrander, 441 Mass. 344, 346, cert. denied, 543 U.S. 867 (2004); Commonwealth v. Jackson, 432 Mass. 82, 86-87 (2000) (concluding that the defendant, who had a learning disability and an IQ in the eighties, validly waived his rights in light of his “considerable prior experience with the police and in receiving Miranda warnings,” as well as his “cunning” attempts to exculpate himself “after being confronted with the [ ] evidence against him”); Commonwealth v. Hartford, 425 Mass. 378, 380-81 (1997) (<HOLDING>); Commonwealth v. Dingle, 73 Mass.App.Ct. 274, 
 Holding statements: (A) holding that a 15yearold was of suitable intelligence and maturity to validly waive miranda rights specifically focusing on the fact that the juvenile had been advised of his rights on three prior occasions and had once asked for an attorney (B) recognizing that plaintiffs had standing to allege infringements of their first amendment rights where the record established that they had been threatened with enforcement of the statute and that such enforcement would cause them injury (C) holding that language difficulties may impair the ability of a person in custody to waive his miranda  rights in a free and aware manner (D) holding admissible suspects statement to police after being informed that he had been identified in a lineup which the court assumed without deciding was interrogation for purposes of the appeal because the statements were voluntarily made without any coercion and came after the suspect was given and validly waived his miranda rights (E) holding that irrespective of the suspects limited reasoning ability and iq of 73 evidence that the suspect had held various parttime jobs had been living on his own possessed a drivers license and had prior experience with law enforcement was probative of competence to waive miranda rights

SOLUTION: holding that a 15yearold was of suitable intelligence and maturity to validly waive miranda rights specifically focusing on the fact that the juvenile had been advised of his rights on three prior occasions and had once asked for an attorney

PROBLEM: on his alleged disability. Upon a thorough review of the record, and after consideration of the parties’ briefs, we affirm. I. We review de novo the district court’s grant of a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss, accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff. Timson v. Sampson, 518 F.3d 870, 872 (11th Cir.2008). A court “shall dismiss” a case filed in forma pau-peris if the court determines that the action is frivolous. 28 U.S.C. § 1915(e)(2)(B)(i). We review a frivolity dismissal for abuse of discretion. Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir.2001). A claim is frivolous if it is without arguable merit either in law or fact. Id.; Carroll v. Gross, 984 F.2d 392, 393 (11th Cir.1993) (<HOLDING>). Pro se pleadings will be liberally construed. 
 Holding statements: (A) holding that regardless of other factors as to harms a movants likelihood of success must carry at least a fair chance of success on the merits in order to warrant interim relief internal quotation omitted (B) holding that reversal is required when a significant step in a case is taken in an accuseds absence if it appears that he has lost an advantage or has been prejudiced (C) holding that the taxpayer filed a frivolous return because it had no basis in law or fact (D) holding that a case is frivolous for  1915d now  1915e2bi when it appears the plaintiff has little or no chance of success (E) holding that union has discretion not to file a grievance that it believes has no chance of success due to mootness

SOLUTION:
holding that regardless of other factors as to harms a movants likelihood of success must carry at least a fair chance of success on the merits in order to warrant interim relief internal quotation omitted