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: Sept. 3, 1998)(variance is not material “where the allegations and proof substantially correspond, the variance is not of a character which could have misled the defendant at trial and is not such as to deprive the accused of his right to be protected against another prosecution for the same offense”). A material variance is sometimes referred to as a “fatal variance.” We have not been consistent in requiring materiality, but have sometimes reversed upon a finding of variance without exploring the further question of materiality. Compare Rowan v. State, 57 Tex.Crim. 625, 124 S.W. 668 (1910)(variance is not material unless it could mislead defense or expose defendant to danger of subsequent prosecution for same offense); Plessinger v. State, 536 S.W.2d 380 (Tex.Crim.App.1976)(<HOLDING>) with Pedrosa v. State, 155 Tex.Crim. 155, 232 
 Holding statements: (A) holding that a defendant must demonstrate that he would not have pled guilty but for the error (B) holding that heightened evidentiary standard of proof is not required where the sentencing enhancement is based entirely on the extent of the conspiracy to which the defendant pled guilty (C) holding that where a defendant is misled and induced to plead by his counsels mistaken advice then he may be allowed to withdraw his plea (D) holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material (E) holding variance in style of case pled for enhancement not material where defendant not surprised or misled to his prejudice

Answer: holding that a defendant must demonstrate that he would not have pled guilty but for the error


Question: opposing party’s motion. We have held that there is an “overarching liberal policy of allowing amendments under Rule 15.” Ex parte Liberty Nat’l Life Ins. Co., 858 So.2d 950, 954 (Ala.2003). However, Rule 15 “‘is not carte blanche authority to amend ... at any time.’ ” Burkett v. American Gen. Fin., Inc., 607 So.2d 138, 141 (Ala.1992)(quoting Stallings v. Angelica Uniform Co., 388 So.2d 942, 947 (Ala.1980)). The trial court has discretion to deny an amendment for good cause. Ex parte GRE Ins. Group, 822 So.2d 388, 390 (Ala.2001); Stallings, 388 So.2d at 947. The deadline in the scheduling order does not curtail the trial court’s discretion in considering the merits of the offered amendment. See Moses.com Sec., Inc. v. Comprehensive Software Sys., Inc., 406 F.3d 1052, 1066 (8th Cir.2005)(<HOLDING>). The trial court can refuse to allow an 
 Holding statements: (A) holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act (B) holding that interest does not begin to accrue until the date of judgment not the date of verdict (C) holding that although the defendant filed a number of motions because the original trial date never changed as a result of those motions no delay could be attributed to the motions (D) holding in part that the presumption of public access attaches to pretrialnondiscovery motions whether preliminary or dispositive and the materials briefs and documents filed with the court in support of or in opposition to such motions but not to pretrial discovery motions (E) holding that the scheduling order merely prescribes the date by which all motions to amend shall be filed the date on the scheduling order does not confine the district courts consideration of the merits of such motions and does not preclude it from finding that an amendment would result in prejudice

Answer: holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act


Question: motion to vacate pursuant to Court of Chancery Rule 12(b)(1). Y. For the foregoing reasons, the State’s motion to dismiss F & D’s entire Verified Petition pursuant to Court of Chancery Rule 12(b)(1) is GRANTED. IT IS SO ORDERED. 1 . In addition, 10 Del. C. § 5703(b) provides: Subject to subsection (c) of this section, a party who has not participated in the arbitration and who has not been made or served with an application to compel arbitration may file its complaint with the Court seeking to enjoin arbitration on the ground that a valid agreement was not made or has not been complied with or that the claim sought to be arbitrated is barred by limitation of § 5702(c). 2 . 10 Del. C. § 5703(b) and (c). 3 . See Weymouth v. State of Delaware, 1983 WL 17987, at *4 (Del.Ch. July 18, 1983) (<HOLDING>). 4 . 10 Del. C. § 5703(c). 5 . Emphasis added. 
 Holding statements: (A) holding that a partys failure to follow the unequivocal mandate of 10 del c  5703c precludes that party from attempting to deny the plaintiff the opportunity to enjoin the arbitration (B) holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration (C) holding that rookerfeldman precludes jurisdiction over a federal lawsuit to compel arbitration under the federal arbitration act because the action was inextricably intertwined with the plaintiffs failed statelaw action to compel arbitration under the louisiana arbitration act (D) holding that a party attempting to compel arbitration must first establish that the dispute in question falls within the scope of a valid arbitration agreement (E) holding that failure to follow mandatory provision of statute renders the act void whereas failure to follow directory provision does not

Answer:
holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration