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: court, in addition to other disbursements allowed by law, the following costs: . . . For travel, such sum as the court may allow”); Mass.RCiv.P. 54(d) (“Except when express provision therefore is made either in a statute of the Commonwealth or on these rules, costs shall be allowed as of course to the prevailing pariy unless the court otherwise directs”). However, the Supreme Judicial Court cautioned that “(i]n taxing costs, courts do not seek to compensate litigants fully for the cost of litigation.” Waldman v. American Honda Motor Co., supra, 413 Mass, at 322. Furthermore, the Supreme Judicial Court has advised that “where such costs are permitted, an award of costs is allowable only when based on ‘specific affirmative authority.’ ” Demoulas v. Demoulas, 432 Mass. 43, 64 (2000) (<HOLDING>). 4.Travel Costs of Prevailing Party In 
 Holding statements: (A) holding that attorneys fees and court costs are recoverable under general hold harmless indemnity agreement (B) holding costs of service of subpoenas recoverable (C) holding that costs of daily transcripts during trial are not recoverable (D) holding attorneys fees not generally recoverable unless party prevails under cause of action for which attorneys fees are recoverable and damages are recovered (E) holding that fees are not recoverable for work for which the client could not be charged

Output: holding that attorneys fees and court costs are recoverable under general hold harmless indemnity agreement


Input: Consider Input: Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, “automatic.” However, it also suggests that the proper procedure is for the district court expressly to “convert” a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth 
 Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties

Output: holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them


Input: Consider Input: The agency reasonably found that unfulfilled threats, which were the only individualized harm Yang alleged he had suffered, did not rise to the level of persecution. See Ci Pan v. United States Atty. General, 449 F.3d 408, 412-13 (2d Cir.2006). This is so, even when considered in conjunction with his father’s alleged beating, because, as the IJ noted, Yang did not allege that this incident resulted in any injuries to his father or caused Yang any continuing harm. See Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296, 308 (2d Cir.2007) (“the statutory scheme unambiguously dictates that applicants can become candidates for asylum relief only based on persecution that they themselves have suffered or must suffer”); see also Tao Jiang v. Gonzales, 500 F.3d 137, 141-42 (2d Cir.2007) (<HOLDING>). Therefore, the agency did not err in finding 
 Holding statements: (A) holding that an asylum applicant cannot claim past persecution based solely on the harm that was inflicted on a family member on account of that family members political opinion or other protected characteristic (B) recognizing that an applicant may be able to demonstrate persecution based on persecution of family members where the applicant shares  the characteristic that motivated persecutors to harm the family member was in the zone of risk when the family member was harmed and suffered some continuing hardship after the incident citing jorgetzoc v gonzales 435 f3d 146 150 2d cir2006 (C) holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution (D) recognizing that the harm suffered by family members in combination with other factors  would presumably only be persecution where  the applicant not only shares or is perceived to share the characteristic that motivated persecutors to harm the family members but was also within the zone of risk when the family member was harmed and suffered some continuing hardship after the incident (E) holding the wifes testimony that husbands release would cause psychological harm to other family members was insufficient to support commitment courts finding that husband would cause serious bodily harm to another person


Output: holding that an asylum applicant cannot claim past persecution based solely on the harm that was inflicted on a family member on account of that family members political opinion or other protected characteristic