instruction:
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.
question:
two for support). The fallacy of this position is that it confuses and commingles two conflicting strands of case law which follow opposing judicial routes. As noted above, in every case cited by the majority in footnote two, the fruits of a search were deemed admissible only after the search was found to be constitutional, i.e., distinctions as to admissibility of the fruits of a particular search against the consenting occupant and the nonconsenting occupant were never drawn. There is no authority for the majority’s proposition that the fruits of an unconstitutional search should be admitted into evidence. Indeed such a proposition violates one of the founding principles of the Fourth Amendment. See Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963) (<HOLDING>). Most commentators also agree failure to 
 Holding statements: (A) holding that evidence obtained by improper search or seizure is inadmissible (B) holding that the physical fruits of a miranda violation must be suppressed (C) holding that evidence resulting from an unconstitutional search or seizure must be suppressed (D) holding that regardless of the applicable framework defendants statement must be suppressed (E) holding that the evidence obtained as part of an illegal stop should have been suppressed even where the defendants consented to the search
answer:
holding that evidence obtained by improper search or seizure is inadmissible


question:
on the circuit court orders and the statements of defense counsel at the hearing. We hold that neither the doctors nor the trial court could rely on facts and legal conclusions within the circuit court orders. Thus, the doctors’ assertions at the hearing, which were based on facts within the orders, constituted factual statements of counsel. Moreover, the orders were, in effect, memoranda submitted by counsel. In any event, the trial court could not properly consider factual statements from either when deciding the motions, however they are characterized. Cf. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995) (noting that the ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint); Gilmore, 290 S.C. 53, 348 S.E.2d 180 (<HOLDING>). This is not to say that circuit court orders 
 Holding statements: (A) holding that the judge cannot consider factual statements of counsel in a motion for summary judgment (B) holding that unsworn statements may not be considered on a motion for summary judgment (C) holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment (D) holding that motion to dismiss cannot be treated as summary judgment (E) holding that conclusory statements without factual support are of no value to the court when deciding a summary judgment motion
answer:
holding that unsworn statements may not be considered on a motion for summary judgment


question:
has been described as “collateral, subordinate and incidental in character.” Bassell v. W.Va. Cent. Gas Co., 86 W.Va. 198, 103 S.E. 116, 118 (1920). Thus, a lessor’s right to free gas generally only accrues upon production of gas in paying quantities. See Caylor v. Mendenhall, 127 Kan. 290, 273 P. 172, 173 (1929). Several issues have arisen regarding free gas clauses in oil and gas leases, however, this appears to be the first case to address whether such “free” gas must be in a useable condition. Often the dispute concerns the interpretation of “a principal dwelling” in the lease language, the source free gas, the quantity of free gas, or the geographic scope of the use of free gas. See, e.g., D.R. Lauck Oil Co. v. Breitenbach, 20 Kan.App.2d 877, 879-80, 893 P.2d 286, 289 (1995) (<HOLDING>); Richardson v. Nw. Cent. Pipeline Corp., 241 
 Holding statements: (A) holding plaintiffs were properly enjoined from using excessive amounts of gas not contemplated by the free gas clause in the lease (B) holding provision in oil and gas lease authorizing lessor to use gas for agricultural purposes contained no geographical limitations (C) holding a gas storage and oil lease providing for free gas for domestic use at the principal dwelling house on said lands and for low cost gas for domestic use on said lands in the event of storage limited the lessor to low cost gas at one principal dwelling (D) holding the lessee in providing free gas to the lessor owed the lessor the same duty of care as a regulated public utility would owe its customers despite express lease language placing the risk of using the gas on the lessor (E) holding assignment of oil and gas lease is subject to business and commerce code section 2601
answer:

holding plaintiffs were properly enjoined from using excessive amounts of gas not contemplated by the free gas clause in the lease