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: 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

SOLUTION: holding that unsworn statements may not be considered on a motion for summary judgment

PROBLEM: to invoke the jurisdiction of the trial court. As a matter of first consideration, any court has the duty to determine, sua sponte, whether it has jurisdiction to hear the case. Welch v. McDougal, 876 S.W.2d 218, 220 (Tex.App.-Amarillo 1994, writ denied). As material to this question, section 65.023(b) of the Texas Civil Practice & Remedies Code requires that an application for an injunction to stay proceedings in a suit or execution on a judgment must be tried in the court in which the suit is pending or the judgment was rendered. This requirement is jurisdictional and does not relate merely to venue. See Butron v. Cantu, 960 S.W.2d 91, 94 (Tex.App.-Corpus Christi 1997, no writ); Home Sav. Ass’n v. Ramirez, 600 S.W.2d 911, 913 (Tex.Civ.App.-Corpus Christi 1980, writ refd n.r.e.) (<HOLDING>). Because the Gard-ners seek to challenge 
 Holding statements: (A) holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is  no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court (B) holding that a judgment is subject to collateral attack where  the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court  exceeds the powers conferred on it by constitutional or statutory provisions (C) holding that a dis trict court has no authority to issue injunction restraining enforcement of judgment of the county court where as here the judgment solely resolves who is entitled to immediate possession (D) holding that motion to dismiss should not  be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law (E) holding that a judgment of another states court is entitled to full faith and credit j when the judgment is considered final under the laws of the rendering state

SOLUTION: holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is  no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court

PROBLEM: that Bartholdi’s claims of privilege were not properly raised before the Commission. Section 405 of the Communications Act provides that the Commission must be afforded an “opportunity to pass” on an issue as a condition precedent to judicial review. 47 U.S.C. § 405(a)(2). In this case, Bartholdi raised its privilege claims, if at all, only before the WTB. Bartholdi’s application for review to the Commission made no mention of either the attorney-client or work-product privilege. Under the plain language of Section 405, an issue cannot be preserved for judicial review simply by raising it before a Bureau of the FCC. It is “the Commission” itself that must be afforded the opportunity to pass on the issue. Id.; cf. Parsippany Hotel Management Co. v. NLRB, 99 F.3d 413, 418 (D.C.Cir.1996) (<HOLDING>). Bartholdi contends that it preserved the 
 Holding statements: (A) holding that issue raised before alj but not nlrb was not preserved (B) holding that despite the merits of the argument the appellant raised on appeal the issue was not preserved for judicial review because it was not raised before the administrative agency (C) holding issues not raised before the district court are not preserved for appeal (D) holding that because the appellant did not present to the administrative agency the argument it raised before this court the issue was not preserved and holding that even if preserved the argument failed (E) holding an issue not raised to the family court is not preserved for appellate review

SOLUTION:
holding that despite the merits of the argument the appellant raised on appeal the issue was not preserved for judicial review because it was not raised before the administrative agency