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.

Ex Input:
by “ ‘(1) the peculiar dignity and protection to which the law cloaks the human person, as contrasted with articles of commerce; (2) the inequality of the bargaining positions and relative intelligence of the contracting parties; (3) the amount of consideration received; (4) the likelihood of inadequate knowledge concerning future consequences of present injury to the human body and brain; and (5) the haste, or lack thereof, with which release was obtained.’ ” Finch, 84 Wn.2d at 146 (quoting Finch v. Carlton, 10 Wn. App. 32, 39, 516 P.2d 212 (1973) (McInturff, J., dissenting)). 2 A few cases have imposed an affirmative duty to explain contracts when the defendants know the signer is illiterate or speaks another language. See Scott v. Bodnar, 52 N.J. Super. 439, 145 A.2d 643 (1958) (<HOLDING>); S. Pac. Co. v. Gastelum, 36 Ariz. 106, 283 P. 
 Holding statements: (A) holding failure to explain consequence of signature to illiterate plaintiff could be grounds for avoiding release (B) holding that failure to explain allegations and possible consequences mandated reversal (C) holding that failure to explain the effect of a term of supervised release was harmless error where term of imprisonment combined with maximum imprisonment for violation of supervised release was still less than statutory maximum (D) holding that 24 hours is sufficient time for a plaintiff to review release (E) holding that fundamental error occurred and reversal was required when trial court failed to explain allegations or to explain adequately future use of adjudication record

Ex Output:
holding that failure to explain allegations and possible consequences mandated reversal


Ex Input:
[u]nder [28 U.S.C.] § 2254(d)(l)’s ‘unreasonable application’ clause, ... a federal habeas [corpus] court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, that application must also be unreasonable. Id. at 411, 120 S.Ct. 1495. Applying these standards to the present case, the court’s inquiry must be whether the uit Court of Appeals case for the proposition that the application of a statute prohibiting felons from possessing firearms does not violate the ex post facto clause because it is a protective measure and does not impose any new or different punishment. See United States v. O’Neal (“O’Neal”), 180 F.3d 115, 124-25 (4th Cir.1999) (<HOLDING>) (criticizing Davis). Additionally, the 
 Holding statements: (A) holding that state statutory bans against employment of convicted felons in certain jobs did not impose punishment under ex post facto clause (B) holding that revocation of medical license does not violate the ex post facto clause (C) holding north carolina felony firearms act did not violate the ex post facto clause because it was a measured public safety provision and its applicability to previously convicted felons was eminently reasonable (D) holding that the ex post facto clause did not apply because the civil contempt citation was not punitive (E) holding that the alaska sex offender registration act did not violate the ex post facto clause

Ex Output:
holding that state statutory bans against employment of convicted felons in certain jobs did not impose punishment under ex post facto clause


Ex Input:
the context of the EAJA, see, e.g. Perales v. Casillas, 950 F.2d 1066, 1072 (5th Cir.1992) (noting failure of bad faith claim did not mandate conclusion that government’s position was substantially justified); Barry v. Bowen, 825 F.2d 1324, 1334 (9th Cir.1987) abrogated on other grounds, 884 F.2d 442 (9th Cir.1989) (bad faith standard "higher than the substantial justification standard"); Gregory C. Sisk, "The Essentials of the Equal Access to Justice Act: Court Awards of Attorney's Fees for Unreasonable Government Conduct (Part Two)” 56 La. L.Rev. 1, 54 (1995) (noting that where the government acts in bad faith, this "under mines the 'substantial justification’ for the government's position”), as well as in other areas. Cf. United States v. Truesdale, 211 F.3d 898, 908 (5th Cir.2000) (<HOLDING>). Here we simply conclude that the basis for 
 Holding statements: (A) holding that a bad faith claim is a tort (B) holding that for the administrative position of the government to be substantially justified it must have a reasonable basis both in law and fact (C) holding that congress did not want the substantially justified standard to be read to raise a presumption that the government position was not substantially justified simply because it lost the case citations omitted (D) holding that in order to establish bad faith claim under hyde amendment criminal defendant must show more than that governments position was not substantially justified (E) holding that the governments position must be justified to a degree that could satisfy a reasonable person and have a reasonable basis in both law and fact citations omitted

Ex Output:

holding that a bad faith claim is a tort