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: theory, once the police ... [make] a show of authority designed to produce a stop, the Fourth Amendment is implicated. If, in response to unjustified police actions, the suspect thereafter abandons the property he or she is carrying, then the property abandoned, be it illegal drugs, stolen goods, or other evidence, normally cannot be used against the accused. Clancy, The Supreme Court’s Search for a Definition of a Seizure: What is a “Seizure” of a Person Within the Meaning of the Fourth Amendment? 27 AvlCRIm. L.Rev. 619, 648 (1990). It is undisputed that Johnson denied ownership of the gun when Silvers showed it to him. Tr. at 53, 71. He can thus be fairly said to have exhibited the requisite intent to abandon the gun. See United States v. Veatch, 674 F.2d 1217, 1221 (9th Cir.1981) (<HOLDING>); see also United States v. Canady, 615 F.2d 
 Holding statements: (A) holding due process is not violated when failure to receive notice is the result of attorneys decision to abandon law practice (B) holding that neither the language nor the legislative history of the fcpa indicates the congressional intent to create a private right of action (C) holding that a demal of ownership indicates intent to abandon (D) holding that shall generally indicates a mandatory intent unless a convincing argument to the contrary is made (E) holding use of word may generally indicates permissive rather than mandatory intent

Answer: holding due process is not violated when failure to receive notice is the result of attorneys decision to abandon law practice


Question: supervising, or otherwise controlling the agent” in addition to any vicarious liability that may be imposed via the agent’s actions. We hold that plaintiffs under the ICRA may proceed against the employer on either a direct negligence or vicarious liability theory for supervisor harassment in a hostile-work-environment case. The Faragher-Ellerth affirmative defense, with the burden of proof on the employer, applies only to claims of vicarious liability. Ellerth, 524 U.S. at 764, 118 S.Ct. at 2270 (adopting affirmative defense “in order to accommodate the agency principle of vicarious liability for harm caused by misuse of supervisory authority” (emphasis added)); accord Faragher, 524 U.S. at 807, 118 S.Ct. at 2292; see also Johnson v. Shinseki, 811 F.Supp.2d 336, 348 n.2 (D.D.C. 2011) (<HOLDING>); Swinton v. Potomac Corp., 270 F.3d 794, 803 
 Holding statements: (A) holding that the victims negligence is not a defense to criminal conduct (B) holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied (C) holding because the court applied the negligence standard the faragher defense is inapplicable (D) holding that equitable defense of laches is inapplicable to claims of fraud (E) holding that even though the court does not usually apply the clearly erroneous standard to mixed questions of fact and law this standard is properly applied to the materiality issue

Answer: holding that the victims negligence is not a defense to criminal conduct


Question: vague standard. See, e.g., id. (describing the "reasonable belief” standard as one that "appears to be roughly comparable to the reasonable ‘ar-ticulable suspicion’ standard applied by the Supreme Court” in “stop and frisk” cases, and directing that "doubtful cases [should] be resolved in the defendant’s favor_”) (emphasis added). 12 . See, e.g., Test, supra, 420 U.S. at 30, 95 S.Ct. 749 (recognizing that without discovery, "a party almost invariably would be unable to determine whether he has a potentially meritorious jury challenge."); United States v. Royal, 100 F.3d 1019, 1025 (1st Cir.1996) (‘‘[A] litigant need only allege that he is preparing a motion to challenge the jury selection process.”). 13 . See, e.g., United States v. Davenport, 824 F.2d 1511, 1514-15 (7th Cir.1987) (<HOLDING>); United States v. McLernon, 746 F.2d 1098, 
 Holding statements: (A) holding district court could not declare jury advisory in action triable of right by a jury and even if no right to jury trial existed in case it would be abuse of discretion to declare jury advisory after both sides rested but before jury was instructed (B) recognizing the right to waive a jury trial (C) holding death qualification of jury prior to guilt phase of bifurcated capital trial did not violate defendants sixth amendment right to impartial jury representative of fair crosssection of the community (D) holding that district court could not decide after jury returned verdict to treat jury verdict as advisory on issue not triable of right by jury but which was tried by consent of parties to nonadvisory jury (E) holding that defendant had unqualified right to the jury list but not the jury qualification questionnaires without some demonstration of necessity

Answer:
holding district court could not declare jury advisory in action triable of right by a jury and even if no right to jury trial existed in case it would be abuse of discretion to declare jury advisory after both sides rested but before jury was instructed