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: Sept. 3, 1998)(variance is not material “where the allegations and proof substantially correspond, the variance is not of a character which could have misled the defendant at trial and is not such as to deprive the accused of his right to be protected against another prosecution for the same offense”). A material variance is sometimes referred to as a “fatal variance.” We have not been consistent in requiring materiality, but have sometimes reversed upon a finding of variance without exploring the further question of materiality. Compare Rowan v. State, 57 Tex.Crim. 625, 124 S.W. 668 (1910)(variance is not material unless it could mislead defense or expose defendant to danger of subsequent prosecution for same offense); Plessinger v. State, 536 S.W.2d 380 (Tex.Crim.App.1976)(<HOLDING>) with Pedrosa v. State, 155 Tex.Crim. 155, 232 
 Holding statements: (A) holding that a defendant must demonstrate that he would not have pled guilty but for the error (B) holding that heightened evidentiary standard of proof is not required where the sentencing enhancement is based entirely on the extent of the conspiracy to which the defendant pled guilty (C) holding that where a defendant is misled and induced to plead by his counsels mistaken advice then he may be allowed to withdraw his plea (D) holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material (E) holding variance in style of case pled for enhancement not material where defendant not surprised or misled to his prejudice

Answer: holding that a defendant must demonstrate that he would not have pled guilty but for the error


Question: agreements and do not own their software outright under Regime 1. 19 . Though this court reviews orders imposing Rule 11 sanctions for an abuse of discretion, “[a] district court would necessarily abuse its discretion if it based its ruling on an erroneous view of the law_" Giebelhaus, 938 F.2d at 964 (quoting Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405, 110 S.Ct. 2447, 2461, 110 L.Ed.2d 359 (1990)). 20 . The Court extended this reasoning in Business Guides to apply the certification requirement of Rule 11 to represented parties who sign court papers, even where they are not required to do so. 498 U.S. at 543, 546-47, 111 S.Ct. at 930-31. 21 . Giebelhaus, 938 F.2d at 965; see also Pony Express Courier Corp. of Am. v. Pony Express Delivery Serv., 872 F.2d 317, 319 (9th Cir.1989) (<HOLDING>). Southeastern’s argument that Lederman and 
 Holding statements: (A) holding appellant could not obtain a new trial so that jury could answer liability question because the charge instructed the jury not to answer the question based on its answer to a prior question and because appellant did not object to this instruction (B) holding that a city could not be held vicariously liable for the act of a magistrate who was immune from liability (C) holding that individual defendants may not be held liable for violations under title vii (D) holding that no judgment can be rendered against defendant who cannot be held liable (E) holding that cocounsel who did not sign the answer could not be held liable under rule 11 for its contents

Answer: holding appellant could not obtain a new trial so that jury could answer liability question because the charge instructed the jury not to answer the question based on its answer to a prior question and because appellant did not object to this instruction


Question: proceeding is a core proceeding under the Bankruptcy Code and as such is equitable in nature. See id. at 1505. The court reasoned that “[a] bankruptcy discharge and questions concerning the dischargeability of certain debts, involve issues with an equitable history and for which there was no entitlement to a jury trial in the courts of England prior to the merger of law and equity.” Id. (quoting In re Hooper, 112 B.R. 1009, 1012 (9th Cir. BAP 1990)). Thus, given the equitable nature of the dischargeability proceeding, the court held that debtor was not afforded the Seventh Amendment right to trial by jury. See id. The reasoning underlying the Hallahan decision has been accepted by a legion of other federal courts. See, e.g., In re White, 222 B.R. 831, 834-35 (Bankr.W.D.Tenn.1998) (<HOLDING>); In re Tanner, Nos. 97B00073, 97A00517, 1997 
 Holding statements: (A) holding that dischargeability proceedings are inherently equitable in nature and as such parties are not entitled to jury trials (B) holding that the exclusionary rule does not apply to proceedings other than criminal trials (C) holding that under the hallahan progeny of cases parties are not afforded the right to jury trials in dischargeability proceedings (D) holding that juveniles are not entitled to jury trials (E) holding that the bankruptcy court has constitutional and implied statutory authority to conduct jury trials in core proceedings

Answer:
holding that dischargeability proceedings are inherently equitable in nature and as such parties are not entitled to jury trials