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.

Q: where he admitted that other Dunkin’ Donuts shops do sell soft drinks such as milk, juice or soda. See Trpko Taseski Depo., attached as Exh. 3B to plaintiffs motion, p. 61. Defendants’ only response to plaintiffs argument regarding the inapplicability of the rider are these two brief sentences: “Plaintiffs cases are inappositive. The controlling principle of law is that money paid under a mistake of fact can be recouped in an action assumpsit.” However, defendants’ claim of a “mistake of fact” is unsupported by the record. To the contrary, the facts presented confirm that no mistake was made because defendants’ were correct in voluntarily paying fees on the sales of such products. There is therefore no ground for an actio ranchise Guide (CCH) ¶ 11,290 (S.D.Fla. Oct. 30, 1997) (<HOLDING>). Defendants argue that the Michigan Franchise 
 Holding statements: (A) holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure (B) holding that although a reason was provided in the termination letter the without cause termination provision was applicable (C) holding that franchisees tax evasion scheme provided cause for termination (D) holding that franchisees illegal sale of cigarettes to minors provided cause for termination (E) holding that traditional commercial contract provided for termination at will under arkansas law

A: holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure
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Q: plain error review because he did not object to the admissibility of the reports or to the testimony by Detective Duft about the report. See State v. Parker, 350 N.C. 411, 427, 516 S.E.2d 106, 118 (1999) (plain error is error “so fundamental as to amount to a miscarriage of justice or which probably resulted in the jury reaching a different verdict than it otherwise would have reached.”). Indeed, Defendant never disputed that the material was cocaine. He chose not to defend on that basis, but rather focused on portraying himself as a homeless person making a delivery in exchange for beer and cigarettes. Since the identity of the substance was not challenged, the admission of the laboratory reports was harmless error. See State v. Edwards, - N.C. App. -,-, 621 S.E.2d 333, 337 (2005), (<HOLDING>); State v. Thompson, 110 N.C. App. 217, 225, 
 Holding statements: (A) holding that trial delay for dna testing was attributable to the state but was mere negligence (B) holding that failure to require production of dna testing protocols was harmless beyond a reasonable doubt when the defendant did not dispute that he committed the crimes at issue but rather argued that he was mentally impaired (C) holding that the sixth amendment confrontation clause violation in that case was harmless beyond a reasonable doubt and therefore did not require the conviction to be overturned (D) holding that harmless beyond a reasonable doubt analysis not applicable in habeas cases (E) holding the state failed to meet its burden of showing the erroneous jury instruction was harmless beyond a reasonable doubt where it did not address the issue on appeal

A: holding that trial delay for dna testing was attributable to the state but was mere negligence
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Q: Bank v. Broaddus, 569 S.W.2d 489, 492 (Tex.1978). The Court previously rejected as a matter of law Defendants’ effort to use their own deposition testimony to avoid responsibility for their promise. Amended Report & Recommendation, # 52 at 5-6, adopted by District Court, # 55. After Prospect counterclaimed for breach of the Release and Covenant Not to Sue, Defendants asserted that Prospect sneaked the Release in at the midnight hour so they would not notice it was included; they also stated that they deliberately chose not to read it before signing the Agreement. The Court ruled that this evidence of willful ignorance did not raise a fact issue so as to defeat Prospect’s motion for summary judgment. Id. See also In re Intern. Profit Associates, Inc., 286 S.W.3d 921, 923-24 (Tex.2009) (<HOLDING>). Thus Defendants here are presumed to know the 
 Holding statements: (A) holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision (B) holding that a plaintiffs failure to invoke  1983 is fatal to the claim because the constitutional provision that was allegedly violated does not itself create a means for recovery for a violation of that provision (C) holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision (D) holding that the court was bound to consider a contract provision that was plainly relevant to the central issue of contract interpretation raised on appeal despite the parties failure to cite or discuss the provision (E) holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them

A:
holding that a plaintiffs failure to invoke  1983 is fatal to the claim because the constitutional provision that was allegedly violated does not itself create a means for recovery for a violation of that provision
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