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: States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). By assenting to settlement in this action, Defendants waived, for example, the right to contest the EPA’s regulatory jurisdiction, which would have been an element of the EPA’s substantive claim. See United States v. Krilich, 209 F.3d 968, 972 (7th Cir.2000) (“[T]he interstate connection, i.e. that the waters involved were ‘waters of the United States,’ is merely an element of the United States’ Clean Water Act case under section 301.”), cert. denied, 531 U.S. 992, 121 S.Ct. 482, 148 L.Ed.2d 455 (2000); see also United States v. Wilson, 133 F.3d 251, 264 (4th Cir.1997) (indicating proof of interstate nexus is an element of criminal liability under CWA); United States v. Ahmad, 101 F.3d 386, 391 (5th Cir.1996) (<HOLDING>). Moreover, a consent decree “is an agreement 
 Holding statements: (A) recognizing that exhaustion is mandatory and jurisdictional (B) recognizing the existence of the special relationship (C) recognizing existence of two tests (D) recognizing the existence of purely jurisdictional elements (E) holding that one of the essential elements of an abuse of process claim is the existence of an ulterior motive

A: recognizing that exhaustion is mandatory and jurisdictional
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Q: 55(c) motion on or before August 22, 2012, the 90th day after it was filed, that motion was denied by operation of law on that date, which denial terminated the trial court’s jurisdiction. See, e.g., Scott v. Lenoir, 5 So.3d 1282, 1283 (Ala.Civ.App.2008) (“The trial court loses jurisdiction to consider [a postjudgment] motion after the expiration of the 90-day period.”). Because its jurisdiction terminated on August 22, 2012, the trial court lacked jurisdiction to enter the November 16, 2012, order purporting to set aside the default judgment against Thurmond; the March 16, 2013, order purporting to deny Thurmond’s summary-judgment motion; and the April 16, 2013, order purporting to enter a summary judgment in favor of Parrish. See Sibley v. Sibley, 90 So.3d 191, 193 (Ala.Civ.App.2012) (<HOLDING>). A judgment entered by a trial court lacking 
 Holding statements: (A) holding that the improper appointment of a judge to a case deprived the court of jurisdiction to rule on any motions pending before that judge the orders entered by that judge were entered without jurisdiction of the court and were thus void (B) holding in a case where the plaintiff had argued that the district court lacked jurisdiction to amend its judgment more than ten days after entry because that is the time limit under federal rule of civil procedure 59 that a district court can amend its judgment because of mistake or inadvertence months after judgment has been entered pursuant to rule 60b of the federal rules of civil procedure (C) holding trial court order which purportedly corrected divorce decree to alter marital property division was void because it was entered  after this court obtained jurisdiction (D) holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions (E) holding that a default judgment was not void because the bankruptcy court that entered the judgment had proper jurisdiction over the party seeking relief

A: holding that the improper appointment of a judge to a case deprived the court of jurisdiction to rule on any motions pending before that judge the orders entered by that judge were entered without jurisdiction of the court and were thus void
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Q: is to convey to the juiy the correct principles of law applicable to the evidence so the jury can apply the proper legal principles to the facts and arrive at a proper conclusion based on the law and the evidence.” People v. Peebles, 125 Ill. App. 3d 213, 217, 465 N.E.2d 539 (1984). If an IPI instruction does not state the law, the proffered instruction given on that subject should be simple, brief, impartial, and free from argument. If an appropriate IPI instruction does exist it must be used; however, the decision to give or refuse a non-IPI instruction is a matter within the sound discretion of the trial court. See 134 Ill. 2d R. 451(a); People v. Thomas, 175 Ill. App. 3d 521, 528, 529 N.E.2d 1071 (1988); see also People v. Sims, 265 Ill. App. 3d 352, 362, 638 N.E.2d 223 (1994) (<HOLDING>). An abuse of discretion occurs in refusing to 
 Holding statements: (A) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (B) holding that illinois courts give preference to applicable ipi instruction unless that particular instruction does not accurately state the law in that case the instructions may be modified or supplemented when the facts of a particular case make them inadequate (C) holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel (D) holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error (E) holding that a judgment on appeal constitutes the law of the case as to particular issues decided and is applicable throughout subsequent stages of the case

A:
holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given
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