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.

Input: Consider Input: was pending on, AEDPA’s effective date. See Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); United States v. Skandier, 125 F.3d 178 (3d Cir.1997). “Because the District Court relied entirely upon the state court record and did not hold an evidentiary hearing, our review [of the District Court’s decision] is plenary.” Hassine v. Zimmerman, 160 F.3d 941, 947 (3d Cir.1998) (citing Johnson v. Rosemeyer, 117 F.3d 104, 109 (3d Cir.1997)). Like the District Court, we must presume all state court factual findings tó be correct, 28 U.S.C. § 2254(d), but we “exercise plenary review over state court conclusions on mixed questions of law and fact and pure issues of law.” Hassine, 160 F.3d at 947; see Miller v. Fenton, 474 U.S. 104, 105, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985)(<HOLDING>); Sumner v. Mata, 455 U.S. 591, 597, 102 S.Ct. 
 Holding statements: (A) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (B) holding that the jones act provides an independent basis for subject matter jurisdiction (C) holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction (D) holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the federal court necessarily depends on resolution of a substantial question of federal law (E) holding that while subsidiary factual questions are subject to  2254ds presumption the ultimate legal question of confessions constitutional voluntariness is a matter for independent federal determination

Output: holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review


Input: Consider Input: is minimized if officers exercise unquestioned command of the situation. Id., 129 S.Ct. at 786-87. Here, evidence supports the district court’s finding that Hollins’s behavior gave the police reasonable suspicion to believe that Hollins was armed and dangerous when they searched him. First, Hollins repeatedly refused to follow instructions to keep his hands in plain view, and he would slide his hands toward his waist while he was seated in the vehicle. Nervous, evasive behavior, which Hollins exhibited, is one of several factors which may be pertinent in determining reasonable suspicion. See United States v. Gordon, 231 F.3d 750, 756 (11th Cir.2000). Second, Hollins repeatedly refused to obey an officer’s instruction to exit the vehicle. See Maryland, 519 U.S. at 410, 117 S.Ct. at 884 (<HOLDING>). Third, Hollins repeatedly disregarded an 
 Holding statements: (A) holding that police officer may order passengers to remain in vehicle with hands up during traffic stop (B) holding that it is permissible for an officer to order the occupants out of a vehicle during a lawful stop (C) holding an officer may order a passenger to get out of a car during a traffic stop and may frisk a passenger for weapons if the officer reasonably suspects the passenger is armed and dangerous (D) holding that an officer may order a passenger out of a vehicle during a stop for a traffic infraction (E) holding that a traffic stop is reasonable under the fourth amendment when police have probable cause to believe a traffic infraction has occurred

Output: holding that police officer may order passengers to remain in vehicle with hands up during traffic stop


Input: Consider Input: an arbitration clause, ther s Workers of Am., 422 F.2d 77, 81 (2d Cir.1970) (relying on “positive assurance” rule to conclude that employer claims were subject to arbitration). Notably, less than a month before this court heard oral arguments in this case, the Second Circuit again emphasized that although traditional rules of contract interpretation generally apply to these types of cases, they are not always “readily [ ] transposed into the context of national labor law—as though the notion ‘one size fits all’ applies in the law. On the contrary, in labor law there are other policies to con sider, in particular the strong presumption in favor of arbitrability....” Mulvaney Mechanical, Inc. v. Sheet Metal Workers Int'l Ass’n, 288 F.3d 491, 2000 WL 33730559, at *1 (2d Cir. Apr.24, 2002) (<HOLDING>). C. Interpretation of “Article XXIII: 
 Holding statements: (A) holding that in the grievance representation context an employee must prove that the unions acts tainted the grievance procedure such that the outcome was more than likely affected by the unions breach internal citation and quotation omitted (B) holding that presumption of arbitrability precluded employer from unilaterally repudiating its cba despite unions breach of nostrike clause (C) holding that a cause of action for breach of a purported implied contract would require interpretation of a cba and the totality of the parties contractual relationship (D) holding that proof of unions breach of duty to fairly represent is an essential element of employees hybrid suit (E) holding that no modification of the original employment contract occurred when the employer unilaterally issued a new handbook


Output: holding that in the grievance representation context an employee must prove that the unions acts tainted the grievance procedure such that the outcome was more than likely affected by the unions breach internal citation and quotation omitted