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]: would allow for the award of attorney fees whenever a statute or contract provides for one side to pay expenses, even when such attorney fees were not contemplated. The majority opinion sets a dangerous precedent in this regard. Therefore, I do not join in the majority’s opinion that the term “expenses” as used in section 13-7-4(d) includes attorney fees, but would hold that because that section does not specifically provide for an award of attorney fees, such award was improper here. For the reasons stated above, I concur in the majority’s determination that the trial court improperly awarded attorney fees to defendant Newspaper Agency Corporation. However, I dissent rs of Am. v. Champion Int’l Corp., 790 F.2d 1174 (5th Cir.1986); In re Olliff, 258 Ga. 157, 366 S.E.2d 289, 289 (1988) (<HOLDING>); Head v. Savage, Minn., 255 N.W.2d 32, 38 
 Holding statements: (A) holding that an award for medical expenses is proper when the expenses have been incurred but not paid (B) holding that costs and expenses are to considerable degree synonymous (C) holding that the bankruptcy court properly disallowed fees when the bank could not demonstrate actual costs and expenses beyond its normal operating costs attributable to the debtors loan (D) holding that federal express costs telephone expenses and postage expenses did not qualify as taxable costs (E) holding that expenses refers to costs
[A]: holding that an award for medical expenses is proper when the expenses have been incurred but not paid


[Q]: reasonable presumption against waiver should be indulged. Commonwealth v. Hooks, 375 Mass. 284, 288 (1978). A defendant’s illiteracy or low intelligence is not dispositive of his capacity to waive Miranda rights and render a knowing, intelligent, and voluntary confession. See Commonwealth v. Ostrander, 441 Mass. 344, 346, cert. denied, 543 U.S. 867 (2004); Commonwealth v. Jackson, 432 Mass. 82, 86-87 (2000) (concluding that the defendant, who had a learning disability and an IQ in the eighties, validly waived his rights in light of his “considerable prior experience with the police and in receiving Miranda warnings,” as well as his “cunning” attempts to exculpate himself “after being confronted with the [ ] evidence against him”); Commonwealth v. Hartford, 425 Mass. 378, 380-81 (1997) (<HOLDING>); Commonwealth v. Dingle, 73 Mass.App.Ct. 274, 
 Holding statements: (A) holding that a 15yearold was of suitable intelligence and maturity to validly waive miranda rights specifically focusing on the fact that the juvenile had been advised of his rights on three prior occasions and had once asked for an attorney (B) recognizing that plaintiffs had standing to allege infringements of their first amendment rights where the record established that they had been threatened with enforcement of the statute and that such enforcement would cause them injury (C) holding that language difficulties may impair the ability of a person in custody to waive his miranda  rights in a free and aware manner (D) holding admissible suspects statement to police after being informed that he had been identified in a lineup which the court assumed without deciding was interrogation for purposes of the appeal because the statements were voluntarily made without any coercion and came after the suspect was given and validly waived his miranda rights (E) holding that irrespective of the suspects limited reasoning ability and iq of 73 evidence that the suspect had held various parttime jobs had been living on his own possessed a drivers license and had prior experience with law enforcement was probative of competence to waive miranda rights
[A]: holding that a 15yearold was of suitable intelligence and maturity to validly waive miranda rights specifically focusing on the fact that the juvenile had been advised of his rights on three prior occasions and had once asked for an attorney


[Q]: to kill Tevin if he told about the molestation and that, despite Tevin’s repeated requests to go home, Loyd took Tevin to a dump site, made him lie down on the ground and announced to him that he was about to die before repeatedly strangling the child, who struggled so fiercely that he kicked off his own shoes. The State’s expert testified that even a small child’s natural reaction to strangulation would be to struggle and that death by strangulation can take as long as ten minutes to occur. The evidence supports the trial court’s finding beyond a reasonable doubt that the murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture to the victim and the depravity of mind of the defendant. See Hance v. State, 245 Ga. 856, 861-862 (3) (268 SE2d 339) (1980) (<HOLDING>). Accord Presnell v. State, 274 Ga. 246, 248 
 Holding statements: (A) holding that begay rejected that circuits earlier approach under which an offense presented a serious potential risk of physical injury to another if the offense conduct had the potential for serious physical injury to another (B) holding that torture occurs when the victim is subjected to serious physical abuse before death that serious sexual abuse may constitute serious physical abuse that facts supporting a finding of torture will also support a finding of depravity of mind and that the age of the victim may be considered in determining whether the evidence shows depravity of mind (C) holding substantial evidence supported jury finding of abuse of process (D) holding that torture of the victim or serious physical abuse language in the instruction cures vagueness of hac (E) holding evidence of outofstate instances of abuse admissible in child sexual abuse case to show intent opportunity and relationship between defendant and victim
[A]:
holding that begay rejected that circuits earlier approach under which an offense presented a serious potential risk of physical injury to another if the offense conduct had the potential for serious physical injury to another