instruction:
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.
question:
offense; the maximum sentence is 10 years for each offense, which must run concurrently under Hale. By enhancing only one count and running it consecutively to the second count, appellant was sentenced to 12 years. This sentence exceeds the statutory maximum if both sentences had been enhanced under section 775.084 and run concurrently, or if neither had been enhanced and run consecutively. As such the appellant’s sentence violates Hale. Although appellant was not sentenced to the mandatory minimum of 5 years for the second offense, as explained in State v. Hill, 660 So.2d 1384 (Fla.1995), the requirement that sentences run consecutively is not limited to only the minimum mandatory portion of. a total sentence: The State argues that Hale and its predecessors, Palmer v. State A 1997) (<HOLDING>). Here appellant was sentenced as an habitual 
 Holding statements: (A) holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies (B) holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory (C) holding fifteen year hfo mandatory minimum sentences on the three robbery convictions were required to run concurrently with the twentyfive year nonhfo mandatory minimum on the murder sentence (D) holding hfo mandatory minimum sentence for robbery must run concurrently with sentences imposed for nonhfo first degree murder convictions (E) holding that the fifteen year minimum sentence imposed under section 924e does not violate the eighth amendment
answer:
holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies


question:
the rate must make a threshold showing that the rate at issue is unreasonable. Milne, 970 F.2d at 570; Covey, 763 F.Supp. at 482-83. Relevant factors in the determination include “relevant rate comparisons, a carrier’s proffer of a particular rate, and whether the rate would have moved the traffic had it been asserted at the time the shipments took place.” Matter of Brown Transport Truckload, Inc., 144 B.R. 183, 187 (Bankr.N.D.Ga.1992). One common method of making a prima facie showing of unreasonableness is to provide affidavit testimony demonstrating a significant disparity between the rates sought to be charged by the carrier and the rates charged by competing carriers at the time in question. See, e.g., Vining v. The Eureka Co., 1992 WL 370520, at *2 (N.D.Ill. Dec. 8, 1992) (<HOLDING>); Matter of Brown, 144 B.R. at 187 (noting 
 Holding statements: (A) holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo (B) holding eighty percent increase in demanded rates and showing that original rates were competitive with other carriers was prima facie unreasonable (C) holding prima facie showing of unreasonableness made by presenting evidence that tariff rates in effect at time of shipments were well above rates paid to other carriers for same service (D) holding that absence of competitive injury was not a defense to prima facie violation of  2e (E) holding that a prima facie case is subject to independent review
answer:
holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo


question:
Gregory v. Novak, 121 Or.App. 651, 655, 855 P.2d 1142 (1993). When fraud is based on silence or nondisclosure, a party must “demonstrate that the defendant either (1) remained silent when they had a duty to speak, or (2) assumed the obligation to make a full and fair disclosure of the whole truth by making a representation in the nature of a ‘half-truth.’ ” Smith v. U.S. Bank, N.A, 2011 WL 7628515 at *6 (D.Or. Oct. 26, 2011) (footnote added), report and recommendation adopted 2012 WL 1029364 (D.Or. Mar. 26, 2012); see also McFadden v. Dryvit Sys., Inc., 2004 WL 2278542 (D.Or. Oct. 8, 2004) (reasoning that “silence or concealment of facts can be the basis for a fraud action, especially when there are half-truths or misleading statements”); Gregory, 121 Or.App. at 655, 855 P.2d 1142 (<HOLDING>). To establish reliance in a fraud cause, 
 Holding statements: (A) holding that one who makes a representation that is misleading because it is in the nature of a halftruth assumes the obligation to make a full and fair disclosure of the whole truth (B) holding that damages and injunctive relief may be awarded in fair representation cases when necessary to make employees whole (C) holding intentional conduct without rational basis is arbitrary breach of duty of fair representation (D) holding that it is not (E) holding an employee is an agent of his employer where the employer assumes the right to control time manner and method of work
answer:

holding that damages and injunctive relief may be awarded in fair representation cases when necessary to make employees whole