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:
make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State’s motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client’s behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, — U.S. —, —, 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this 
 Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal
answer:
holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan


question:
2. Although the substance of the inquiry remains the same, the Supreme Court has counseled that the question whether a defendant can show a violation of his own Fourth Amendment rights “is more properly placed within the purview of substantive Fourth Amendment law than within that of standing.” Rakas v. Illinois, 439 U.S. 128, 140, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). With that said, we do not quarrel with the district court’s analysis on this point. Several distinguished jurists continue to use the “standing” terminology as useful shorthand. See, e.g., United States v. Romain, 393 F.3d 63, 68 (1st Cir.2004) (Selya, J.) (acknowledging after Rakas that the term “standing” “is imprecise,” but adopting the usage “[f]or simplicity’s sake”). But, regardless of terminolo 1 (10th Cir.2004) (<HOLDING>). As we observe below, the conclusion that 
 Holding statements: (A) holding that prisoners do not have a reasonable expectation of privacy in their cells (B) holding a person who is present at anothers home with permission simply for the purpose of consummating a business transaction does not have a reasonable expectation of privacy there (C) holding that for purposes of federal constitutional law a person does not possess a reasonable expectation of privacy with respect to trash discarded outside the home (D) holding that the constitutional protection of an individuals reasonable expectation of privacy in his or her home does not extend to a place of business (E) holding a person at anothers residence solely for the purpose of engaging in drug related activity has no legitimate expectation of privacy in the residence
answer:
holding that prisoners do not have a reasonable expectation of privacy in their cells


question:
§ 30-16-3 (1971). {27} In New Mexico, “a separately secured area of a building otherwise open to the public is a ‘structure’ within the meaning of the burglary statute.” State v. Gregory, 117 N.M. 104, 104-05, 869 P.2d 292, 292-93 (Ct.App.1993); see also State v. Sanchez, 105 N.M. 619, 621-22, 735 P.2d 536, 538-39 (Ct.App.1987); State v. Harris, 101 N.M. 12, 19, 677 P.2d 625, 632 (Ct.App.1984); State v. Ortega, 86 N.M. 350, 351, 524 P.2d 522, 523 (Ct.App.1974). Although it is true that, at the time of the burglary, the repair shop was not open to the public, it is also true that the possession of burglary tools statute does not require that a defendant be convicted of burglary to be held liable for possession. See State v. Everitt, 80 N.M. 41, 47, 450 P.2d 927, 933 (Ct.App.1969) (<HOLDING>). Instead, the evidence must only show that a 
 Holding statements: (A) holding that iowa burglary is not categorical burglary as the elements of iowa burglary law are broader than those of generic burglary (B) holding that virginia burglary statute comes within definition of generic burglary (C) holding that the double jeopardy clause was not violated by two convictions arising from the same criminal episode because the crimes of attempted burglary and possession of burglary tools each had an element the other did not and were thus separate crimes (D) holding that possession of burglary tools is an offense separate from burglary (E) holding that burglary is violent felony
answer:

holding that iowa burglary is not categorical burglary as the elements of iowa burglary law are broader than those of generic burglary