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.
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Question: v. Libbey-Owens-Ford Glass Co., 376 F.2d 711 (7th Cir. 1967), stated that section 2(d) shows that the legislature contemplated multiplicity of actions and provides a court with two options: stay the entire proceeding pending arbitration, or, if the issue is severable, the stay may be granted with respect to that issue only. 710 ILCS 5/2(d) (West 1994). The Galt court explained: “In enacting the Uniform Arbitration Act, the [Illinois] Legislature has not eradicated a chancellor’s inherent powers, but the legislature has determined in Section 2 that it is no longer equitable to enjoin arbitration to prevent multiplicity of actions.” Galt, 376 F.2d at 716. See Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 20, 74 L. Ed. 2d 765, 782, 103 S. Ct. 927, 939 (1983) (<HOLDING>). Accord Dean Witter Reynolds Inc. v. Byrd, 470 
 Holding statements: (A) holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement  as providing  that the employer must bear the arbitration forum costs (B) holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration (C) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (D) holding that an arbitration agreement is separable from the underlying agreement (E) holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed

Answer: holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement  as providing  that the employer must bear the arbitration forum costs


Question: court’s credibility determinations “unless the court credited testimony that was essentially unbelievable as a matter of law,” United States v. Smith, 308 F.3d 726, 746 (7th Cir.2002). There is no clear error in the district court’s decision to credit the presentence investigation report and Officer Morrissey’s sworn testimony over the unsworn, hearsay statement of the defendant. See United States v. Torres-Ramirez, 213 F.3d 978, 980-81 (7th Cir.2000) (‘When the sentence rests on testimony under oath ... it is enough that the judge believe the witness — unless the testimony is illogical or contradicted by documents or other physical evidence, making it clearly erroneous to accept the witness’s version of events.”); United States v. Krankel, 164 F.3d 1046, 1054-55 (7th Cir.1998) (<HOLDING>). Campbell directs us to no inconsistencies in 
 Holding statements: (A) holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error (B) holding that where defendant did not offer any rebuttal evidence to refute presentence report district court  was free to adopt facts in psi without further inquiry (C) holding that court may satisfy factual basis requirement by examining presentence report (D) holding that bald unsupported assertions by the defendant cannot refute presentence investigation report (E) holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report

Answer: holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error


Question: and voluntary”), and United States v. Chaney, 662 F.2d 1148, 1152 (5th Cir. Unit B 1981) ("[A] trial judge must conduct a waiver hearing to make sure that the accused understands the risks of proceeding pro se and that he 'knowingly and intelligently waives the right to counsel’ before permitting the accused to proceed personally.” (quoting Faretta, 422 U.S. at 835, 95 S.Ct. 2525)), with United States v. Keen, 104 F.3d 1111, 1114-45 (9th Cir. 1997) (noting that “preferred procedure” is for court to discuss impact of self-representation in open court, but that there are "limited exception[s]” to this practice "when the record as a whole reveals a knowing and intelligent waiver" (quotation marks and citation omitted)), United States v. Bell, 901 F.2d 574, 578-79 (7th Cir.1990) (<HOLDING>), United States v. Torres, 793 F.2d 436, 438 n. 
 Holding statements: (A) holding that waiver of counsel during pcr review requires a judicial inquiry into whether defendant knowingly and intelligently waived his right to counsel (B) holding that a defendant can knowingly and intelligently waive his right to counsel only after his sic is aware of the nature of the charges against him the possible penalties and the dangers and disadvantages of selfrepresentation (C) holding that the defendant knowingly and intelligently waived his right to counsel even though the exchange between the magistrate and the defendant was inadequate standing alone to inform the defendant of the dangers and disadvantages of selfrepresentation (D) holding that because the defendant knowingly and intelligently waived his right to separate counsel in light of the courts unambiguous advisement that joint representation could present a very substantial conflict so far as his defense is concerned the defendant was precluded from claiming ineffective assistance of counsel due to the conflict of interest that ultimately developed (E) holding that written waivers referring only in general terms to potential advantages of representation by counsel and potential disadvantages of selfrepresentation did not sufficiently demonstrate awareness of the dangers of selfrepresentation

Answer:
holding that waiver of counsel during pcr review requires a judicial inquiry into whether defendant knowingly and intelligently waived his right to counsel