TASK DEFINITION: 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.
PROBLEM: how much more of a connection to interstate commerce, if any, must be shown under a substantial rather than a de minimis standard. See Russell, 471 U.S. at 859-60 n. 4, 105 S.Ct. 2455 (suggesting in a pre-Lopez opinion that, under the Commerce Clause, Congress could only reach criminal activity “ ‘substantially affecting interstate commerce.’ ”). It is clear, however, that the direct interstate connection required by Instruction 10 is much more substantial than the indirect interstate connection articulated by the government and disapproved of by the Court in Lopez. In Lopez, the connections articulated by the government between the possession of a firearm in a local school zone and interstate commerce were, to say the least, attenuated. See Lopez, 514 U.S. at 567, 115 S.Ct. 1624 (<HOLDING>); see also Hicks, 106 F.3d at 189 (describing 
 Holding statements: (A) holding that a reasonable inference need not be the sole possible inference (B) holding that adverse inference rule is permissive (C) recognizing that a vital fact may not be established by piling inference upon inference (D) holding that the nonmovant need not be given the benefit of every inference but only of every reasonable inference (E) recognizing that to uphold the government contentions would require the court to pile inference upon inference

SOLUTION: holding that a reasonable inference need not be the sole possible inference

PROBLEM: small pieces of the Walkway, or access to the Walkway, built upon it. See Def.-Int. Reply at p. 14 (noting that the second of two issues remaining for the Court to decide, given that the public trust doctrine gov erns a large portion of the land at issue, is “whether the state acted rationally in determining that access across the perpendicular paths and scattered small portions of the Walkway constructed on uplands is ‘reasonably necessary’ to protect that public’s right of access to the remaining 88.7 percent of the Walkway that is situated on tidelands”). Plaintiffs’ taking claims with respect to this small portion of the property at issue are governed by the reasonableness test enunciated in Matthews. See Matthews v. Bay Head Improvement Ass’n, 95 N.J. 306, 326, 471 A.2d 355 (1984) (<HOLDING>), cert. denied, 469 U.S. 821, 105 S.Ct. 93, 83 
 Holding statements: (A) holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act  of the public or public official asserted the use to be exercised as a matter of right rather than privilege (B) holding that in order to exercise its rights under the public trust doctrine the public must be given both access to and use of privatelyowned dry sand areas as reasonably necessary (C) holding that the borough of deals dedication of a portion of a beach for use by its residents only was immaterial given the public trust doctrines requirement that the public be afforded the right to enjoy all dry sand beaches owned by a municipality (D) holding that under the public standing doctrine it is only necessary that the relator shall be a citizen and as such interested in the execution of the laws (E) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public

SOLUTION: holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act  of the public or public official asserted the use to be exercised as a matter of right rather than privilege

PROBLEM: Johnson, 351 So.2d 759 (Fla. 2d DCA 1977), or a writ of prohibition. This court has no authority through a writ of prohibition to review a trial court’s denial of a defendant’s motion to dismiss based on the defendant’s affirmative defense of statute of limitations. Prohibition is an extraordinary writ that is extremely narrow in scope and operation. It exists to prevent “an inferior tribunal from acting in excess of jurisdiction but not to prevent an erroneous exercise of jurisdiction.” English v. McCrary, 348 So.2d 293, 297 (Fla.1977). When a trial court makes an erroneous ruling on a statute of limitations defense, that error, like any other error concerning an affirmative defense, can be corrected on appeal from a final order. Cf. Mandico v. Taos Constr., 605 So.2d 850 (Fla.1992) (<HOLDING>). Although this court in Swartzman v. Harlan, 
 Holding statements: (A) holding state is required to raise procedural bar as affirmative defense or it is waived (B) holding that neither common law nor workers disability compensation act imposed affirmative duty on employer to preserve evidence which might be used in employees thirdparty liability action (C) holding that prohibition may not be used to raise affirmative defense of workers compensation immunity (D) holding that the exclusivity of workers compensation is an affirmative statutory defense which must be timely raised or it is waived (E) holding that the coemployee immunity provision in workers compensation law was constitutional

SOLUTION:
holding state is required to raise procedural bar as affirmative defense or it is waived