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: where he admitted that other Dunkin’ Donuts shops do sell soft drinks such as milk, juice or soda. See Trpko Taseski Depo., attached as Exh. 3B to plaintiffs motion, p. 61. Defendants’ only response to plaintiffs argument regarding the inapplicability of the rider are these two brief sentences: “Plaintiffs cases are inappositive. The controlling principle of law is that money paid under a mistake of fact can be recouped in an action assumpsit.” However, defendants’ claim of a “mistake of fact” is unsupported by the record. To the contrary, the facts presented confirm that no mistake was made because defendants’ were correct in voluntarily paying fees on the sales of such products. There is therefore no ground for an actio ranchise Guide (CCH) ¶ 11,290 (S.D.Fla. Oct. 30, 1997) (<HOLDING>). Defendants argue that the Michigan Franchise 
 Holding statements: (A) holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure (B) holding that although a reason was provided in the termination letter the without cause termination provision was applicable (C) holding that franchisees tax evasion scheme provided cause for termination (D) holding that franchisees illegal sale of cigarettes to minors provided cause for termination (E) holding that traditional commercial contract provided for termination at will under arkansas law

Answer: holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure


Question: District Attorney’s Office to discriminate in the jury selection process. On April 26, 2007, the PCRA court issued an order denying Appellant relief and the instant appeal followed. Appellant raises the following claim: The lower court erred by limiting Appellant’s hearing solely to proof of a policy or culture of discrimination by the Philadelphia District Attorney and further erred by denying Appellant the opportunity to develop and prove discrimination in his case. Before we proceed with a review of the merits of this issue, we must ascertain whether the PCRA court was correct in its conclusion that Appellant timely filed his fifth PCRA petition for, if he did not, we are without jurisdiction to address his claim. Commonwealth v. Abu-Jamal, 596 Pa. 219, 941 A.2d 1263 (2008) (<HOLDING>). Pursuant to 42 Pa.C.S. § 9545(b)(1), any PCRA 
 Holding statements: (A) holding that railroad immunity act should be strictly construed (B) holding that the time requirements of the statute are as much a part of the jurisdictional threshold as the mandate to file for a rehearing and that the time limits must be strictly construed and may not be waived by ferc or evaded by the courts (C) holding pcra time limits are jurisdictional in nature and must be strictly construed (D) holding that a governments consent to be sued must be construed strictly in favor of the sovereign (E) holding  2513 to be jurisdictional and therefore must be strictly construed

Answer: holding that railroad immunity act should be strictly construed


Question: restriction at issue. III. CONCLUSION For the reasons discussed, we AFFIRM the district court. * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1. 1 . The cases relied on by the Government do not persuade us otherwise. In both United States v. Acosta-Colón, 741 F.3d 179 (1st Cir.2013), and United States v. Christi, 682 F.3d 138 (1st Cir.2012), the issue the defendant later raised on appeal — closing the proceedings to the public — had been squarely presented to defense counsel in the district court, but defense counsel failed to raise an objection. See Acosta-Colón, 741 F.3d at 187 (<HOLDING>); Christi, 682 F.3d at 142 (1st Cir.2012) (same 
 Holding statements: (A) holding defense counsel waived objection where he remained silent despite the district courts specific inquiry during a side bar conference whether there were any concerns about closing the courtroom to the public (B) holding that when defense counsel withdrew an objection to admission of evidence the defendant waived his right to a review of the courts ruling on appeal (C) holding that where defense counsel made a timely objection and it was overruled by the trial court a further request for a mistrial was unnecessary and futile since the reasons for the objection were apparent and the trial courts denial of the objection indicated its belief the jury could properly hear the matter which was the subject of the objection (D) holding that defendant acquiesced to counsels waiver of right to be present at bench conference where trial judge advised everyone in courtroom including defendant about the topic of the bench conference and defendant raised no objection to his absence (E) holding that defendant acquiesced in inchambers conference occurring in his absence when trial court discussed the subject of the conference and its ruling and neither defense counsel nor defendant raised an objection

Answer:
holding that when defense counsel withdrew an objection to admission of evidence the defendant waived his right to a review of the courts ruling on appeal