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: of whether the images on the site constituted child pornography, the receipt shows Shiver’s familiarity with making commercial transactions for pornographic images on the Internet. The government also presented evidence specifically showing that the image of one child in particular had been produced in North Carolina. That the latter image ended up on Shiver’s computer in Florida strongly suggests that it traveled in interstate commerce. We likewise reject Shiver’s contention that the government’s evidence was insufficient to support the jury’s conclusion that he “knowingly possessed” the images of child pornography on his computer. Although we have interpreted the meaning of “knowing possession” in other contexts, see, e.g., United States v. Glover, 431 F.3d 744, 748 (11th Cir.2005) (<HOLDING>) (quotation omitted), we have not yet had 
 Holding statements: (A) holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession (B) holding in a similar factual situation that the bankruptcy court had no jurisdiction because it had no actual or constructive possession of the letters of credit involved (C) recognizing theory of constructive possession (D) holding that constructive possession need not be exclusive but may be shared by others (E) holding that k no wing possession can be demonstrated by proof of either actual or constructive possession

Answer: holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession


Question: (2013) (ex plaining the FDA’s view that “promoting a drug for an off-label use is a violation” of the FDCA’s misbranding provisions). Based on this view, the FDA has recovered millions of dollars in settlements from drug manufacturers that have engaged in off-label promotion. See, e.g., id. at 232 (citing Press Release, U.S. Dep’t of Justice, Justice Department Announces Largest Health Care Fraud Settlement in Its History, (Sept. 2, 2009) (trumpeting a mul-ti-billion dollar fine imposed against a drug company that promoted its drugs for uses and dosages that the FDA specifically declined to approve)). The FDA’s informal interpretation of a statute it administers is entitled to some deference from courts. See Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944) (<HOLDING>). But courts have not always agreed with the 
 Holding statements: (A) holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation (B) holding that an agencys interpretation of its own regulations is entitled to deference (C) holding that deference is owed to state agencys interpretation of state law (D) holding that an agencys informal interpretation of a statute it administers is entitled to deference to the extent it has the power to persuade (E) holding that agency interpretation which is reasonable is entitled to deference

Answer: holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation


Question: for applying a broader interpretation of N.J.S.A. 34:19-2(b) than the application of Pukowsky’s test would allow. By the same token, in rejecting the adoption of a test that would exclude all independent contractors, all temporary workers, and all workers who are not permitted the employment benefits mentioned in the Pukowsky test, we recognize that CEPA was not intended to provide protection for all individuals with a working relationship with an employer, but only those vulnerable to retaliation. That is, some workers are contractually positioned in a way that frees them from the fear of termination or other forms of retaliation, and have no critical need for CEPA’s protections. See, e.g., Casamasino v. City of Jersey City, 304 N.J.Super. 226, 241-42, 699 A.2d 697 (App.Div.1997) (<HOLDING>), rev’d on other grounds, 158 N.J. 333, 730 
 Holding statements: (A) holding that reconsideration of the correctness of property division was barred on appeal from the judgment enforcing that division (B) holding that a tenured tax assessor was not entitled to pursue a cepa action because he could only be removed from office by the director of the division of taxation (C) holding that it was not the taxpayers responsibility to pursue the different tax units to which the illegally levied county tax was proportioned as the taxpayer was entitled to recover the full amount of the tax from the county the collecting entity (D) recognizing the transition of the administrative hearing process from the division of motor vehicles to the office of administrative hearings (E) holding that the director of the office of domestic relations was a judicial agency pursuant to the rtkl because the director was administrative staff of the unified judicial system as defined in the judicial code 42 pacs  102

Answer:
holding that reconsideration of the correctness of property division was barred on appeal from the judgment enforcing that division