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: note that, contrary to Kooby and EHI’s assertion, the trial court is not required to hold a hearing on this m 2d 814) (1991) (same). 10 Rogers v. Norris, 262 Ga. App. 857, 857 (1) (586 SE2d 747) (2003) (“Although we review the trial court’s decision for an abuse of discretion, ‘the trial court must make findings on these issues before we may determine whether its discretion was abused.’ ” (quoting Ga. Dep’t of Human Res. v. Patillo, 194 Ga. App. 279, 279 (390 SE2d 431) (1990))); see also Wood v. Notte, 238 Ga. App. 748, 749 (1) (519 SE2d 923) (1999) (same); Crenshaw, 202 Ga. App. at 611 (1) (same). 11 See Rogers, 262 Ga. App. at 857 (1) (“Failure to make [findings of fact] mandates that we vacate the order dismissing the appeal and remand the case Ga. App. 40, 43 (555 SE2d 508) (2001) (<HOLDING>); A. Roberts Corp. v. Roberts, 207 Ga. App. 
 Holding statements: (A) holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it (B) holding that trial court made sufficient findings of fact when it dismissed appeal (C) holding the findings of fact required to support an alimony award are sufficient if findings of fact have been made on the ultimate facts at issue in the case and the findings of fact show the trial court properly applied the law in the case (D) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (E) holding because defendant does not argue in his brief that these findings of fact are not supported by    evidence in the record this court is bound by the trial courts findings of fact

Answer: holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it


Question: preventing employee from "working in any geographic space in which [employer] operates” where employer had interest in confidential information); Advanced Cable Ties, Inc. v. Hewes, No. 061995B, 2006 WL 3292810, at *1-2 (Mass.Super.Ct. Oct. 19, 2006) (lack of geographic scope restriction in non-compete not fatal to enforcement of restrictive covenant when employer was national company). 17 . See Miller Mech., Inc. v. Ruth, 300 So.2d 11, 12-13 (Fla.1974) (citing Kenco Chem. and Manufacturing Co. v. Railey, 286 So.2d 272 (Fla. 1st DCA 1973)); Flickenger v. R.J. Fitzgerald & Co., Inc., 732 So.2d 33, 35 (Fla. 2d DCA 1999); Balasco v. Gulf Holding, Inc., 707 So.2d 858, 860 (Fla. 2d DCA 1998); see also Health Care Financial Enterprises, Inc. v. Levy, 715 So.2d 341, 343 (Fla. 4th DCA 1998) (<HOLDING>). 18 .Under Florida law, courts are required to 
 Holding statements: (A) holding that a court may only enforce a settlement agreement if it constitutes an enforceable contract (B) holding that trial court is without authority to modify a settlement agreement but may enforce and interpret it (C) recognizing court has authority to modify agreement to cure any unreasonable provision as to duration or scope (D) holding that court may not refuse to enforce noncompete agreement solely because geographical area is unreasonable but rather must modify unreasonable restriction and enforce agreement as modified (E) holding an employer may partially enforce a noncompete agreement to the extent it is reasonable under the circumstances

Answer: holding that a court may only enforce a settlement agreement if it constitutes an enforceable contract


Question: scheme, an Oklahoma capital sentencing jury's finding of any particular aggravating circumstance does not of itself "convict” a defendant and require the death penalty, and its failure to find any particular aggravating circumstance does not "acquit” a defendant and preclude the death penalty. 20 . The dissent acknowledges that Hogan can prevail only if this Court declines to follow Poland. 21 . The dissent misconstrues our holdings in Crawford v. State, 1992 OK CR 62, 840 P.2d 627, 640-41, Cheney v. State, 1995 OK CR 72, 909 P.2d 74, and Perry v. State, 1995 OK CR 20, 893 P.2d 521, 533-37, and misunderstands the Satta-zahn distinction between a jury’s non-finding of an aggravating circumstance and an acquittal on the merits of murder plus aggravating circumstances th 556 (2002) (<HOLDING>). Hogan’s aggravators were tried to a jury, not 
 Holding statements: (A) holding that if the existence of any fact increases the maximum punishment that may be imposed on a defendant that fact constitutes an element that must be found by a jury beyond a reasonable doubt (B) holding that if the imposition of the death penalty depends on the existence of aggravating factors a jury must find those factors beyond a reasonable doubt (C) holding that under the sixth amendment any fact which increases the penalty for a crime  eg by triggering a mandatory minimum sentence must be found by the jury beyond a reasonable doubt (D) holding that sixth amendment requires that a jury not a judge find the existence of any aggravating circumstance and that they be found beyond a reasonable doubt (E) holding that a sentencing judge sitting without a jury may not find an aggravating circumstance necessary for imposition of the death penalty

Answer:
holding that if the existence of any fact increases the maximum punishment that may be imposed on a defendant that fact constitutes an element that must be found by a jury beyond a reasonable doubt