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.

Q: States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). By assenting to settlement in this action, Defendants waived, for example, the right to contest the EPA’s regulatory jurisdiction, which would have been an element of the EPA’s substantive claim. See United States v. Krilich, 209 F.3d 968, 972 (7th Cir.2000) (“[T]he interstate connection, i.e. that the waters involved were ‘waters of the United States,’ is merely an element of the United States’ Clean Water Act case under section 301.”), cert. denied, 531 U.S. 992, 121 S.Ct. 482, 148 L.Ed.2d 455 (2000); see also United States v. Wilson, 133 F.3d 251, 264 (4th Cir.1997) (indicating proof of interstate nexus is an element of criminal liability under CWA); United States v. Ahmad, 101 F.3d 386, 391 (5th Cir.1996) (<HOLDING>). Moreover, a consent decree “is an agreement 
 Holding statements: (A) recognizing that exhaustion is mandatory and jurisdictional (B) recognizing the existence of the special relationship (C) recognizing existence of two tests (D) recognizing the existence of purely jurisdictional elements (E) holding that one of the essential elements of an abuse of process claim is the existence of an ulterior motive

A: recognizing that exhaustion is mandatory and jurisdictional
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Q: commercial, including ... [any maritime contract evidencing a transaction involving commerce], falls under the Convention. An agreement or award arising out of such a relationship which is entirely between citizens of the United States shall be deemed not to fall under the Convention unless that relationship involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with one or more foreign states. For the purpose of this section a corporation is a citizen of the United States if it is incorporated or has its principal place of business in the United States. 9 U.S.C. §§ 201 and 202; see also 9 U.S.C. § 2. A seaman’s contract that contains an agreement to arbitrate generally falls under the convention. Bautista, 396 F.3d at 1299 (<HOLDING>) (citing Francisco v. STOLT ACHIEVEMENT MT, 293 
 Holding statements: (A) holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous (B) holding implied covenant of good faith and fair dealing found in some commercial contracts does not extend to atwill employment contracts (C) holding that contracts for an indefinite period are excluded from the statutes coverage (D) holding that at will contracts of employment are subject to tortious interference with contracts claims (E) holding that the convention and us implementing statutes do not recognize an exception for seaman employment contracts and concluding that such contracts are commercial for purposes of same

A: holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous
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Q: party may only inquire as to the existence of convictions and their number (or, if the matter be denied, may show the convictions by documentary evidence) the party presenting the testimony of the witness may delve into the nature or circumstances of the convictions for the purpose of rehabilitating the witness by attempting to diminish the effect of the disclosures. Id. at 522; see also McArthur v. Cook, 99 So.2d 565, 567 (Fla.1957)(“If the witness so desires he may of his own volition state the nature of the crime and offer any relevant testimony that would eliminate any adverse implications; for example, the fact that he had in the meantime been fully pardoned or that the crime was a minor one and occurred many years before.”); Williams v. State, 730 So.2d 777, 778 (Fla. 3d DCA 1999)(<HOLDING>). In the present case, during the defendant’s 
 Holding statements: (A) holding without discussion of montgomery that a defendant can only be impeached by evidence of a conviction of a prior felony or infamous crime (B) holding that witness could not be impeached with prior statement because his silence did not constitute testimony  (C) holding that on direct examination of defendant he is entitled to explain the nature and circumstances of his prior conviction in order to rehabilitate himself prior to being impeached by the state during crossexamination (D) holding that where defendant stipulates to prior felony conviction evidence of the nature of the prior crime is irrelevant and should be excluded (E) holding that a defendant who preemptively introduces evidence of a prior conviction on direct examination may not on appeal claim that the admission of such evidence was error

A:
holding without discussion of montgomery that a defendant can only be impeached by evidence of a conviction of a prior felony or infamous crime
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