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: on the circuit court orders and the statements of defense counsel at the hearing. We hold that neither the doctors nor the trial court could rely on facts and legal conclusions within the circuit court orders. Thus, the doctors’ assertions at the hearing, which were based on facts within the orders, constituted factual statements of counsel. Moreover, the orders were, in effect, memoranda submitted by counsel. In any event, the trial court could not properly consider factual statements from either when deciding the motions, however they are characterized. Cf. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995) (noting that the ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint); Gilmore, 290 S.C. 53, 348 S.E.2d 180 (<HOLDING>). This is not to say that circuit court orders 
 Holding statements: (A) holding that the judge cannot consider factual statements of counsel in a motion for summary judgment (B) holding that unsworn statements may not be considered on a motion for summary judgment (C) holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment (D) holding that motion to dismiss cannot be treated as summary judgment (E) holding that conclusory statements without factual support are of no value to the court when deciding a summary judgment motion

Answer: holding that unsworn statements may not be considered on a motion for summary judgment


Question: 2 (emphasis added). In its Clarification, the FCC freed itself of this deadline, continuing to state that the order would last until the Fourth FNPRM but giving no time period in which that would occur. Clarification, 15 FCC Rcd 9587, at ¶ ¶ 1, 35. We hold that this extension newly aggrieved CompTel and thus made its petition timely. See Sam Rayburn Dam Elec. Coop. v. Fed. Power Comm’n, 515 F.2d 998, 1007 (D.C.Cir.1975) (stating that where a party was “aggrieved” by a later interpretation of a rule that it could not have reasonably anticipated, the time limit starts to run at the later event). Cases have held that extension of a temporary order may entitle the parties to seek judicial review of the order. See Public Citizen v. Nuclear Regulatory Comm’n, 901 F.2d 147, 151 (D.C.Cir.1990) (<HOLDING>); Illinois Cent. Gulf R.R. v. Interstate 
 Holding statements: (A) holding that where a temporary order is later made permanent the permanent order may be challenged (B) holding that the phrase permanent shutdown is unambiguous and can only mean a permanent cessation of plant operations rather than the uneventful transfer of ownership (C) holding it was error for the court to issue a permanent injunction at a hearing to show cause why a temporary restraining order should not be continued via a preliminary injunction (D) holding that an alien who procured permanent resident status byconcealing his ineligibility had not been lawfully admitted for permanent residence (E) holding an order that was interlocutory in form to be final in substance where the force and effect of the order was tantamount to a permanent injunction depriving complainant of a recognized property right

Answer: holding that the phrase permanent shutdown is unambiguous and can only mean a permanent cessation of plant operations rather than the uneventful transfer of ownership


Question: 150, 155, 907 P.2d 536, 541 (App.1995) (relying on Principles as authoritative in a different context). Section 7.22 of Principles provides, in relevant part: (a) The fair value of shares under [corporate transactions giving rise to appraisal rights] should be the value of the eligible holder’s proportionate interest in the corporation, without any discount for minority status or, absent extraordinary circumstances, lack of marketability. Subject to Subsections (b) and (e), fair value should be determined using the customary valuation concepts and techniques generally employed in the relevant securities and financial markets for similar businesses in the context of the transaction giving rise to appraisal. (Emphasis added.) See also Weinberger v. UOP, Inc., 457 A2d 701, 713 (Del.1983) (<HOLDING>). ¶ 31 Both parties here cite a rule of law 
 Holding statements: (A) holding that determining corporate value may be done by including proof of value by any techniques or methods which are generally considered acceptable in the financial community and otherwise admissible in court (B) holding the aggregate value of the land and its improvements is the controlling value (C) holding determination of property value in case to decide if assessed value was excessive is not a liquidated demand where only evidence of property value was the conclusory allegation of value in plaintiffs unsworn petition (D) holding that calculations done by applying product rule were generally accepted in relevant scientific community (E) holding in an equitable distribution case that the trial court should make specific findings regarding the value of a spouses professional practice and the existence and value of its goodwill and should clearly indicate the evidence on which its valuations are based preferably noting the valuation method or methods on which it relied internal quotation marks omitted

Answer:
holding the aggregate value of the land and its improvements is the controlling value