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: in the context of an election case, even in the absence of a class action, and concluding that the case was not moot); Rosario v. Rockefeller, 410 U.S. 752, 756 n. 5, 93 S.Ct. 1245, 36 L.Ed.2d 1 (1973) (concluding that plaintiffs’ class action challenge to New York’s Election Law was capable of repetition yet evading review, although primary election had passed and the petitioners would be eligible to vote in the next primary); Dunn v. Blumstein, 405 U.S. 330, 333 n. 2, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972) (in challenge to a provision of Tennessee’s election law, concluding that, although plaintiff would be eligible to vote in the next election, the controversy was capable of repetition yet evading review); Fulani v. League of Women Voters Educ. Fund, 882 F.2d 621, 628 (2d Cir.1989) (<HOLDING>). We adopt the approach of the former cases, 
 Holding statements: (A) holding that appeal was not moot despite the fact that the election had passed because there would be every reason to expect the same parties to generate a similar future controversy emphasis added (B) holding that although the 1972 election had long since passed the case was not moot because the statute under review would apply to other candidates in the future (C) holding that election case was not moot after election because there is a reasonable expectation that the same complaining parties would be subject to that same action in the future (D) holding that issues as to whether declaratory relief should be granted had become moot and would be dismissed for lack of jurisdiction but that under hallman the entire appeal was not moot because there still was a live controversy as to whether appellee was entitled to recover attorneys fees under the declaratory judgments act and therefore issues regarding attorneys fees were not moot and would be decided (E) holding that plaintiffs claims were not moot although the election was over because the same issues would affect minorparty candidacies in the future but failing to address whether fulani herself would be affected

Answer: holding that appeal was not moot despite the fact that the election had passed because there would be every reason to expect the same parties to generate a similar future controversy emphasis added


Question: prejudice. Common v. W. Suburban Hosp. Med. Ctr., 301 Ill.App.3d 939, 235 Ill.Dec. 158, 704 N.E.2d 731, 738-39 (1998) (emphasis added) (citations omitted) (internal quotation marks omitted). We quoted Common and echoed its sentiment in Sherrod v. Lingle, 223 F.3d 605, 614 (7th Cir.2000), where we held that a district court’s failure to permit a plaintiff to amend his complaint in order to comply with section 2-622 was an abuse of discretion. Second, although the district court believed that plaintiffs’ counsel should have known to submit an affidavit and report in accordance with section 2-622, it made no specific finding that the failure to do so was in bad faith or an attempt to delay litigation. See Cookson v. Price, 393 Ill.App.3d 549, 333 Ill.Dec. 22, 914 N.E.2d 229, 232 (2009) (<HOLDING>). Further, it did not explain whether or in 
 Holding statements: (A) holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a (B) holding no jurisdiction where appellant argued report was no report because it failed to mention appellant in any substantive way but trial court found report was merely deficient on element of causation as to appellant and granted extension (C) holding that it was error for the trial court to refuse to permit plaintiff to amend his complaint to include a new affidavit and report complying with section 2622 where there was no indication that the plaintiffs failure to file the report earlier in the litigation was in bad faith (D) holding that the trial courts failure to dismiss the action to quiet title was error because the plaintiff was not in possession of the land in question but the error was not fatal to the claim because the superior court could sua sponte amend the pleadings to include an action in ejectment (E) holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel

Answer: holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a


Question: this extraordinary relief, Harris cited a declaration in which his former lawyer swore that his representation in the first habeas proceeding had been ineffective. We ruled in Rodriguez v. Mitchell, 252 F.3d 191 (2d Cir.2001), that relief under Rule 60(b) is available with respect to a previous habeas proceeding only when the Rule 60(b) motion attacks the integrity of the habeas proceeding and not the underlying criminal conviction. Harris has cast his Rule 60(b)(6) motion as such an attack on the integrity of his initial habeas proceeding, although the ground cited by Harris for reopening the first habeas proceeding would (if valid) require the habeas court to consider whether the sentencing judge committed reversible error. See Mayo v. Henderson, 13 F.3d 528, 534 (2d Cir.1994) (<HOLDING>). Harris’s attack on the integrity of the 
 Holding statements: (A) holding that an ineffectivenessofappellatecounsel claim is only valid if the appellate error prejudiced the defendant (B) holding that lack of appellate jurisdiction is fundamental error (C) holding that appellate review is precluded when the error is invited (D) holding that where the state commits a discovery violation the standard for harmless error is extraordinarily high a defendant is presumed to be procedurally prejudiced if there is a reasonable probability that the defendants trial preparation or strategy would have been materially different had the violation not occurred and a states discovery violation is harmless only if the appellate court can say beyond a reasonable doubt that the defense was not procedurally prejudiced (E) recognizing under plain error review that the burden to show that substantial rights have been prejudiced is on the party that failed to raise the issue below and for an error to have affected substantial rights the error must have affected the outcome of the district court proceedings

Answer:
holding that lack of appellate jurisdiction is fundamental error