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]: 375 F.3d 1341 (Fed.Cir.2004). Since, as we explain below, sufficient evidence supports the jury’s verdict, we need not consider whether the District’s failure to move for judgment as a matter of law at the close of its own case (as opposed to at the close of Smith’s case) further limits our review “to considering whether the verdict is so unsupported by the evidence that allowing it to stand would constitute a manifest miscarriage of justice,” Fredrick, 254 F.3d at 162. The District presents two fact-based challenges to the jury’s verdict. First, it argues that the jury could not have reasonably concluded that the District had a deliberately indifferent policy or custom under Monell v. New York City Department of Social Services, 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (<HOLDING>). Second, it claims that even had such a policy 
 Holding statements: (A) holding that discrimination against a municipal employee could trigger municipal liability under  1983 through official policy or custom (B) holding that county liability under  1983 cannot rest on a theory of respondeat superior (C) holding that conditionsofconfinement claims must be brought in 42 usc  1983 civil rights complaint rather than in habeas petition (D) recognizing respondeat superior liability (E) holding that municipal liability for purposes of claims brought under 42 usc  1983 must stem from an unconstitutional policy or custom rather than simply from respondeat superior
[A]: holding that discrimination against a municipal employee could trigger municipal liability under  1983 through official policy or custom


[Q]: was pending on, AEDPA’s effective date. See Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); United States v. Skandier, 125 F.3d 178 (3d Cir.1997). “Because the District Court relied entirely upon the state court record and did not hold an evidentiary hearing, our review [of the District Court’s decision] is plenary.” Hassine v. Zimmerman, 160 F.3d 941, 947 (3d Cir.1998) (citing Johnson v. Rosemeyer, 117 F.3d 104, 109 (3d Cir.1997)). Like the District Court, we must presume all state court factual findings tó be correct, 28 U.S.C. § 2254(d), but we “exercise plenary review over state court conclusions on mixed questions of law and fact and pure issues of law.” Hassine, 160 F.3d at 947; see Miller v. Fenton, 474 U.S. 104, 105, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985)(<HOLDING>); Sumner v. Mata, 455 U.S. 591, 597, 102 S.Ct. 
 Holding statements: (A) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (B) holding that the jones act provides an independent basis for subject matter jurisdiction (C) holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction (D) holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the federal court necessarily depends on resolution of a substantial question of federal law (E) holding that while subsidiary factual questions are subject to  2254ds presumption the ultimate legal question of confessions constitutional voluntariness is a matter for independent federal determination
[A]: holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review


[Q]: needed to object when appellant asked this court to look at and consider the DVD; appellant first requested this in her appellate brief, not in the motion to supplement. 7 . In fact, neither party contends, and we are aware of no authority so holding, that an in-court demonstration is reviewable on appeal only if captured on video. 8 . Rule 602 provides in relevant part: "A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness.” TEX. R. EVID. 602. 9 . Rule 701 provides as follows: "If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences 82) (<HOLDING>); McGuire v. Nelson, 162 Mont. 37, 508 P.2d 
 Holding statements: (A) holding that it was not plain error for the district court to admit an experts testimony that it was his opinion that approximately 200000 worth of cocaine was possessed with intent to distribute and not for personal use (B) holding that it was an abuse of discretion to admit the record when an admission was available (C) holding it was error to admit similar type knife allegedly found on plaintiff when it was not made clear admission was solely for illustrative purposes and therefore was prejudicial (D) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (E) holding that statement was stray remark where it was consistent with the context in which it was allegedly made
[A]:
holding that it was not plain error for the district court to admit an experts testimony that it was his opinion that approximately 200000 worth of cocaine was possessed with intent to distribute and not for personal use