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: CURIAM. Anthony McLemore was tried by jury and convicted of possession of cocaine and possession of cannabis. We agree with McLemore that the trial court erred in failing to give the jury his requested special instruction that an element of the crime is knowledge by the defendant that the substances possessed were marijuana and cocaine. See Chicone v. State, 684 So.2d 736, 746 (Fla.1996). Even though McLemore disavowed any connection whatsoever to the items, we find that the error was not harmless. See Scott v. State, 808 So.2d 166 (Fla.2002)(<HOLDING>). Accordingly, we reverse the convictions and 
 Holding statements: (A) holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review (B) holdingthat because the evidence of the defendants guilt was overwhelming the courts failure to give a requested charge on impeachment constituted harmless error (C) holding that a trial court errs when it fails to give a limiting instruction properly requested by a party (D) holding that failure to give a limiting instruction for 404b evidence is not plain error (E) holding that failure to give a properly requested chicone instruction cannot be harmless error

Answer: holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review


Question: Welliver was originally entered into by Wellco, Inc. as Welliver’s predecessor. 4 . Ward is a Delaware corporation with its principal place of business located in Bloss-burg, Pennsylvania. 5 . A “turn-key” project is one “in which all owner need do is 'turn the key' in the lock to open the building with nothing remaining to be done and all risks lo be assumed by contractor.” Black's Law Dictionary 1055 (6th ed.1991). 6 . Welliver is located in Elmira, New York. 7 . Ward Excavating is a Pennsylvania corporation with its principal place of business located in Troy, Pennsylvania. 8 . The phrases "peculiar risk” and "special danger” are used interchangeably. Restatement (Second) of Torts § 416 comment a (1965); Ortiz v. Ra-El Dev. Corp., 365 Pa.Su per. 48, 528 A.2d 1355, 1357 n. 2 (1987) (<HOLDING>). 9 . Nowhere in their Brief in Opposition to 
 Holding statements: (A) holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors (B) holding corporation that contracted with independent contractor not liable to subcontractors employee plaintiff was unable to establish that peculiar risk or special danger caused injury (C) holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee (D) holding that contract charged primary contractor with a duty of care for all employees on the work site including employees of its subcontractors where contract required primary contractor to comply with applicable state and federal safety statutes and regulations made primary contractor responsible for reviewing safety programs of its subcontractors and primary contractor employed a safety officer to oversee its subcontractors operations (E) holding that bankruptcy trustee for contractor could not avoid prepetition payment of funds from contractor to subcontractors

Answer: holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors


Question: she had responded, the disciplinary hearing which was held might have proven to be unnecessary. Spooner, No. SC04-1375, Florida Bar No. 2004-00,357 The referee made numerous findings concerning the Spooner case, all of which led to the conclusion that Broome’s representation of Spooner was adequate. The only ethical violation the referee found in this case, a failure to respond to the Bar’s letter of inquiry in violation of rule 4-8.4(g)(1), was not supported by a factual finding by the referee that Broome failed to respond to a letter of inquiry from the Bar. However, Broome admitted the allegation in her answer to the Bar’s formal complaint against her. Nor is she taking issue with the referee’s finding of the violation. See also Fla. Bar v. Lancaster, 448 So.2d 1019, 1022 (Fla.1984) (<HOLDING>). Mailloux, No. SC04-1375, Florida Bar No. 
 Holding statements: (A) holding defendants were precluded from challenging the validity of jury verdict forms for failure to have complained at trial (B) holding that the plaintiff was precluded from raising the issue for the first time on appeal (C) holding that a defendants failure to object or join in a codefendants objection to an issue bars the defendant from raising the issue on appeal (D) holding bars failure to present evidence on an issue to which the parties had stipulated precluded the attorney from challenging the accuracy of the finding (E) holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court

Answer:
holding defendants were precluded from challenging the validity of jury verdict forms for failure to have complained at trial