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.

Input: Consider Input: court’s credibility determinations “unless the court credited testimony that was essentially unbelievable as a matter of law,” United States v. Smith, 308 F.3d 726, 746 (7th Cir.2002). There is no clear error in the district court’s decision to credit the presentence investigation report and Officer Morrissey’s sworn testimony over the unsworn, hearsay statement of the defendant. See United States v. Torres-Ramirez, 213 F.3d 978, 980-81 (7th Cir.2000) (‘When the sentence rests on testimony under oath ... it is enough that the judge believe the witness — unless the testimony is illogical or contradicted by documents or other physical evidence, making it clearly erroneous to accept the witness’s version of events.”); United States v. Krankel, 164 F.3d 1046, 1054-55 (7th Cir.1998) (<HOLDING>). Campbell directs us to no inconsistencies in 
 Holding statements: (A) holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error (B) holding that where defendant did not offer any rebuttal evidence to refute presentence report district court  was free to adopt facts in psi without further inquiry (C) holding that court may satisfy factual basis requirement by examining presentence report (D) holding that bald unsupported assertions by the defendant cannot refute presentence investigation report (E) holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report

Output: holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error


Input: Consider Input: in favor of William Spencer, et al., (Spencer) and setting the penalties for violation of the California False Claims Act (CFCA). Spencer cross-appeals the denial of post-trial motions and refusal to award attorney’s fees. We affirm on all grounds. I BART’s unjust enrichment claim fads for want of a loss. Lectrodryer v. SeoulBank, 77 Cal.App.4th 723, 726, 91 Cal.Rptr.2d 881 (2000) (noting that the elements of unjust enrichment are “receipt of a benefit and unjust retention of the benefit at the expense of another.”). Even assuming that County of San Bernardino v. Walsh, 158 Cal.App.4th 533, 69 Cal.Rptr.3d 848 (2008), recognized an exception to this rule, BART’s claim does not fall into that exception. See Peterson v. Cellico P’ship, 164 Cal.App.4th 1583, 1594, 80 Cal.Rptr.3d 316 (2008) (<HOLDING>). Concrete financial loss is required for 
 Holding statements: (A) holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement (B) holding that walsh does not support plaintiffs assertion that they need not allege any actual injury to bring an unjust enrichment claim (C) holding that where plaintiffs filed a complaint for conversion unjust enrichment and injunctive relief they had an adequate remedy at law (D) holding that there is no cause of action in california for unjust enrichment (E) holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed

Output: holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement


Input: Consider Input: so long. These statements indicate that although formal counseling sessions had ceased, Hess still saiv himself in the role of therapist for both Cindy and her children. Courts unanimously agree that a therapist’s romantic and sexual involvement with a patient is a “harmful act.” See, e.g., Simmons v. United States, 805 F.2d 1363 (9th Cir.1986) and cases cited therein. The courts of other jurisdictions have applied statutes regarding social worker privilege. The Massachusetts Supreme Court found statements made to a social worker by a defendant regarding incestuous acts not privileged as communications revealing a crime or harmful act. Massachusetts v. Berrio, 407 Mass. 37, 551 N.E.2d 496, 499 (Mass.1990). See Massachusetts v. Collett, 439 N.E.2d 1223, 1228, 387 Mass. 424 (Mass.1982) (<HOLDING>). A New York court has applied the “crime or 
 Holding statements: (A) holding that statements made to a social worker that may have bearing on a childs health safety and welfare are not privileged and are subject to compulsory disclosure under the harmful acts exception to social worker privilege (B) holding the record does not show that the statement to the social worker was for medical treatment because the social worker testified that he questioned the child to determine whether he needed to notify child protective services of a case of suspected child abuse (C) holding a social worker treating the child was permitted to testify to statements the child made about the abuse including the victims identification of the perpetrator because the statements were necessary to the treatment of ensuring the continued safety of the child (D) holding that statements by a boyfriend to a social worker that he hit an abused mother as well as her child were not privileged (E) holding that evidence was sufficient to support trial courts best interest finding where mother allowed child to be in contact with individual who had physically abused her mother was not capable of caring for child on her own mother admitted at trial she had not found stable employment and child was doing well in her current placement


Output: holding that statements made to a social worker that may have bearing on a childs health safety and welfare are not privileged and are subject to compulsory disclosure under the harmful acts exception to social worker privilege