instruction:
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.
question:
though it may be more expedient for the legislature to redraft the statute in its entirety. See Hill, 202 Ill. 2d at 156; McDougall, 389 Ill. at 155. Defendant further contends that the decision by another division of this appellate district in In re E.H., 355 Ill. App. 3d 564 (2005), which he claims held section 115 — 10 to be facially unconstitutional en toto, is “controlling.” We begin by initially noting that defendant misstates the effect that the decision of one appellate court panel has upon the subsequent considerations of another. We are not bound by the decisions of the other divisions of this district so that even if E.H. held as defendant claims, it would not be “controlling” over our analysis. Muller v. Health & Hospital Governing Comm’n, 106 Ill. App. 3d 383, 386 (1982) (<HOLDING>), rev’d on other grounds, 93 Ill. 2d 543 (1983) 
 Holding statements: (A) holding res judicata applied to improper property division before holding parties were bound by their division agreement (B) holding that appellate court is not bound by the agencys interpretation of a statute or its determination of a strictly legal issue (C) holding that the attorney generals decision not to provide representation to an employee is reviewable by the appellate division not by the law division where the actions against the employee are pending (D) holding itself not bound by the opinion of another division of its own appellate district (E) holding that this court is not bound by decisions of the appellate division or the third circuit even where those decisions concern the same parties and legal issues
answer:
holding res judicata applied to improper property division before holding parties were bound by their division agreement


question:
1 We note that the Supreme Court of Georgia recently vacated portions of the trial court’s injunction order in Barham v. City of Atlanta, 292 Ga. 375 (738 SE2d 52) (2013). 2 Am. Petroleum Prods., Inc. v. Mom & Pop Stores, Inc., 231 Ga. App. 1, 7 (3) (497 SE2d 616) (1998) (punctuation omitted). 3 Levine v. Sun Trust Robinson Humphrey, 321 Ga. App. 268, 275 (3) (740 SE2d 672) (2013) (punctuation omitted). 4 Am. Petroleum Prods., 231 G 215 SE2d 294) (1975) (“[When] the complaining party cannot legitimately claim surprise, either because he knew of the existence of the witness or had equal means of knowing, it is not error to fail to invoke the sanctions of postponement, mistrial, barring the witness, etc.”). Cf. Malley Motors, Inc. v. Davis, 183 Ga. App. 599, 600 (1) (359 SE2d 394) (1987) (<HOLDING>). 18 See Hunter v. Nissan Motor Co. Ltd. of 
 Holding statements: (A) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness (D) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (E) holding that the jury is the judge of the weight and credibility given to witness testimony
answer:
holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness


question:
are still the “law-abiding, responsible citizens” entitled to full Second Amendment rights, because the construction regulations do not come close to implicating the core of their rights, intermediate scrutiny is appropriate. See id. (“the [City] must show at least that the statute directly advances a substantial governmental interest and that the measure is drawn to achieve that interest”). The City satisfies intermediate scrutiny if its “legislative conclusion was reasonable and supported by substantial evidence in the rec ord.” See Turner Broad. Sys., Inc. v. F.C.C., 520 U.S. 180, 211, 117 S.Ct. 1174, 137 L.Ed.2d 369 (1997). Substantial evidence is found not only in the form of hard data. See Lorillard Tobacco Co. v. Reilly, 533 U.S. 525, 555, 121 S.Ct. 2404, 150 L.Ed.2d 532 (2001) (<HOLDING>). The City fares better in justifying its 
 Holding statements: (A) holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category (B) holding that unconstitutional government action can only be challenged by a person directly affected it cannot be challenged by one invoicing the rights of third parties (C) holding that common knowledge and common sense of one skilled in the art must be considered in determining obviousness (D) holding that facially valid indictment may not be challenged on the ground that it is based on inadequate evidence (E) holding that challenged ordinances can be justified based on history consensus and simple common sense
answer:

holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category