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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: Dubé, who held a hearing on the summary judgment motions on December 11, 2003. On January 14, 2004, Judge Dubé issued his R & R, which recommended that Plaintiffs Motion for Summary Judgment be granted and that Defendant’s Motion be denied, thereby reversing the decision of the Appeals Council. Having received objections from both parties, the R & R is now ripe for consideration by this Court. Analysis The issues appealed from the Appeals Council are purely questions of law. Although a more restrictive standard of review applies if an appeal of a final decision of the Commissioner of Social Security is based on that decision’s factual findings, no presumption of validity attaches to the Commissioner’s conclusions of law. See Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir.1991) (<HOLDING>). Therefore; the Court must conduct its own 
 Holding statements: (A) holding that although the district court was not required to discuss each of the factors on the record a decision to dismiss stands a better chance on appeal if the appellate court has the benefit of the district courts reasoning (B) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (C) holding the courts scope of review is  limited to determining whether the commissioner applied the correct legal standards and whether the record as a whole contains substantial evidence to support the commissioners findings of fact  (D) recognizing that when reviewing for clear error we usually must reverse if the district court applied incorrect legal standards to reach its findings (E) holding the district court can reverse the commissioners decision based on her failure to apply the correct law or to provide the reviewing court with sufficient reasoning for determining that the proper legal analysis has been conducted
[A]: (E)


[Q]: is knowing and voluntary, when there is a factual foundation to support it, when the state has agreed to it, then the discretion has ended and the plea must be accepted.” Id. at 1041. We noted, however, that this rule applied only to “unconditional and unqualified” guilty pleas, not to negotiated pleas where the State has agreed to a particular sentence or to the disposition of particular charges, or where the State opposes the plea. Id. at 1041-42 (on motion for rehearing). Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i) provides: “A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved.” See State v. Ashby, 245 So.2d 225 (Fla.1971) (<HOLDING>). A trial judge has wide discretion to refuse 
 Holding statements: (A) holding a contemporaneous objection is required to preserve an issue for appellate review (B) holding that a defendant in a criminal case might plead no contest conditioned on the right to preserve for appellate review a question of law (C) holding that the defendant failed properly to preserve assignment of error for appellate review because the trial court had no opportunity to consider the defendants contention as presented on appeal (D) holding that there is no due process right to appellate review (E) holding that under state procedural law a timely objection is necessary to preserve a batson question for appellate review
[A]: (B)


[Q]: those of Legal Defense Fund lawyers. The only material difference is that here employees must choose between the lawsuit and a conciliation offer while in Button there had been no conciliation and offer. The people attending the meetings held by the Legal Defense Fund lawyers in Button, however, did have to choose between initiating a lawsuit and not participating in a lawsuit. The type of choice the people would have to make here and in Button is not so different that the solicitation that could have occurred in this case was outside the scope of activity protected by Button. The characteristics of the solicitation that brought it within constitutional protection in Button are equally present in this case. See also Great Western Cities, Inc. v. Binstein, 476 F.Supp. 827 (N.D.I11.1979) (<HOLDING>). The continued vitality of Button was recently 
 Holding statements: (A) holding that a district courts findings under rule 52a are to be liberally construed in support of the district courts judgment (B) recognizing a similar exception to its rule with respect to corporations (C) holding rule similar to district courts order constitutionally inapplicable to nonprofit solicitation (D) holding that the majority of courts to address this issue have decided that the 100mile rule is inapplicable to parties and party officers (E) holding the carew rule to be inapplicable to claims of insurer bad faith
[A]:
(C)