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: where he admitted that other Dunkin’ Donuts shops do sell soft drinks such as milk, juice or soda. See Trpko Taseski Depo., attached as Exh. 3B to plaintiffs motion, p. 61. Defendants’ only response to plaintiffs argument regarding the inapplicability of the rider are these two brief sentences: “Plaintiffs cases are inappositive. The controlling principle of law is that money paid under a mistake of fact can be recouped in an action assumpsit.” However, defendants’ claim of a “mistake of fact” is unsupported by the record. To the contrary, the facts presented confirm that no mistake was made because defendants’ were correct in voluntarily paying fees on the sales of such products. There is therefore no ground for an actio ranchise Guide (CCH) ¶ 11,290 (S.D.Fla. Oct. 30, 1997) (<HOLDING>). Defendants argue that the Michigan Franchise 
 Holding statements: (A) holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure (B) holding that although a reason was provided in the termination letter the without cause termination provision was applicable (C) holding that franchisees tax evasion scheme provided cause for termination (D) holding that franchisees illegal sale of cigarettes to minors provided cause for termination (E) holding that traditional commercial contract provided for termination at will under arkansas law

Answer: holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure


Question: court’s description of the panel’s rationale as “one over which reasonable jurists may differ” can hardly be construed as a ringing endorsement of Bush v. Gore’s precedential value or its application to the issue of variations in voting technology. Shelley II, 344 F.3d at 918. At the very least, the Ninth Circuit’s unanimous decision in Shelley II divested the panel decision of whatever precedential value it otherwise would have had. Undeterred, the majority struggles to accord such value to Shelley I because the rationale adopted by the majority is virtually identical to the one provided by the Shelley I panel — namely, that the plaintiffs’ novel equal protection claims are controlled by Supreme Court precedents that mandate the equal weighting of votes. Compare Maj. Op. at 870-71 (<HOLDING>), with Shelley I, 344 F.3d at 894-95 
 Holding statements: (A) holding that the erroneous use of an outdated jury instruction on the justifiable use of deadly force requiring the defendant to retreat if possible negated defendants claim of selfdefense and rose to the level of fundamental error (B) holding that the inclusion of the terms use and possess in a state law prohibiting the possession storage use manufacture or sale of fireworks in counties exceeding a certain population do not render the states exercise of police power unduly oppressive or unconstitutional (C) holding that the counties use of outdated technology results in the weighting of votes differently (D) holding that a plaintiff need only show that the results of a polygraph examination were a factor in the termination of employment and rejecting requirement that results be the sole factor for employees discharge (E) holding that in a statutory fee case the results obtained factor was already subsumed in the lodestar and that results multipliers should be awarded only in some cases of exceptional success

Answer: holding that the erroneous use of an outdated jury instruction on the justifiable use of deadly force requiring the defendant to retreat if possible negated defendants claim of selfdefense and rose to the level of fundamental error


Question: And, the Dallas Court of Appeals used the Timberwalk factors in analyzing the foreseeability of targeted crime. See Stewart, 214 S.W.3d at 663 (applying Timberwalk to test foreseeability of targeted shooting of employee). Barton produced some evidence of criminal activity at the Whataburger in the years preceding Dean’s murder: in July 1997, six years before the incident, a customer was shot in the parking lot, and another customer in the drive-through lane was robbed and shot in the thigh; in July 1998, a customer was robbed in the drive-through lane; in June 1999, a customer’s purse was stolen; in July 2000, a customer reported an assault (without injury); in April 2001, a woman sought help in the Whataburger, reportin z, 220 S.W.3d 33, 40 (Tex.App.-San Antonio 2006, pet. granted) (<HOLDING>), and Dickinson Arms-REO, L.P. v. Campbell, 4 
 Holding statements: (A) holding that carjacking and murder were foreseeable in light of 184 reported criminal incidents on premises during previous three years (B) holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with (C) holding sentence of thirtyfive years in prison with ten years probation for seconddegree murder is within the statutory maximum under 1997 statutes (D) holding that murder at shopping mall was foreseeable because plaintiff produced evidence of ten violent crimes at mall in previous two years (E) holding that sexual assault was not foreseeable because plaintiff produced no evidence of similar criminal acts on or near defendants premises

Answer:
holding that carjacking and murder were foreseeable in light of 184 reported criminal incidents on premises during previous three years