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: would allow for the award of attorney fees whenever a statute or contract provides for one side to pay expenses, even when such attorney fees were not contemplated. The majority opinion sets a dangerous precedent in this regard. Therefore, I do not join in the majority’s opinion that the term “expenses” as used in section 13-7-4(d) includes attorney fees, but would hold that because that section does not specifically provide for an award of attorney fees, such award was improper here. For the reasons stated above, I concur in the majority’s determination that the trial court improperly awarded attorney fees to defendant Newspaper Agency Corporation. However, I dissent rs of Am. v. Champion Int’l Corp., 790 F.2d 1174 (5th Cir.1986); In re Olliff, 258 Ga. 157, 366 S.E.2d 289, 289 (1988) (<HOLDING>); Head v. Savage, Minn., 255 N.W.2d 32, 38 
 Holding statements: (A) holding that an award for medical expenses is proper when the expenses have been incurred but not paid (B) holding that costs and expenses are to considerable degree synonymous (C) holding that the bankruptcy court properly disallowed fees when the bank could not demonstrate actual costs and expenses beyond its normal operating costs attributable to the debtors loan (D) holding that federal express costs telephone expenses and postage expenses did not qualify as taxable costs (E) holding that expenses refers to costs

Output: holding that an award for medical expenses is proper when the expenses have been incurred but not paid


Input: Consider Input: of whether the images on the site constituted child pornography, the receipt shows Shiver’s familiarity with making commercial transactions for pornographic images on the Internet. The government also presented evidence specifically showing that the image of one child in particular had been produced in North Carolina. That the latter image ended up on Shiver’s computer in Florida strongly suggests that it traveled in interstate commerce. We likewise reject Shiver’s contention that the government’s evidence was insufficient to support the jury’s conclusion that he “knowingly possessed” the images of child pornography on his computer. Although we have interpreted the meaning of “knowing possession” in other contexts, see, e.g., United States v. Glover, 431 F.3d 744, 748 (11th Cir.2005) (<HOLDING>) (quotation omitted), we have not yet had 
 Holding statements: (A) holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession (B) holding in a similar factual situation that the bankruptcy court had no jurisdiction because it had no actual or constructive possession of the letters of credit involved (C) recognizing theory of constructive possession (D) holding that constructive possession need not be exclusive but may be shared by others (E) holding that k no wing possession can be demonstrated by proof of either actual or constructive possession

Output: holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession


Input: Consider Input: at 377; Haight v. Savoy Apartments, 814 S.W.2d 849, 851 (Tex.App.—Houston [1st Dist.] 1991, writ denied). Also, under the “no evidence” motion, after an adequate time for discovery, the party without the burden of proof may, without presenting evidence, move for summary judgment on the ground that there is no evidence to support an essential element of the nonmovant’s claim or defense. Tex.R. Civ. P. 166a(i). The trial court must grant the motion unless the respondent produces summary judgment evidence raising a genuine issue of material fact. The response need only “point out evidence” that raises a fact issue on the challenged elements. Tex.R. Civ. P. 166a cmt (i) to 1997 change; see also Macias v. Fiesta Mart, Inc., 988 S.W.2d 316, 317 (Tex.App.—Houston [1st Dist.] 1999, no pet.) (<HOLDING>). More than a scintilla of evidence exists when 
 Holding statements: (A) holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment (B) holding that summary judgment was appropriate when no reasonable factfinder could have found for the nonmovant (C) recognizing that a noevidence summary judgment is improper if the nonmovant brings forth more than a scintilla of evidence (D) holding courts review motion for summary judgment in light most favorable to nonmovant (E) holding that on a motion for summary judgment the mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient and there must be evidence on which the jury could reasonably find for the plaintiff


Output: holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment