TASK DEFINITION: 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.
PROBLEM: this is irrelevant to the question of whether a loan was made to Busson-Sokolik in the first place. Finding no clear error on the question of whether the funds were in fact transferred to Busson-Sokolik and no defects in the formation of a valid contract between the parties, we affirm the finding that the sum MSOE transferred to Busson-Sokolik was a loan. 2 . “Abuse of discretion” is the clear standard for evaluating a judge’s decision to impose sanctions in a bankruptcy case. See In re Rimsat, Ltd., 212 F.3d 1039, 1046 (7th Cir.2000). While the standard for evaluating a judge’s decision not to impose sanctions in a bankruptcy case is somewhat less clear, we adopt the Sixth Circuit’s approach of using the "abuse of discretion” standard. See In re Downs, 103 F.3d 472, 480 (6th Cir.1996) (<HOLDING>). 3 . An appeal is frivolous "when the result 
 Holding statements: (A) holding that the appropriate standard of review is abuse of discretion (B) holding that the applicable standard of review for evaluating a bankruptcy courts denial of fed r bankrp 9011 sanctions is abuse of discretion and noting similar approaches taken by the ninth and tenth circuits (C) holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit (D) holding that the conclusion that the wiretap was necessary in each situation is reviewed for an abuse of discretion and bringing the tenth circuit into accordance with the authority of a majority of other circuits (E) holding that the standard of review is abuse of discretion and an appeal from denial of rule 60b relief does not bring up the underlying judgment for review

SOLUTION: holding that the appropriate standard of review is abuse of discretion

PROBLEM: Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

SOLUTION: recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify

PROBLEM: that Dina told him about the allegations, the court must have believed that James did not obtain the information illegally. We find both parties’ reasoning to be flawed. The Fourth Amendment has no application in this context. James Pannunzio committed the illegal act without the assistance or appeal of the government. See United States v. Jacobsen (1984), 466 U.S. 109, 113-114, 104 S.Ct. 1652, 1656, 80 L.Ed.2d 85, 94. See, also, State v. Ford (Oct. 9, 1987), Lucas App. No. L-86- 338, unreported, 1987 WL 18126 (explaining that even though evidence is secured illegally by a private person and turned over to the police, possession by the police does not invoke the exclusionary rule); and Walter v. United States (1980), 447 U.S. 649, 657, 100 S.Ct. 2395, 2402, 65 L.Ed.2d 410, 418 (<HOLDING>). Davies’ reliance on Perkins and Nix is 
 Holding statements: (A) holding that where defendant consented to search of his car and stood by as agent conducted a thorough and systematic search which included removal of vehicles back seat and raising of cars rear quarter panel defendants failure to object to search indicated search was within scope of consent (B) holding that officers executing a search warrant for contraband have the authority to detain the occupants of the premises while a proper search is conducted (C) holding that a significant expansion by police of the search that had been conducted previously by a private party must be characterized as a separate search (D) holding that search of backpack constituted a search of defendants person and was not authorized by search warrant for premises (E) holding that contraband would have been inevitably discovered where agents conducted a warrantless search while obtaining a search warrant and later conducted a second legal search in which agents discovered contraband

SOLUTION:
holding that where defendant consented to search of his car and stood by as agent conducted a thorough and systematic search which included removal of vehicles back seat and raising of cars rear quarter panel defendants failure to object to search indicated search was within scope of consent