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:
Covenant Media of South Carolina, LLC v. City of North Charleston, 493 F.3d 421 (4th Cir.2007) (city regulation was revised during the litigation to include a time limit for reviewing permits; however the court still found standing because Covenant had suffered an injury by the City’s application of the original unconstitutional ordinance that is redressable at least by nominal damages); Boulder Sign Co. v. City of Boulder City, Nevada, 281 Fed.Appx. 701 (9th Cir.2008) (City passed an ordinance banning all billboards while sign company was challenging size restrictions of the original ordinance; court found no standing because sign company’s alleged injury cannot be redressed by a favorable decision.); Coral Springs St. Sys. v. City of Sunrise, 371 F.3d 1320 (11th Cir.2004) (<HOLDING>); Granite State Outdoor Adven, Inc. v. 
 Holding statements: (A) recognizing that the zoning code of a homerule city is a legislative enactment (B) recognizing that code is speech (C) recognizing that source code is speech but not reaching the object code issue (D) holding that the challenge to the sign code is moot because the original code was repealed and superseded and there was no reasonable likelihood the city would reenact the old code (E) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law
answer:
recognizing that the zoning code of a homerule city is a legislative enactment


question:
the justifiable use of deadly force to specific circumstances, such as when the actor “reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.” Id. § 776.012(1). As discussed at length above, Lieutenant Weippert’s conduct was objectively reasonable and he had probable cause to believe that Mr. Penley posed a threat of great bodily harm to the lieutenant and others. Even when viewed in the light most favorable to the Penleys, the evidence reveals no genuine issues of material fact as to whether Lieutenant Weippert’s use of force was reasonably necessary. Under Florida law, Lieutenant Weippert had no duty to retreat and his use of force was justifiable. See State v. Rivera, 719 So.2d 335, 337-38 (Fla. 5th DCA 1998) (<HOLDING>); see also Davis v. Williams, 451 F.3d 759, 768 
 Holding statements: (A) holding that instruction on use of deadly force was required where complainant was armed with a coke bottle (B) holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded (C) holding that after being chased by a carfull of angry men it would have been reasonable for mr rivera a private citizen to believe that deadly force was necessary even if only a single unarmed pursuer had approached his nowstopped car because the pursuer and his friends had already threatened riveras life and the lives of other innocent people by engaging in a highspeed chase and throwing deadly missiles namely a bottle of soda and a can of tuna (D) holding that apprehension by the use of deadly force is a seizure (E) holding that instruction on use of deadly force was required where appellant was aware of the decedents violent history decedent had a gun in his car and appellant used force only after decedent had made an attempt to approach his car
answer:
holding that instruction on use of deadly force was required where complainant was armed with a coke bottle


question:
the genus of goods or services for which it seeks protection. See 15 U.S.C. § 1051(a)(2), (b)(2); 37 C.F.R. §§ 2.32(a)(6), 2.71(a); TMEP § 1402.01; see also Stone Lion Capital Partners, L.P. v. Lion Capital LLP, 746 F.3d 1317, 1324 (Fed.Cir.2014) (“Parties that choose to recite services in their trademark application that exceed their actual services will be held to the broader scope of the application.”); Octocom Sys., 918 F.2d at 942 (“[R]egistrability of an applicant’s mark must be decided on the basis of the identification of goods set forth in the application.... ”). The PTO will generally accept any identification of goods or services so long as it is “specific, definite, clear, accurate, and concise.” TMEP § 1402.01; see also In re Omega SA 494 F.3d 1362, 1365 (Fed.Cir.2007) (<HOLDING>) (quoting In re Water Gremlin Co., 635 F.2d 
 Holding statements: (A) holding that relators failure to meet the particularity requirements of rule 9b did not bar his claim where the relator was a former employee of the defendants and lacked access to records and documents in the possession of the defendants that contained information necessary to plead with particularity (B) holding that the concerns that require fraud to be pleaded with particularity are even more urgent in a civil rico action (C) holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant (D) holding that it is within the discretion of the pto to require that ones goods be identified with particularity in a trademark application (E) holding that a rule 10b5 claim must be stated with particularity
answer:

holding that relators failure to meet the particularity requirements of rule 9b did not bar his claim where the relator was a former employee of the defendants and lacked access to records and documents in the possession of the defendants that contained information necessary to plead with particularity