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.

(Black, J., concurring)). We are also troubled because, given that there was nothing about the officers’ appearance or conduct that revealed that they were engaged in the performance of their duties, Davis lacked fair notice that mere spoken words, which did not disturb the peace, could nonetheless constitute the crime of obstructing the officer’s performance of duty. See Cantwell, 310 U.S. at 311, 60 S.Ct. at 906. “It is an elemental requirement of our constitutional jurisprudence that laws be reasonably intelligible, providing citizens with fair notice as to what conduct is legal and what conduct is illegal.” Rodney A. Smolla, Smolla and Nimmer on Freedom of Speech § 6:13 (1996) (citing Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972) (<HOLDING>)). We reiterate that we recognize the need to 
 Holding statements: (A) holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion (B) recognizing the medicare statutes broad delegation of authority (C) holding unconstitutional vagrancy statutes that were purposely designed to grant police broad discretion (D) holding unconstitutional ordinance that gave executive director excessive discretion in deciding whether the grant of a permit would be detrimental to the public (E) holding that district courts discretion is extremely broad
holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion

options,” including by streamlining communication between the distressed borrower and foreclosing party. See Assemb. B. 278, 2011-2012 Leg., Reg. Sess. (Cal. 2012); S.B. 900, 2011-2012 Leg., Reg. Sess. (Cal. 2012). There has been a wave of litigation in state and federal courts challenging various aspects of the MERS System. Almost all of the relevant law is state rather than federal. The results under state law have been inconsistent. See Weber, supra, at 246-56 (cataloguing the “schizophrenic position of state courts” on issues relating to the MERS System). Some state supreme courts have upheld the MERS System on issues ranging from foreclosure authority to recording requirements. See, e.g., Renshaw v. Mortg. Elec. Registration Sys., Inc., 155 Idaho 656, 315 P.3d 844, 846-47 (2013) (<HOLDING>); Jackson v. Mortg. Elec. Registration Sys., 
 Holding statements: (A) holding that mers lacked standing to foreclose as the lenders nominee (B) holding that because mers receives no payments on the debt it is not the beneficiary even though it is so designated in the deed of trust (C) holding that mers is an ineligible beneficiary within the terms of the washington deed of trust act if it never held the promissory note or other debt instrument secured by the deed of trust and that characterizing mers as the beneficiary has the capacity to deceive and may give rise to an action under the consumer protection act (D) holding that mers may be a beneficiary as nominee for the lender that assignments of the deed of trust between mers members need not be recorded that mers was not liable to the borrower in negligence and that the idaho consumer protection act did not provide a cause of action to the borrower (E) holding that mers was not the beneficiary of a deed of trust under the oregon trust deed act absent conveyance to mers of the beneficial right to repayment and that mers could not hold or transfer legal title to the deed as the lenders nominee
holding that mers lacked standing to foreclose as the lenders nominee

the credibility of the defense’s approach to its case. Clark v. State, 878 S.W.2d 224, 226 (Tex.App.-Dallas 1994, no pet.). We cannot conclude that the trial court’s comment was a statement of approval of the State’s argument, disbelief in the defense’s position, or an effort to diminish the credibility of the defense’s approach to the case. Whether the alleged statements were actually made by the police was a question for the jury to resolve. The trial court stated that appellant could testify about “who it was that said it.” The statement that followed, “if it was said,” could have been interpreted as a proper reminder by the trial court to the jury that, it was the jury, not the trial court who would resolve that issue. See Johnson v. State, 23 S.W.3d 1, 7 (Tex.Crim.App.2000) (<HOLDING>). Because we cannot determine that the trial 
 Holding statements: (A) holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses (B) holding the resolution of questions regarding credibility and the weight given to testimony is a function of the family court judge who heard the testimony (C) holding the question of whether an accomplice is credible and the weight to be given to the testimony are issues for the jury to determine (D) holding that the jury is the judge of the weight and credibility given to witness testimony (E) holding that defendants truthfulness and the credibility of and weight to be given expert medical testimony are issues of fact for jury

holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses