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.

Ex Input:
If a statement does not contain any expressly exculpatory material, the Government need not produce that statement to the defense. To hold otherwise would impose an insuperable burden on the Government to determine what facially non-exculpatory evidence might possibly be favorable to the accused by inferential reasoning. We are confident that the Supreme Court did not intend the Brady holding to sweep so broadly. United States v. Comosona, 848 F.2d 1110, 1115 (10th Cir.1988); see also Harris v. Kuba, 486 F.3d 1010, 1016 (7th Cir.2007) {“Brady does not require that police officers or prosecutors explore multiple potential inferences to discern whether evidence that is not favorable to a defendant could become favorable.”); United States v. Marrero, 904 F.2d 251, 261 (5th Cir.1990) (<HOLDING>). The Court finds that just such inferential 
 Holding statements: (A) holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b (B) holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights (C) holding that the burden is on the plaintiff (D) holding that the burden is upon the state under the applicable federal rules of evidence (E) holding that brady does not place any burden upon the government to conduct a defendants investigation or assist in the presentation of the defenses case

Ex Output:
holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b


Ex Input:
two separate legal insufficiency claims. When the party without the burden of proof suffers an unfavorable finding, the challenge is one of “no evidence to support the finding.” See Creative Manufacturing, Inc. v. Unik, 726 S.W.2d 207, 210 (Tex.App.-Fort Worth 1987, writ ref d n.r.e.). Where the party having the burden of proof suffers an unfavorable finding (failure to find), the proper complaint is that the fact was established as “a matter of law.” See Sterner v. Marathon Oil Company, 767 S.W.2d 686, 690 (Tex.1989). Here, Tech filed a verified special denial that it received timely notice. Consequently, Lucero had the burden to plead and secure a finding on notice. See Texas Tech University Health Sciences Center v. Apodaca, 876 S.W.2d 402, 410-11 (Tex.App.-El Paso 1994, writ denied)(<HOLDING>); see also Harrison v. Texas Department of 
 Holding statements: (A) holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice (B) holding that the government need not prove actual notice to the prisoner (C) holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice (D) holding that where the governmental unit filed a verified special denial that it received timely actual notice the plaintiff had the burden to prove and secure a finding on actual notice at trial (E) holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice

Ex Output:
holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice


Ex Input:
States v. Verdunn, 89 F.3d at 802). Although the Debtor disputes whether he is liable on his unsecured debts stemming from the Michigan and Ohio law suits, the issue of whether a debtor is hable for a particular debt is separate from whether that debt is liquidated as of the filing date for purposes of § 109(e). See Slack v. Wilshire Ins. Co. (In re Slack), 187 F.3d 1070, 1074-75 (9th Cir.1999) (“Even if a debtor disputes the existence of liability, if the amount of the debt is calculable with certainty, then it is liquidated for the purposes of § 109(e).”); In re Sylvester, 19 B.R. at 673 (“the fact the claim was disputed was not relevant for purposes of section 109(e), and the fact it was subject to defenses and counterclaims was likewise not relevant”); In re Jordan, 166 B.R. at 202 (<HOLDING>). As the Court in In re Jordan determined, 
 Holding statements: (A) holding that an attempted setoff in response to a debtors postpetition lawsuit was enjoined by  524a2 notwithstanding that acts giving rise to action occurred prepetition (B) holding that legal malpractice claim against chapter 7 debtor arose prepetition when the conduct giving rise to the claim occurred and therefore was subject to the debtors discharge (C) holding disputed claim for misappropriation of funds is noncontingent and liquidated because all events giving rise to liability occurred prepetition and the amount of the debt can be calculated (D) holding that in a dispute between insurer and insured in which the insurer admitted liability hut disputed the amount of damages it was only after entry of a judgment upon that verdict that the claim became liquidated (E) holding that every prepetition debt is discharged subject to the provisions of  523

Ex Output:

holding that an attempted setoff in response to a debtors postpetition lawsuit was enjoined by  524a2 notwithstanding that acts giving rise to action occurred prepetition