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.

Example Input: states that a lack of due diligence should not prevent a party from presenting the new evidence. See Restatement (Second) of Judgments § 29 cmt. j (1982); see also Barker v. Brinegar, 346 N.J.Super. 558, 788 A.2d 834, 840 (2002) (“[T]he judge may consider diligence, or lack of diligence, ... [but] a lack of diligence does not require invocation of collateral estoppel particularly where, as here, plaintiff attempted to obtain Dr. Matthew’s evaluation prior to the arbitration proceeding.”). But see Klein v. Comm’r, 880 F.2d 260, 263 (10th Cir.1989) (“A party may not assert a change in controlling facts when the facts allegedly showing a change in circumstances could have been discovered in the exercise of due diligence.”); Calcutt v. Comm’r, 91 T.C. 14, 25, 1988 WL 71262 (1988) (<HOLDING>). Having concluded that the fairness 
 Holding statements: (A) holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial (B) holding that evidence which by due diligence could have been produced in the first proceeding is considered to have been available at the first proceeding and therefore will not preclude the application of collateral estoppel (C) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (D) holding that a workers compensation proceeding is a legal proceeding (E) holding that the party against whom collateral estoppel is asserted must have been a party to the prior action
Example Output: holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial

Example Input: from California. A Michigan federal magistrate judge ordered his return to California. The following day, a criminal complaint based on the September 1995 heroin sales was filed against Jackson. Jackson was never served, did not appear, and the government subsequently dismissed the complaint without prejudice on November 20,1996. On January 6, 1998, Jackson was indicted for distribution of herom in the September 1995 transactions. Jackson eventually was returned to Michigan in November 1998, appeared before a magistrate judge on November 24, 1998, and was arraigned on December 1,1998. Trial was originally scheduled for March 25, 1999. On March 22, 1999, Jackson’s counsel, Stephen Rabaut, moved to dismiss the mdictment based on United States v. Ovalle, 136 F.3d 1092 (6th Cir.1998) (<HOLDING>). The district court dismissed the indictment 
 Holding statements: (A) holding that eastern michigans federal grand jury system violated equal protection (B) holding transfer rule did not violate federal equal protection (C) holding that the state law violated equal protection principles (D) holding complaint that sentence violated equal protection was waived because of failure to object at trial (E) holding that doctrine does not violate equal protection
Example Output: holding transfer rule did not violate federal equal protection

Example Input: so or how you do so will be up to you. You will have also some exhibits which will go back as well. If you think it’s helpful in your deliberations to review and peruse the exhibits, they will be available to you throughout the course of deliberations. Whether you use them or how you use them again will be up to you. I will arrange with the deputy to have some food and drinks served to you. Whether you partake of that or not and how you work with your deliberations will be up to you. It’s perfectly [sic] to eat and deliberate at the same time.” Mindful of the forfeiture considerations discussed herein, our earlier observations must be modified given the practical considerations of objecting to a judge’s comments to the jury. See People v. Sprinkle, 27 Ill. 2d 398, 189 N.E.2d 295 (1963) (<HOLDING>); People v. Sims, 192 Ill. 2d 592, 736 N.E.2d 
 Holding statements: (A) holding that a party waived its objections on appeal to an affidavit presented in support of a motion for summary judgment by failing to raise its objections to the trial court (B) recognizing the practical difficulties of contemporaneous objections to a trial judges conduct (C) holding that contemporaneous objections were required to preserve for appeal improper comments on defendants right to remain silent (D) recognizing states duty to preserve relevant evidence where practical (E) holding that issue is preserved if the objections at the trial were sufficiently specific to notify the trial court at the time of the nature and character of the objections and the reasons for them
Example Output:
holding that a party waived its objections on appeal to an affidavit presented in support of a motion for summary judgment by failing to raise its objections to the trial court