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:
with a total of 8.3 grams of cocaine in them was consistent with both an intent to sell and with personal use. Id. at 631. We noted that the police did not find any money or drug paraphernalia on the defendant and there were “no other facts which would suggest an intent to sell.” Id. The packaging and weight of the drugs in this case is similar to that in Valentin, giving rise to similar conclusions about Alleyne’s intent. The state attempts to distinguish Valentin in two ways. First, there was no money found on Valentin, while Alleyne had $36 in his pocket and another $20 found in the paper bag with the marijuana. However, neither the amount of money found, nor the denominations of it were inconsistent with personal use. See Williams v. State, 569 So.2d 1376, 1377 (Fla. 2d DCA 1990) (<HOLDING>). Second, while the arresting officer in 
 Holding statements: (A) recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell (B) holding no unfair prejudice from admission of conviction for possession of 50 to 200 pounds of marijuana with intent to distribute as evidence of intent to distribute cocaine (C) holding that evidence was sufficient to sustain conviction of front seat passenger of possession with intent to distribute marijuana in paper bag in foot well of volkswagen on passengers side near gearshift in presence of marijuana smoke (D) holding that evidence consisting of 10 pieces of cocaine marijuana rolling paper 72 and a weapon was not sufficient to prove intent to sell (E) holding that there was sufficient evidence of intent to sell or deliver where the defendant was in possession of one large cocaine rock and eight smaller rocks

Ex Output:
recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell


Ex Input:
by jury is a fundamental guaranty of the rights and liberties of the people. C Prudential that the right to trial by jury is a constitutional right means that the starting point of our analysis is a presumption against the waiver of this constitutional right. See, e.g., Aetna Ins. Co., 301 U.S. at 393, 57 S.Ct. at 811-12; In re Prudential, 148 S.W.3d at 132 (giving right to trial by jury “same protections as other constitutional rights”); accord Ex parte Cupps, 782 So.2d 772, 775 (Ala.2000) (construing scope of contractual jury waiver strictly and narrowly “in deference to the constitutional guarantee of the right to a jury trial”); see also Note, 58 Baylor L.Rev. at 259. But see Lowe Enters. Residential Partners, L.P. v. Eighth Judicial Dist. Ct., 118 Nev. 92, 40 P.3d 405, 410 (2002) (<HOLDING>). Despite the existence of a presumption 
 Holding statements: (A) holding that prospective waivers of claims are void as against public policy (B) holding that the government was not bound by its waivers in three prior contracts (C) holding that german law presumptively confers joint custody upon both parents until a court enters a contrary order (D) holding  without reference to supreme court case law to the contrary  that in nevada contractual jury waivers are presumptively valid (E) holding appellate waivers are enforceable if invoked by the government

Ex Output:
holding that prospective waivers of claims are void as against public policy


Ex Input:
court had not resolved, on the merits, whether LaConsay and Wetzel were entitled to recover litigation expenses in the condemnation action. Upon dismissal of their October 2006 appeals, LaConsay and Wetzel properly returned to the probate court for a ruling on their still pending motions for litigation expenses. The probate court subsequently ruled upon those pending motions, awarding litigation expenses to LaConsay and Wetzel. Langley appealed that award to the circuit court, and LaConsay and Wet-zel cross-appealed; those second appeals were timely and properly filed. See § 18-1A-283, AIa.Code 1975 (allowing parties to a condemnation action in the probate court 30 days in which to appeal to the circuit court for a de novo trial). See also Holman v. Bane, 698 So.2d 117, 120 (Ala.1997) (<HOLDING>); and Paulk v. McCarty, 855 So.2d 1123 
 Holding statements: (A) recognizing that an appeal filed within 30 days of the entry of an order awarding attorney fees was timely filed as to the issue of attorney fees (B) holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case (C) holding that correct way to perfect claim for attorney fees under  285 is through compliance with fedrcivp 54d2b which requires motions for attorney fees to be filed no later than 14 days after entry of judgment (D) holding that bank was entitled to attorney fees on appeal when agreement did not prohibit such fees (E) holding that the court lacked jurisdiction to consider the appeal because it was filed before the final order awarding attorneys fees

Ex Output:

holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case