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:
alleged prejudice stems from the unavailability of witnesses, the Fourth Circuit explained in Jones what type of evidence is typically required: “[Cjourts have generally required that the defendant identify the witness he would have called; demonstrate, with specificity, the expected content of that witness’ testimony; establish to the court’s satisfaction that he has made serious attempts to locate the witness; and, finally, show that the information the witness would have provided was not available from other sources.” 94 F.3d at 908; see also U.S. v. Cornielle, 171 F.3d 748, 752 (2nd Cir.1999) (recognizing that actual prejudice “is commonly demonstrated by the loss of documentary evidence or the unavailability of a key witness”); U.S. v. Scoggins, 992 F.2d 164, 167 (8th Cir.1993) (<HOLDING>); Sabath, 990 F.Supp. at 1014 (finding 
 Holding statements: (A) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (B) holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources (C) holding that defendant is under an obligation to give the government notice of an alibi witness even if defendant is unable to locate the witness (D) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (E) holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary
answer:
holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case


question:
matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any 
 Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter
answer:
recognizing that endorsement would prevail if inconsistent with policy provisions


question:
intent of exercising dominion and control over the person. See DeShaney 489 U.S. at 200, 109 S.Ct. 998 (explaining the State’s affirmative duty to protect arises from the limitation it imposes on the freedom to act); see also id. at 206, 109 S.Ct. 998 (Brennan J., dissenting) (“[T]o the Court, the only fact that seems to count as an ‘affirmative act of restraining an individual’s freedom to act on his own behalf is direct physical control.”). The complaint’s allegations do not satisfy this demanding standard. Apart from the fact that the complaint does not allege the special relationship upon which the custody inquiry depends, Defendants did not restrain decedent’s liberty or freedom to act through a show of force or authority. See Ye v. United States, 484 F.3d 634, 641 (3d Cir.2007) (<HOLDING>). Defendants did not force decedent against his 
 Holding statements: (A) holding that a doctors report that merely repeats a patients assertions about her level of pain and ability to sleep stand and walk is not objective medical evidence (B) holding that period of limitations on a patients negligence cause of action began to run when the patient knew or had reason to know about the foreign object left in her body (C) holding that doctors do not have to accept patients (D) holding a doctors assurances that his patient had nothing to worry about and was fine did not constitute a restraint of liberty regardless of the patients reliance on those assurances to forego medical assistance (E) holding that a patients settlement of a prior action brought against him by doctors for payment of a bill did not bar medical malpractice action against doctors
answer:

holding that a doctors report that merely repeats a patients assertions about her level of pain and ability to sleep stand and walk is not objective medical evidence