TASK DEFINITION: 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.
PROBLEM: the justifiable use of deadly force to specific circumstances, such as when the actor “reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.” Id. § 776.012(1). As discussed at length above, Lieutenant Weippert’s conduct was objectively reasonable and he had probable cause to believe that Mr. Penley posed a threat of great bodily harm to the lieutenant and others. Even when viewed in the light most favorable to the Penleys, the evidence reveals no genuine issues of material fact as to whether Lieutenant Weippert’s use of force was reasonably necessary. Under Florida law, Lieutenant Weippert had no duty to retreat and his use of force was justifiable. See State v. Rivera, 719 So.2d 335, 337-38 (Fla. 5th DCA 1998) (<HOLDING>); see also Davis v. Williams, 451 F.3d 759, 768 
 Holding statements: (A) holding that instruction on use of deadly force was required where complainant was armed with a coke bottle (B) holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded (C) holding that after being chased by a carfull of angry men it would have been reasonable for mr rivera a private citizen to believe that deadly force was necessary even if only a single unarmed pursuer had approached his nowstopped car because the pursuer and his friends had already threatened riveras life and the lives of other innocent people by engaging in a highspeed chase and throwing deadly missiles namely a bottle of soda and a can of tuna (D) holding that apprehension by the use of deadly force is a seizure (E) holding that instruction on use of deadly force was required where appellant was aware of the decedents violent history decedent had a gun in his car and appellant used force only after decedent had made an attempt to approach his car

SOLUTION: holding that instruction on use of deadly force was required where complainant was armed with a coke bottle

PROBLEM: judicial review of an arbitration award. See UHC Management Co., 148 F.3d at 998 (“ “We may not set an award aside simply because ... the arbitrators erred in interpreting the law or in determining the facts.’ ”) (quoting Stroh Container Co., 783 F.2d at 751). This third challenge is nonetheless partially cognizable, but only to the extent it can be read as an assertion that there was evident partiality or corruption in the arbitrators, a statutory ground under 9 U.S.C. § 10(a)(2), as a claim of misconduct by the arbitrators in refusing to hear evidence or to provide a reasonable opportunity to present evidence, another statutory ground under 9 U.S.C. § 10(a)(3), or as an extra-statutory challenge to the “fundamental fairness” of the proceedings. See P & P Indus., Inc., 179 F.3d at 870 (<HOLDING>). Hoffman’s fourth challenge is to the denial 
 Holding statements: (A) recognizing such a ground for judicial review of arbitration awards in this circuit (B) holding right to be fundamental (C) holding that section 34810 is an adequate and independent state ground (D) recognizing plain or fundamental error (E) recognizing review for fundamental unfairness of the proceedings as an independent extrastatutory ground

SOLUTION: recognizing such a ground for judicial review of arbitration awards in this circuit

PROBLEM: defenses listed in Rule 12 because of the absence in Rule 12 of any reference to either a general or special appearance and the express provisions in subdivision (b) to the effect that every defense may be made either in the responsive pleading or by motion, and that no defense or objection is waived by being joined with any other defense or objection in a responsive pleading or a motion. 5A Wright & Miller at 168 (footnotes omitted). The defense of lack of jurisdiction over the person may be joined with the other defenses in Rule 12(b) since under the express language of Rule 12(b), “ ‘no defense’ [in Rule 12(b)] is waived by being joined with one or more other defenses in a responsive ... motion.” See Housing Auth. of City of Atlanta, Ga. v. Millwood, 472 F.2d 268, 272 (5th Cir.1973) (<HOLDING>). Hence, a jurisdictional defense is not waived 
 Holding statements: (A) holding that actual notice of lawsuit is no substitute for substantial compliance with frcp 4d1 requiring service on person of defendant on suitable resident at defendants dwelling or on defendants agent a  judgment entered by a court which lacks jurisdiction over the person of the defendant is void and may be set aside at any time pursuant to fedrcivp 60b4 personal jurisdiction is established either by proper service of process or by the defendants waiver of any defect in the service of process (B) holding that a defendant waives the defense of insufficient service of process despite asserting the defense by answer by affirmatively invoking the jurisdiction of the district court to obtain partial summary judgment without earlier or simultaneously moving to dismiss the complaint for insufficient service of process (C) holding such service satisfies due process (D) holding that defects in service of process must be raised in preliminary objections (E) holding that a party no longer needs to appear specially to protest the courts jurisdiction or question the sufficiency of process or service of process because under frcp rule 12 all such objections are assertable in an answer or motion to dismiss

SOLUTION:
holding that actual notice of lawsuit is no substitute for substantial compliance with frcp 4d1 requiring service on person of defendant on suitable resident at defendants dwelling or on defendants agent a  judgment entered by a court which lacks jurisdiction over the person of the defendant is void and may be set aside at any time pursuant to fedrcivp 60b4 personal jurisdiction is established either by proper service of process or by the defendants waiver of any defect in the service of process