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: in the public interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). Under the Ninth Circuit’s “sliding scale” approach, however, “serious questions going to the merits and a hardship balance that tips sharply toward the plaintiff can support the issuance of an injunction, assuming the other two elements of the Winter test are also met.” Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1132 (9th Cir. 2011). The “sliding scale” approach allows “district courts to preserve the status quo where difficult legal questions require more deliberate investigation.” Greene v. Wells Fargo Bank, N.A., No. C 15-00048 JSW, 2015 WL 3945996, at *1 (N.D. Cal. June 26, 2015); see also Leiva-Perez v. Holder, 640 F.3d 962, 971 (9th Cir. 2011) (<HOLDING>). IY. Analysis . As a threshold matter, the 
 Holding statements: (A) holding that regardless of other factors as to harms a movants likelihood of success must carry at least a fair chance of success on the merits in order to warrant interim relief internal quotation omitted (B) holding that the standard for permanent injunction is the same as that for preliminary injunction with the one exception being that the plaintiff must show actual success on the merits rather than likelihood of success (C) holding that success on a motion to sever requires a strong showing of prejudice (D) holding that under the sliding scale approach a petitioner had made a sufficiently strong showing of likely success on the merits where he presented a case which raises serious legal questions or has a reasonable probability or fair prospect of success (E) holding that injunctive relief may be warranted where there is a particularly strong likelihood of success on the merits even if there is a relatively slight showing of irreparable injury
Example Output: holding that regardless of other factors as to harms a movants likelihood of success must carry at least a fair chance of success on the merits in order to warrant interim relief internal quotation omitted

Example Input: assault conviction. See Ohio Rev.Code § 3319.39(B). Further, Plaintiffs understanding of the nature of the choice he was required to make is demonstrated by the fact that he discussed the choices with his union representatives' — the President and Vice President of his local union and the President of the Central Ohio union — and discussed the choice with a teacher at Ft. Hayes High School. See Harris, 2008 WL 4186316, *8, 2008 U.S. Dist. LEXIS 86385, at *20 (finding that the plaintiff “fully understood the options as he testified that he discussed them with his wife and union steward”). Also, Plaintiff was given a reasonable amount of time to choose between termination and resignation as he was given approximately twenty-four hours in which to decide. See Rhoads, 103 Fed.Appx. at 895 (<HOLDING>); Harris, 2008 WL 4186316, *8, 2008 U.S. Dist. 
 Holding statements: (A) holding that extremely tight handcuffing for nearly fourteen hours that left indentations in plaintiffs arms for over six hours did not amount to excessive force (B) holding that a difference of opinion about the best course of medical treatment does not amount to deliberate indifference (C) holding that a plan administrators decision to deny benefits was arbitrary and capricious even though an attending physician had submitted a form stating the plaintiff could sit for six hours stand for two hours and walk for two hours (D) holding that seven hours was a reasonable amount of time to deliberate meaningfully about the choice (E) holding that delay of several hours after the vehicle was seized was reasonable
Example Output: holding that extremely tight handcuffing for nearly fourteen hours that left indentations in plaintiffs arms for over six hours did not amount to excessive force

Example Input: 19, 28, 482 N.Y.S.2d 810, 818 (2d Dep’t 1984); Family Court Act § 439(e). Nevertheless, the issues underlying both orders were reviewable on appeal from the state court’s final order dated May 30, 2001. See Matter of Ise-Smith v. Orok-Edem, 296 A.D.2d 414, 414-15, 745 N.Y.S.2d 461, 461 (2d Dep’t 2002). To this extent, it appears that Edem was given a full and fair opportunity to litigate the challenged orders, which suggests that his due process claim is frivolous. We do not, however, reach that issue. Rather, we summarize the state proceedings only to illustrate that Edem’s procedural due process claims are, in fact, inextricably intertwined with the state court’s judgment, and thus, outside our subject matter jurisdiction. See Phifer v. City of New York, 289 F.3d 49, 57 (2d Cir.2002) (<HOLDING>). As we observed in Hoblock v. Albany County 
 Holding statements: (A) holding that this court may not review family court determinations that were decided after providing plaintiff a full and fair opportunity to litigate those issues (B) holding that appellate court may only review issues actually presented to and considered by the trial court (C) holding that representation issues are matters relegated to the board representation issues may not be decided by contract and thus may not be decided by an arbitrator (D) holding that the concept of collateral estoppel cannot apply when the party against whom the earlier decision is asserted did not have a full and fair opportunity to litigate that issue in the earlier case (E) holding that the petitioner who was denied further appellate review by the supreme judicial court had a full and fair opportunity to litigate his fourth amendment claim in the state trial court and appeals court and thus stone precluded federal habeas relief
Example Output:
holding that appellate court may only review issues actually presented to and considered by the trial court