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:
in the context of an election case, even in the absence of a class action, and concluding that the case was not moot); Rosario v. Rockefeller, 410 U.S. 752, 756 n. 5, 93 S.Ct. 1245, 36 L.Ed.2d 1 (1973) (concluding that plaintiffs’ class action challenge to New York’s Election Law was capable of repetition yet evading review, although primary election had passed and the petitioners would be eligible to vote in the next primary); Dunn v. Blumstein, 405 U.S. 330, 333 n. 2, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972) (in challenge to a provision of Tennessee’s election law, concluding that, although plaintiff would be eligible to vote in the next election, the controversy was capable of repetition yet evading review); Fulani v. League of Women Voters Educ. Fund, 882 F.2d 621, 628 (2d Cir.1989) (<HOLDING>). We adopt the approach of the former cases, 
 Holding statements: (A) holding that appeal was not moot despite the fact that the election had passed because there would be every reason to expect the same parties to generate a similar future controversy emphasis added (B) holding that although the 1972 election had long since passed the case was not moot because the statute under review would apply to other candidates in the future (C) holding that election case was not moot after election because there is a reasonable expectation that the same complaining parties would be subject to that same action in the future (D) holding that issues as to whether declaratory relief should be granted had become moot and would be dismissed for lack of jurisdiction but that under hallman the entire appeal was not moot because there still was a live controversy as to whether appellee was entitled to recover attorneys fees under the declaratory judgments act and therefore issues regarding attorneys fees were not moot and would be decided (E) holding that plaintiffs claims were not moot although the election was over because the same issues would affect minorparty candidacies in the future but failing to address whether fulani herself would be affected
answer:
holding that appeal was not moot despite the fact that the election had passed because there would be every reason to expect the same parties to generate a similar future controversy emphasis added


question:
this suit ... was a necessary incident to the attorney’s effort to establish [the defendants’ claim].” Id. Unlike Bosurgi, however, the plaintiffs allegations provide no “basis for an inference” that CARCO conferred authority on Steele to receive service. Cf. Santos v. State Farm Fire and Casualty Co., 902 F.2d 1092,1094 (2d Cir.1990) (noting that service on defendant State Farm’s attorneys was improper where the plaintiff offered “no basis for an inference that State Farm had authorized its attorneys to accept service of process”). Accordingly, the court determines that the plaintiff has not shown that Steel was an agent of CARCO for service and that the plaintiffs service on CARCO was therefore deficient. United States v. Ziegler Bolt and Parts Co., Ill F.3d 878, 881 (Fed.Cir.1997) (<HOLDING>); J. and L. Parking Corp. Inc. v. United 
 Holding statements: (A) holding that even where an attorney exercises broad powers to represent a client in litigation these powers of representation alone do not create a specific authority to receive service (B) recognizing a state agencys powers are limited to 1 (C) recognizing separation of powers doctrine (D) holding that states grant of general corporate powers to hospital authorities does not include permission to use those powers anticompetitively (E) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client
answer:
recognizing a state agencys powers are limited to 1


question:
have contributed to [Petitioner’s] conviction,” Sawyer, 88 Hawai'i at 329 n. 6, 966 P.2d at 641 n. 6 (emphases added), for attempted murder in the second degree as opposed to attempted EMED manslaughter. The misconstruction of the law and the lack of curative instruction bore directly on Petitioner’s EMED defense. Hence, the reasonable “possibility” that the error “might” have contributed to Petitioner’s conviction for attempted murder rather than attempted EMED manslaughter was plainly established. Id. However, because it cannot be said that the prosecutor’s conduct was so egregious that viewed under an objective standpoint, Petitioner was denied his or her right to a fair trial, reprosecution is not barred under the double jeopardy clause. Rogan, 91 Hawai'i at 423, 984 P.2d at 1249 (<HOLDING>) (emphasis added). XI. Respondent cites to 
 Holding statements: (A) holding that beyond reasonable doubt standard not required in termination cases (B) holding that proof of a criminal charge beyond a reasonable doubt is required by the constitution (C) holding that appellant was deprived of a fair trial where the jury was instructed in such a way that it was not required to find at least two elements of the offense of capital murder to be proven beyond a reasonable doubt (D) holding that appellate court should review error in trial procedure to determine if it was harmless beyond a reasonable doubt (E) holding that reprosecution is barred where in the face of egregious prosecutorial misconduct it cannot be said beyond a reasonable doubt that the defendant received a fair trial
answer:

holding that beyond reasonable doubt standard not required in termination cases