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:
the common level ratio. The Board may hold a hearing to consider the objections, but it may also decide the objections have merit and adjust its calculations. If not satisfied with the outcome of the hearing, the taxpayer may “appeal de novo such ratio determination to the Commonwealth Court.” Id. It has long been established that “[wjhere a remedy is provided by an act of assembly, the directions of the legislation must be strictly pursued and such remedy is exclusive.” Lurie v. Republican Alliance, 412 Pa. 61, 63, 192 A.2d 367, 369 (1963). This Court has explained that “where a statutory remedy exists, it is exclusive unless the jurisdiction of the courts is preserved thereby.” Lashe v. Northern York County School District, 52 Pa.Cmwlth. 541, 417 A.2d 260, 264 (1980) (emphasis added) (<HOLDING>). Where the statutory remedy is an 
 Holding statements: (A) holding that a district of columbia consumer protection statute that authorized representative actions and did not reference class action requirements or mandate class certification was a separate and distinct procedural vehicle from a class action and thus did not constitute a class action under cafa (B) holding that a litigant could not avoid the procedure prescribed by statute in favor of a class action in equity (C) holding that the right of all putative members of a proposed class in an action filed pursuant to kansass class action rule of civil procedure to file a separate action is preserved pending the determination of whether the initial case shall be maintained as a class action (D) recognizing cause of action by class member against class counsel for negligence in providing notice (E) holding that district court in making class certification decision should avoid focusing on merits of underlying class action

Ex Output:
holding that a district of columbia consumer protection statute that authorized representative actions and did not reference class action requirements or mandate class certification was a separate and distinct procedural vehicle from a class action and thus did not constitute a class action under cafa


Ex Input:
to survive. See Plaintiffs’ Brief, 9-10 citing Phillips, 515 F.3d at 233 (explaining that Rule 8(a)(2) general notice pleadings standard remains intact after Twombly) Because this question goes to the very heart of the matter, it must be addressed first. To recapitulate, this Court’s April 2007 Opinion weighed the sufficiency of the “enterprise” allegations in accordance with the Third Circuit’s ruling in Seville Indus. Mach. Corp. v. Southmost Mach. Corp., 742 F.2d 786 (3d Cir.1984). See 365 B.R. at 548. Seville stated that nothing more than general notice pleading was required for pleading a RICO enterprise. Seville relied, implicitly, on the long-standing rule regarding notice pleading first enunciated in Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101, 2 L.Ed.2d 80 (1957) (<HOLDING>) But two months after this Court’s April 2007 
 Holding statements: (A) holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief  (B) holding that a pro se complaint  should not be dismissed unless it appears that the plaintiff can prove no set of facts which would entitle him to relief (C) holding that dismissal is proper only if it appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief (D) holding that a complaint will not be dismissed unless it appear beyond doubt that the plaintiff can prove no set of facts in support of his claim (E) recognizing the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief

Ex Output:
holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief 


Ex Input:
as dictum, we are obligated “ ‘to accord great deference to Supreme Court dicta,’ absent a change in the legal landscape.” Newdow v. Peterson, 753 F.3d 105, 108 n.3 (2d Cir. 2014) (quoting United States v. Colasuonno, 697 F.3d 164, 179 (2d Cir. 2012)). Harris has demonstrated no such change, and certainly none warranting a plain error conclusion. See United States v. Wagner-Dano, 679 F.3d 83, 94 (2d Cir. 2012) (“‘The burden of establishing entitlement to relief for plain error is on the defendant claiming it.’ ” (brackets omitted) (quoting United States v. Dominguez Benitez, 542 U.S. 74, 82, 124 S.Ct. 2333, 159 L.Ed.2d 157 (2004))). If anything, the post-Johnson landscape in this circuit suggests the contrary. See, e.g., United States v. Parisi, 821 F.3d 343, 347-48 (2d Cir. 2016) (<HOLDING>); United States v. Vargas, 564 F.3d 618, 623-24 
 Holding statements: (A) holding that change of circumstances is not prerequisite to additional   3583e2 modification (B) recognizing that injury is a prerequisite to liability (C) holding that a coa is a jurisdictional prerequisite (D) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (E) holding that a custodial parents move to a foreign state without more is not a substantial change of circumstances that would support a modification of custody

Ex Output:

recognizing that injury is a prerequisite to liability