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:
718. Under Texas law, a person may engage in the practice of engineering, architecture, or landscape architecture if he is licensed in those professions. See Tex.Rev.Civ. Stat. art. 3271a, § 1.2 (Vernon Supp.1999) (engineering); Tex.Rev.Civ. Stat. art.249a, § 1 (Vernon Supp.1999) (architecture); Tex.Rev.Civ. Stat. art. 249c, § 5(a) (Vernon Supp.1999) (landscape architecture). The State complains Henry was allowed to testified as to matters requiring expertise in surveying, engineering, architecture, and landscape architecture even though he is not licensed in any of those professions. Therefore, because Henry is not licensed, he was not qualified to testify as an expert. See Prellwitz v. Cromwell, Truemper, Levy, Parker & Woodsmale, 802 S.W.2d 316, 318 (Tex.App.-Dallas 1990, no writ) (<HOLDING>); but see Southland Lloyd’s Ins. Co. v. 
 Holding statements: (A) holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury (B) holding that a witness who will be giving opinion evidence about a propertys fair market value must be disclosed and designated as an expert pursuant to discovery and other applicable rules (C) recognizing that a licensed chiropractor is a health care provider competent to testify as a medical expert (D) holding that where a treating doctor is called to give an expert opinion on the standard of care that doctor is properly labeled an expert witness and must be disclosed to the other party along with other experts (E) holding that witness giving expert opinion regarding stan dard of care for particular licensed profession must hold license for same profession

Ex Output:
holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury


Ex Input:
was safe to operate, afforded discretion to the FAA to “make its own findings” whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. § 385.17(f) is not a “check list.” J.A. at 105. It leaves it to the FMCSA to determine whether a carrier’s submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency’s “implementation of a mechanism for compliance review” and necessarily require “balancing the objectives sought to be obtained against such practical considerations as staffing and funding,” constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R. § 
 Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision 

Ex Output:
recognizing a discretionary function exception to that waiver


Ex Input:
that a “civil cause of action in chancery court” includes the right to a jury trial on issues of fact. Tennessee Code Annotated section 21 — 1— 103 provides: Either paHy to a suit in chancery is entitled, upon application, to a jury to try and determine any material fact in dispute, save in cases involving complicated accounting, as to such accounting, and those elsewhere excepted by law or by provisions of this Code, and all the issues of fact in any proper cases shall be submitted to one (1) jury. Tenn.Code Ann. § 21-1-103 (2009) (emphasis added). This statute has long been understood as affording a broad right to trial by jury in chancery court, even when the statute creating the cause of action does not otherwise expressly provide such a right. See Anderson, 676 S.W.2d at 336-37 (<HOLDING>); State ex rel. Wolfenbarger v. Moore, No. 
 Holding statements: (A) recognizing the right to waive a jury trial (B) holding that party did not waive right to trial by jury by requesting directed verdict (C) holding that for an act to be inconsistent with the right to arbitrate and thus constitute a waiver of that right it must repudiate the right of the party who does the act (D) holding that section 211103 grants a party to an action under the open meetings act the right to trial by jury (E) holding that section 211103 grants plaintiffs in an ouster suit the right to trial by jury

Ex Output:

recognizing the right to waive a jury trial