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.
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Question: (9th Cir.1954) (concluding that expert opinions did not support jury verdict, in part because "[o]pinion evidence is only as good as the facts upon which it is based” and record did not support opinions). Here, for the reasons stated, the record demonstrates that the officers' percep tion of an immediate threat — whether correct or not — was clearly reasonable and therefore that their initial use of deadly force was justified. 9 . The situation Appellants faced here — having to determine in a split-second whether a suspect is using his vehicle as a weapon — is analogous to the scenario of an officer forced to make a split-second decision as to whether to use deadly force against a suspect who he believes has a firearm. See, e.g., McLenagan v. Karnes, 27 F.3d 1002, 1007 (4th Cir. 1994) (<HOLDING>); Slattery v. Rizzo, 939 F.2d 213, 215-17 (4th 
 Holding statements: (A) holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something (B) holding officer may search vehicle for weapons if officer has reasonable belief based on articulable facts that officer or another may be in danger (C) holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon (D) holding that use of deadly force was justified against a suspect when officer forced to make a splitsecond decision relied on his reasonable belief that another officer had seen a gun in the suspects hands even though the suspects hands were handcuffed in front of him and the defendant officer never saw a weapon (E) holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station

Answer: holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something


Question: 2009) (citations omitted) (quoting Impresa Construzioni Geom. Domenico Garufi, 238 F.3d at 1332-33); accord Advanced Data Concepts, Inc. v. United States, 216 F.3d 1054, 1058 (Fed. Cir. 2000) (“The arbitrary and capricious standard ... requires a reviewing court to sustain an agency action evincing rational reasoning and consideration of relevant factors.”); see also Citizens to Preserve Overton Park, Inc., 401 U.S. at 416, 91 S.Ct. 814 (“The court is not empowered to substitute its judgment for that of the agency.”). In addition to showing “a significant error in the procurement process,” a protestor must show “that the error prejudiced it.” Data Gen. Corp. v. Johnson, 78 F.3d 1556, 1562 (Fed. Cir. 1996); see also Bannum, Inc. v. United States, 404 F.3d 1346, 1351 (Fed. Cir. 2005) (<HOLDING>). “To establish prejudice ..., a protester must 
 Holding statements: (A) holding that a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure (B) holding that if the procuring agencys decision lacked a rational basis or was made in violation of the applicable statutes regulations or procedures the court must then determine as a factual matter if the bid protester was prejudiced by that conduct (C) holding a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 if the procurement procedure involved a violation of regulation or procedure (D) holding that a protester must show that the governments error in a bid evaluation was so significant that the government had no reasonable basis for its best value determination (E) holding that in bid protest cases  a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure 

Answer: holding that a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure


Question: entitlement claims. The VA’s new rule had the effect of reinterpreting § 1318 to prohibit hypothetical entitlement claims. See Tarver, 1373-74. In Rodriguez and Tarver, we applied the three-part test outlined in Princess Cruises to determine that § 3.22 could be applied retroactively to bar § 1318 claims based on a hypothetical entitlement theory. See Rodriguez, 511 F.3d at 1156 (finding that all three Princess Cruises factors weighed in favor of retroactive application of § 3.22, as amended in 2000, to claims for DIC benefits filed by survivors before the amendment took effect); Tarver, 557 F.3d at 1374-77 (finding that retroactive application of § 3.22 was permissible in a case “distinguishable from Rodriguez only . v. Sec’y of Veterans Affairs, 260 F.3d 1365, 1370 (Fed.Cir.2001) (<HOLDING>). Ms. Kernea argues that because § 3.10(f)(3), 
 Holding statements: (A) recognizing hixs holding that hypothetical entitlement claims were permitted under  1311a2 (B) holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the fda (C) recognizing hardship where plaintiff alleged it was being deprived of statutory entitlement (D) holding the state law claims were not preempted (E) holding that the husbands failure to argue his entitlement to attorneys fees under a prenuptial agreement at a hearing held on the issue of entitlement to attorneys fees constituted an abandonment of that claim

Answer:
holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the fda