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: subjective, although it is usually proved by inference from the acts of the accused. Thus, intentionally entering or intentionally remaining unlawfully upon the described premises with the intent to commit any crime against a person or property rights constituted burglary, and therefore, it cannot logically be said that specifying the particular crime intended to be committed is, under our statutes, an essential element which must be alleged in order to charge the crime of burglary actual commission of a second underlying offense, in order to sufficiently charge the offense, it is incumbent on the State to allege the essential elements of the underlying offense; identification of the offense by name or statutory reference will not suffice. Cf. Elliott, 77 Hawaii at 312, 884 P.2d at 375 (<HOLDING>). Therefore, we adopt the rule set out in 
 Holding statements: (A) holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number (B) holding that a charge not taken under oath or affirmation is not a valid charge (C) holding that the omission of an element from the jury charge is subject to harmlesserror review (D) holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence (E) holding that statutory references in charge did not cure the omission of essential elements in the challenged counts of the charge
Example Output: holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number

Example Input: in nature and may be waived if not timely raised. Section 1445(c) applies to prohibit the removal of a civil action arising under the workmen’s compensation laws of a state. It does not prohibit federal district court’s from exercising supplemental jurisdiction under § 1367. The state worker compensation statutes themselves may affect the court’s jurisdiction by requiring claims to be filed with an administrative agency. However, such is not the case for claims of retaliatory discharge for exercising rights under Michigan’s WDCA. As noted above, the expeditious and inexpensive procedures found in Michigan’s WDCA are not utilized when an employee alleges retaliatory discharge. Such a claim is treated like any other tort and can be filed in state court. See Delke, 460 N.W.2d at 327-28 (<HOLDING>); see also Lamoria, 584 N.W.2d at 600; Chiles 
 Holding statements: (A) recognizing the tort of retaliatory discharge (B) holding the retaliation claim did arise under states workers compensation laws (C) recognizing retaliatory discharge tort implied by the workers compensation act (D) holding that retaliation claim did not arise under states workers compensation laws (E) holding that the bureau of workers disability compensation did not have jurisdiction to hear retaliation claims and explaining that the michigan legislatures intent was not to create an administrative remedy for retaliatory discharge
Example Output: recognizing the tort of retaliatory discharge

Example Input: unfair prejudice. See United States v. Downing, 297 F.3d 52, 59 (2d Cir.2002). b.Heroin Sales Evidence The district court acted within its discretion in concluding that Serrano’s involvement in four heroin sales between December 2012 and January 2013 was not being offered to prove propensity but, rather, as direct evidence of the 2012 to July 2013 conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin. See United States v. Eppolito, 543 F.3d 25, 47 (2d Cir.2008) (“Where, as here, the indictment contains a conspiracy charge, uncharged acts may be admissible as direct evidence of the conspiracy itself.” (internal quotation marks omitted)). As such, this evidence was highly probative, see United States v. Concepcion, 983 F.2d 369, 392 (2d Cir. 1992) (<HOLDING>), and not unfairly prejudicial so as to 
 Holding statements: (A) recognizing high probative value of act done in furtherance of conspiracy because it is part of the very act charged (B) holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy (C) recognizing requirement that defendant conspired to commit an overt act in state in furtherance of the conspiracy (D) holding that venue is proper in any district where any act in furtherance of the conspiracy took place (E) recognizing high probative value of evidence providing conduct that was part of the very act charged
Example Output:
holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy