TASK DEFINITION: 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.
PROBLEM: where he admitted that other Dunkin’ Donuts shops do sell soft drinks such as milk, juice or soda. See Trpko Taseski Depo., attached as Exh. 3B to plaintiffs motion, p. 61. Defendants’ only response to plaintiffs argument regarding the inapplicability of the rider are these two brief sentences: “Plaintiffs cases are inappositive. The controlling principle of law is that money paid under a mistake of fact can be recouped in an action assumpsit.” However, defendants’ claim of a “mistake of fact” is unsupported by the record. To the contrary, the facts presented confirm that no mistake was made because defendants’ were correct in voluntarily paying fees on the sales of such products. There is therefore no ground for an actio ranchise Guide (CCH) ¶ 11,290 (S.D.Fla. Oct. 30, 1997) (<HOLDING>). Defendants argue that the Michigan Franchise 
 Holding statements: (A) holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure (B) holding that although a reason was provided in the termination letter the without cause termination provision was applicable (C) holding that franchisees tax evasion scheme provided cause for termination (D) holding that franchisees illegal sale of cigarettes to minors provided cause for termination (E) holding that traditional commercial contract provided for termination at will under arkansas law

SOLUTION: holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure

PROBLEM: witness testifying against him was in custody). This right is not subject to the trial court’s discretion; however, the court may preclude repetitive or unduly harassing interrogation. Ramey,. 152 Ill. 2d at 67-68; Triplett, 108 Ill. 2d at 475. Thus: “[A] defendant need not show interest or motive in that any promises of leniency have, in fact, been made to the witness by the State or that any expectations of special favor exist in the mind of the witness, before cross-examining a witness as to possible bias. Further, the defense is entitled to inquire into such promises or expectations whether they are based on fact or are simply imaginary.” Ramey, 152 Ill. 2d at 67-68, citing Triplett, 108 Ill. 2d at 475-76. See also People v. Tomes, 284 Ill. App. 3d 514, 520, 672 N.E.2d 289 (1996) (<HOLDING>). “To this end a defendant has the right to 
 Holding statements: (A) recognizing that extensive crossexamination of the witness alone is not enough if the crossexamination permitted did not include questions on the issue constitutionally required (B) recognizing that criminal defendants right to testify is subject to crossexamination (C) holding that limitation on scope and breadth of crossexamination did not significantly curtail effectiveness of witness crossexamination because crossexamination was lengthy and extensive (D) holding it is well established that crossexamination to show that a witness might be vulnerable to pressure whether real or imagined from the state regarding a pending charge is a matter of right (E) holding that the constitutional right to crossexamination must be satisfied first before the court can exercise its discretion in limiting the scope or extent of crossexamination

SOLUTION: recognizing that extensive crossexamination of the witness alone is not enough if the crossexamination permitted did not include questions on the issue constitutionally required

PROBLEM: does not contain evidence of other exigent circumstances compelling the officers to use a greater than usual amount of force against him. Kyles was tased five times in a short time span, causing him to lose control of his muscles, spasm involuntarily, and beg for the tasing to stop. Id. ¶ 6-8. While Kyles was not pregnant, the plaintiffs pregnancy in Brooks does not appear to be a dispositive factor in the court’s analysis. Moreover, according to Kyles’s testimony, unlike the plaintiff in Brooks, he was not in any way resisting when the allegedly excessive .force was used against him. Kyles Depo. ¶ 4. Finally, if Kyles’s version of events is proven at trial, a juror could reasonably conclude that the deployment of Xena violated clearly established law. See Watkins, 145 F.3d at 1093 (<HOLDING>); Mendoza v. Block, 27 F.3d 1357, 1362 (9th 
 Holding statements: (A) holding that deputies use of a police dog is subject to excessive force analysis (B) holding in case where po lice dog bit plaintiff for approximately fifteen seconds in officers presence that excessive duration of the bite and improper encouragement of a continuation of the attack by officers could constitute excessive force (C) holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim (D) holding that in excessive force cases the threshold question for the court is whether the officers conduct violated a clearly established constitutional right (E) holding that in 1998 the law was clearly established that excessive duration of a police dog bite and improper encouragement of a continuation of the attack by officers could constitute excessive force

SOLUTION:
holding that deputies use of a police dog is subject to excessive force analysis