instruction:
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.
question:
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
answer:
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


question:
assault conviction. See Ohio Rev.Code § 3319.39(B). Further, Plaintiffs understanding of the nature of the choice he was required to make is demonstrated by the fact that he discussed the choices with his union representatives' — the President and Vice President of his local union and the President of the Central Ohio union — and discussed the choice with a teacher at Ft. Hayes High School. See Harris, 2008 WL 4186316, *8, 2008 U.S. Dist. LEXIS 86385, at *20 (finding that the plaintiff “fully understood the options as he testified that he discussed them with his wife and union steward”). Also, Plaintiff was given a reasonable amount of time to choose between termination and resignation as he was given approximately twenty-four hours in which to decide. See Rhoads, 103 Fed.Appx. at 895 (<HOLDING>); Harris, 2008 WL 4186316, *8, 2008 U.S. Dist. 
 Holding statements: (A) holding that extremely tight handcuffing for nearly fourteen hours that left indentations in plaintiffs arms for over six hours did not amount to excessive force (B) holding that a difference of opinion about the best course of medical treatment does not amount to deliberate indifference (C) holding that a plan administrators decision to deny benefits was arbitrary and capricious even though an attending physician had submitted a form stating the plaintiff could sit for six hours stand for two hours and walk for two hours (D) holding that seven hours was a reasonable amount of time to deliberate meaningfully about the choice (E) holding that delay of several hours after the vehicle was seized was reasonable
answer:
holding that extremely tight handcuffing for nearly fourteen hours that left indentations in plaintiffs arms for over six hours did not amount to excessive force


question:
Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, “automatic.” However, it also suggests that the proper procedure is for the district court expressly to “convert” a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth 
 Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties
answer:

holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them