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: to warrant such a delay. See id. Moreover, despite his argument to the contrary, Staler did not demonstrate that his criminal trial was invalid due to a fundamental error. See Stoneman, 870 F.2d at 106. Stuler was indicted and convicted for violating 26 U.S.C. § 7208. See United States v. McKee, 506 F.3d 225, 244 (3d Cir.2007) (noting the elements of 26 U.S.C. § 7203 include that the defendant: (1) was required to file the tax returns; (2) failed to file them; and (3) acted willfully). Stuler’s invocation of a host of unrelated statutes and regulations does not alter the fact that “importing” is not an element of a § 7203 charge. He has therefore failed to satisfy his burden of establishing a funda-' mental error. See United States v. Cariola, 323 F.2d 180, 184 (3d Cir.1963) (<HOLDING>). Because Stuler showed neither that any 
 Holding statements: (A) holding that any proceeding which is challenged by the writ is presumed to be correct and the burden rests on its assailant to show otherwise (B) recognizing that an agencys decision to terminate an employee is presumed correct (C) holding that the burden is on the plaintiff (D) holding that an exercise by the state of its police power is presumed to be valid when it is challenged under the due process clause of the fourteenth amendment (E) holding that the burden is on the defendant when the validity of the warrant is challenged

Answer: recognizing that an agencys decision to terminate an employee is presumed correct


Question: by jury is a fundamental guaranty of the rights and liberties of the people. C Prudential that the right to trial by jury is a constitutional right means that the starting point of our analysis is a presumption against the waiver of this constitutional right. See, e.g., Aetna Ins. Co., 301 U.S. at 393, 57 S.Ct. at 811-12; In re Prudential, 148 S.W.3d at 132 (giving right to trial by jury “same protections as other constitutional rights”); accord Ex parte Cupps, 782 So.2d 772, 775 (Ala.2000) (construing scope of contractual jury waiver strictly and narrowly “in deference to the constitutional guarantee of the right to a jury trial”); see also Note, 58 Baylor L.Rev. at 259. But see Lowe Enters. Residential Partners, L.P. v. Eighth Judicial Dist. Ct., 118 Nev. 92, 40 P.3d 405, 410 (2002) (<HOLDING>). Despite the existence of a presumption 
 Holding statements: (A) holding that prospective waivers of claims are void as against public policy (B) holding that the government was not bound by its waivers in three prior contracts (C) holding that german law presumptively confers joint custody upon both parents until a court enters a contrary order (D) holding  without reference to supreme court case law to the contrary  that in nevada contractual jury waivers are presumptively valid (E) holding appellate waivers are enforceable if invoked by the government

Answer: holding that prospective waivers of claims are void as against public policy


Question: plea for law enforcement. Richardson v. State, 879 S.W.2d 874, 881 (Tex.Crim.App.1993); Sanders v. State, 787 S.W.2d 435, 441 (Tex.App.-Houston [1st Dist.] 1990, pet. ref'd). The State’s comments did not go outside the record, nor was it an improper plea for law enforcement. The appellant had been convicted of violently stabbing his father six times in the chest. The appellant’s sister Cheryl testified to threats the appellant had made to her before the murder, and on several occasions he lunged toward her in anger, making her believe he would hit her. Asking the jury what the appellant might do next if he was not sent to prison for a considerable time was not outside the bounds of permissible jury argument. See Murray v. State, 861 S.W.2d 47, 55 (Tex.App.-Texarkana 1993, pet. ref'd) (<HOLDING>). We overrule point of error four. We affirm 
 Holding statements: (A) holding that the defendant was entitled to have his plea accepted absent a sound reason for rejecting the plea (B) holding that under the circumstances of that case an argument made for the first time in a motion for rehearing was waived (C) holding that the good faith requirement of the whistleblower statute was not met where the purpose of the employee at the time of the making of reports was not to protect the public but to protect the jobs of himself and his coworkers (D) holding the states argument that the best way to protect the community was to give the defendant substantial time in prison was a proper plea for law enforcement (E) holding states argument was proper deduction from evidence

Answer:
holding that the defendant was entitled to have his plea accepted absent a sound reason for rejecting the plea