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:
the defendants conceded that, as a general rule, homogenous precinct analysis may be more reliable than ecological regression, we cannot say that the district court clearly erred in accepting Mag-giotto's numbers and treating the election as arguably split-preference. 5 . The defendants also argue that, even if there is a statutory violation, Section 2 should not be enforced because it is unconstitutional under the Equal Protection Clause, principles of federalism, and' the "congruence and proportionality” test established by City of Boerne v. Flores, 521 U.S. 507, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997). We need not address this argument in light of our holding that Section 2 has not been violated. See Slack v. McDaniel, 529 U.S. 473, 485, 120 S.Ct. 1595, 1604, 146 L.Ed.2d 542 (2000) (<HOLDING>) (quoting Ashwander v. TVA, 297 U.S. 288, 347, 
 Holding statements: (A) holding that a district courts ruling may be upheld on an alternative ground supported by the record (B) holding that judgment may be affirmed on any ground supported by the record (C) holding that a successor judge may consider a motion for new trial in a case tried to the court where she is not required to weigh conflicting evidence or pass upon the credibility of witnesses but can resolve such issues  upon evidence which is not materially in conflict (D) holding that to preserve an issue for appellate review the specific legal argument or ground upon which it is based must be presented to the trial court (E) recognizing that courts should not pass upon a constitutional question although properly presented by the record if there is also present some other ground upon which the case may be disposed of
answer:
holding that a district courts ruling may be upheld on an alternative ground supported by the record


question:
to overcome this presumption by persuading the finder of fact, by a prepon derance of the evidence, that the income tax assessments are erroneous. See Sullivan v. United States, 618 F.2d 1001, 1008 (3d Cir.1980). Klimek has failed to offer any evidence that the tax assessments are incorrect in the amount the Government claims. He has never challenged in the Tax Court the Notices of Deficiency or the Certificates of Assessments and Payments for tax years 1980 through 1988 and 1990 through 1992. Nor has Klimek ever rebutted or even responded to the Government’s requests for admissions regarding tax years 1980 through 1988 and 1990 through 1992, except to return them with the words “Refused for Fraud” scrawled across them. See Lane v. United States, 328 F.2d 602, 603 (5th Cir.1964) (<HOLDING>). Given the fact that Klimek bears the burden 
 Holding statements: (A) holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances (B) holding that a trial court is not required to convert a motion to dismiss to a motion for summary judgment where external evidence is submitted if the external evidence is irrelevant to the issue (C) holding that if no countervailing evidence is introduced the trial court is  justified in fact required to enter summary judgment for the government the amount of the taxes proved to be due (D) holding that summary judgment is appropriate when no issue of material fact exists and the court is reviewing administrative record for sufficiency of evidence (E) holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion
answer:
holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances


question:
Section 30-9-17 (Repl.Pamp.1984) and SCRA 1986, 5-504 (Repl.Pamp.1992). The depositions were taped prior to trial, and Fair-weather was not allowed in the same room with his children, but rather sat in an adja cent room out of the presence of the children during the depositions, viewing their testimony on a monitor. His attorney was present at the depositions and was able to cross-examine the boys. Fairweather was not able to speak with his attorney during the depositions, but was able to have messages handed to him. He was also able to meet with his attorney during recesses. Because the trial court allowed the use of the videotaped depositions, Fairweather claims the boys testified outside of his presence and that he was denied his right to confront his accusers. The Sixth Amend 461 (<HOLDING>). A face-to-face confrontation is not “an 
 Holding statements: (A) holding that defendants absence from courtroom during childs testimony to jury instead of presenting videotape of childs testimony to jury with defendant present violated confrontation clause in absence of necessity or defendants consent (B) holding that error in admission of videotape was harmless because it was cumulative of childs properly admitted live testimony (C) holding that the improper admission of hearsay testimony concerning a childs report of sexual abuse warranted reversal where the childs otherwise uncorroborated testimony was the sole basis for conviction and the hearsay augmented the childs testimony with additional detail in certain areas (D) holding harmless the improper admission of a social workers hearsay testimony concerning a childs report of sexual abuse where the credibility of the childs testimony was supported by other witnesses (E) holding that a videotape of the childs testimony could not be submitted to the jury for its unrestricted repeated viewing during deliberations
answer:

holding that error in admission of videotape was harmless because it was cumulative of childs properly admitted live testimony