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.

Ex Input:
proceeding”). Here, the only evidence that th .Crim.App.2000) (stating, in motion to suppress context, “[T]he judge may believe or disbelieve all or any part of a witness’s testimony, even if that testimony is not controverted”). Appellant’s and Sanchez’s after-the-fact, out-of-court averrals about appellant’s ability to understand the proceedings and waivers he signed were untimely factual statements in appellant’s self-interest. Even though the State did not offer affidavits to controvert appellant’s and Sanchez’s affidavits, it was within the trial court’s discretion to disbelieve the assertions contained in those affidavits that appellant does not read or speak English. See Charles, 146 S.W.3d at 210; Shanklin, 190 S.W.3d at 167; see also Phuong Anh Thi Le, 300 S.W.3d at 327 (<HOLDING>). The trial court, and not this Court, is in 
 Holding statements: (A) holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record (B) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (C) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (D) holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts (E) holding that appellate court must defer to all implied factual findings supported by record

Ex Output:
holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record


Ex Input:
(2013) (ex plaining the FDA’s view that “promoting a drug for an off-label use is a violation” of the FDCA’s misbranding provisions). Based on this view, the FDA has recovered millions of dollars in settlements from drug manufacturers that have engaged in off-label promotion. See, e.g., id. at 232 (citing Press Release, U.S. Dep’t of Justice, Justice Department Announces Largest Health Care Fraud Settlement in Its History, (Sept. 2, 2009) (trumpeting a mul-ti-billion dollar fine imposed against a drug company that promoted its drugs for uses and dosages that the FDA specifically declined to approve)). The FDA’s informal interpretation of a statute it administers is entitled to some deference from courts. See Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944) (<HOLDING>). But courts have not always agreed with the 
 Holding statements: (A) holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation (B) holding that an agencys interpretation of its own regulations is entitled to deference (C) holding that deference is owed to state agencys interpretation of state law (D) holding that an agencys informal interpretation of a statute it administers is entitled to deference to the extent it has the power to persuade (E) holding that agency interpretation which is reasonable is entitled to deference

Ex Output:
holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation


Ex Input:
determine whether the statute or regulation infringing on that interest is narrowly tailored to serve a compelling government interest. See id. The Circuit Courts that have addressed the constitutionality of § 236(c) have differed on the question of whether the right asserted by Hall is fundamental. See, e.g., Welch v. Ashcroft, 293 F.3d 213, 221 (4th Cir.2002) (right of alien to be free from mandatory detention is not a fundamental one); Kim v. Ziglar, 276 F.3d 523, 535 (9th Cir.2002) (“We are reluctant to uphold civil detention impinging on fundamental liberty interests, based on a government policy the need for which the implementing agency has itself questioned.”), cert. granted, 536 U.S. 956, 122 S.Ct. 2696, 153 L.Ed.2d 833 (2002). ; Hoang v. Comfort, 282 F.3d 1247 (10th Cir.2002) (<HOLDING>), petition for cert. filed, No. 01-1616, 2003 
 Holding statements: (A) recognizing a fundamental right to marry (B) holding that the right to vote is fundamental (C) recognizing that a criminal defendants right to a fair trial is fundamental (D) holding that the right to drive is not a fundamental right (E) holding right to be fundamental

Ex Output:

recognizing a fundamental right to marry