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: F.3d 608, 612 (5th Cir.1996)). We conclude that, although the district court erroneously determined that the principles of Daubert did not apply to the re-creation and Agent Constantino’s testimony, the district court did not err in admitting the evidence. Under Daubert, the district court conducts a “preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.” Daubert, 113 S.Ct. at 2796; see Fed.R.Evid. 702 . This “gate-keeping” obligation on the part of the district court applies to all types of expert testimony, not just scientific testimony. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 1174, 143 L.Ed.2d 238 (1999) (<HOLDING>). Many factors may bear on this inquiry, 
 Holding statements: (A) holding that dauberts basic gatekeeping obligation  applies to all expert testimony (B) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (C) recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract (D) holding that insurance obligation was primary to indemnity obligation (E) holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions

SOLUTION: holding that the admission of expert testimony was prejudicial where the testimony was pervasive

PROBLEM: advised the defendant of his Miranda rights and the defendant subsequently gave a statement. Id. 476. The court held that the detective’s statements at the jail cell did not constitute interrogation. Id. at 479-480. The court further determined that the defendant, by stating that he wanted to tell his side of the story, “ ‘initiated’ further conversation in the ordinary dictionary sense of that word.” Id. at 480. Similarly, in Bunch v Thompson, 949 F2d 1354, 1361 (CA 4, 1991), the court held that a defendant’s statement was not the product of “police-initiated interrogation” where it followed an inquiry that “amounted to nothing more than an effort to ascertain if Bunch had changed his mind about wanting an attorney.” See also McCall v State, 501 So 2d 496, 500 (Ala Crim App, 1986) (<HOLDING>); State v Acquin, 187 Conn 647, 669-670; 448 
 Holding statements: (A) holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime (B) holding that although interrogation may not continue after a suspect has requested counsel the police legitimately may inquire whether the suspect has changed his mind about speaking to them without an attorney (C) holding that fifth amendment protection against selfincrimination requires police to notify suspect of right to counsel and to cut off interrogation once suspect invokes the right absent counsel further interrogation may not occur unless suspect initiates subsequent conversation if police initiate subsequent interrogation there can be no valid waiver of counsel even though police advise suspect of his or her constitutional rights and suspect acquiesces in the interrogation (D) holding that prosecutors who soon after arrest of suspect allegedly directed police to coerce confession from suspect were not entitled to absolute immunity because interrogation is ordinarily a police activity (E) holding that once a suspect has requested counsel interrogators may not reinitiate questioning unless the attorney is present regardless of whether or not there has been an outside consultation

SOLUTION: holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime

PROBLEM: 1956 can no more be the basis of a conspiracy conviction than the conduct itself can be the basis of a substantive conviction.” 833 F.Supp. at 1158. Based upon this observation, the district court concluded, “[T]he money laundering object of the conspiracy fails to state an offense under 18 U.S.C. § 371 and 18 U.S.C. § 1956(a)(l)(A)(i).” Accordingly, the district court dismissed the money laundering object of the conspiracy contained in Count One. The district court had subject matter jurisdiction pursuant to Title 18, United States Code, Section 3231. We have appellate jurisdiction of the dismissal of a portion of an indictment pursuant to Title 28, United States Code, Section 3731. See Sanabria v. United States, 437 U.S. 54, 69 n. 23, 98 S.Ct. 2170, 2181 n. 23, 57 L.Ed.2d 43 (1978) (<HOLDING>). Our task is to determine, on plenary review, 
 Holding statements: (A) holding that an order dismissing preliminary objections is interlocutory but an order sustaining them is not (B) holding that an appeal from an order vacating an award while directing a rehearing is an appeal improvidently taken (C) holding appeal from an order dismissing action without prejudice was properly before this court (D) holding there is no statutory barrier to an appeal from an order dismissing only a portion of a count (E) holding that an order dismissing a claim without prejudice is a final appealable order if the statute of limitations for that claim has expired

SOLUTION:
holding that an order dismissing preliminary objections is interlocutory but an order sustaining them is not