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.

[Q]: (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
[A]: holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation


[Q]: States Dist. Court, 407 U.S. 297, 313, 92 S.Ct. 2125, 32 L.Ed.2d 752 (1972). The Supreme Court has recognized that “searches and seizures inside a home without a warrant are presumptively unreasonable.” Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). However, the Supreme Court has permitted exceptions to the warrant requirement when “special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” New Jersey v. T.L.O., 469 U.S. 325, 351, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Blackmun, J., concurring in judgment) (allowing school officials to conduct warrantless searches of student property without probable cause); see also O’Connor v. Ortega, 480 U.S. 709, 107 S.Ct. 1492, 94 L.Ed.2d 714 (1987) (<HOLDING>); Griffin v. Wisconsin, 483 U.S. 868, 873-74, 
 Holding statements: (A) holding searches conducted without a warrant based on probable cause are presumptively unreasonable (B) holding neither the warrant requirement nor the probable cause requirement should apply to noninvestigatory workrelated purposes or for investigations of workrelated misconduct  (C) holding a person may consent to warrantless searches as a condition of a suspended sentence (D) holding  1983 action lies for warrantless arrest without probable cause (E) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause
[A]: holding searches conducted without a warrant based on probable cause are presumptively unreasonable


[Q]: 535 Pa. 77, 82, 634 A.2d 192, 195 (1993). When defense counsel attempted to cross-examine Ms. Robinson regarding her being “on the run” with her fugitive husband, the trial court ruled the evidence inadmissible as Ms. Robinson was never convicted of a crime. Commonwealth v. Fuller, 336 Pa.Super. 507, 509, 485 A.2d 1197, 1198 (1984) (a witness’s credibility may not be impeached by prior acts of misconduct which have not led to convictions). Consequently, we find that the trial court did not abuse its discretion in limiting appellants’ cross examination. Nolen, supra. Appellants next argue that the trial court erred in failing to properly instruct the jury pursuant to Commonwealth v. Kloiber, 378 Pa. 412, 106 A.2d 820 (1954), cert. denied, 348 U.S. 875, 75 S.Ct. 112, 99 L.Ed. 688 (1954) (<HOLDING>). Here, as part of its charge, the trial judge 
 Holding statements: (A) holding that where the opportunity for positive identification is good and not weakened by prior failure to identify and the witness is positive in his identification even after crossexamination identification need not be received with caution (B) holding that witness had an independent basis to support incourt identification where the description made prior to any pretrial identification was substantially an accurate description of the defendant (C) holding that prior identification is not hearsay when the declarant is available at trial for crossexamination and that it makes no difference whether the witness admits or denies or fails to recall making the prior identification (D) holding that trial court erred when it admitted outofcourt identification of defendant when the witness who made the identification was never asked about defendants identity at trial (E) holding that admission of a witness prior identification statement where the witness could not remember the basis for the identification did not violate the confrontation clause or fedrevid 802
[A]:
holding that witness had an independent basis to support incourt identification where the description made prior to any pretrial identification was substantially an accurate description of the defendant