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:
District Attorney’s Office to discriminate in the jury selection process. On April 26, 2007, the PCRA court issued an order denying Appellant relief and the instant appeal followed. Appellant raises the following claim: The lower court erred by limiting Appellant’s hearing solely to proof of a policy or culture of discrimination by the Philadelphia District Attorney and further erred by denying Appellant the opportunity to develop and prove discrimination in his case. Before we proceed with a review of the merits of this issue, we must ascertain whether the PCRA court was correct in its conclusion that Appellant timely filed his fifth PCRA petition for, if he did not, we are without jurisdiction to address his claim. Commonwealth v. Abu-Jamal, 596 Pa. 219, 941 A.2d 1263 (2008) (<HOLDING>). Pursuant to 42 Pa.C.S. § 9545(b)(1), any PCRA 
 Holding statements: (A) holding that railroad immunity act should be strictly construed (B) holding that the time requirements of the statute are as much a part of the jurisdictional threshold as the mandate to file for a rehearing and that the time limits must be strictly construed and may not be waived by ferc or evaded by the courts (C) holding pcra time limits are jurisdictional in nature and must be strictly construed (D) holding that a governments consent to be sued must be construed strictly in favor of the sovereign (E) holding  2513 to be jurisdictional and therefore must be strictly construed

Ex Output:
holding that railroad immunity act should be strictly construed


Ex Input:
unlawful harm under that public policy may include actions that violate recognized and accepted standards of conduct, such as applicable codes of ethics. The critical question in this case is whether under all of the surrounding circumstances MacDougall’s termination by Weiehert violated that clear mandate of public policy and was in retaliation for either his vote on the municipal parking ban ordinance or his refusal to change the ordinance. At the outset, we recognize that conduct that is directed against constitutionally-protected activity may violate a clear mandate of public policy, even though it may not offend any other statutory or legal standard. Supra at 390, 393, 677 A.2d at 167, 168. Compare Shovelin v. Central New Mexico Elec. Coop., Inc., 115 N.M. 293, 850 P.2d 996 (1993) (<HOLDING>) with Novosel v. Nationwide Ins. Co., 721 F.2d 
 Holding statements: (A) holding that employees retaliatory discharge based on employees election to public office did not violate public policy (B) recognizing public policy limits on employer discretion in discharging employees (C) holding public employees conduct and expression in internal investigation of employees at county prosecutors office to expose potential wrongdoing constituted matter of public concern (D) recognizing retaliatory discharge claim where employer prevented employees exercise of workers compensation rights because of employees intention to file claim (E) holding that the discharge of an employee hospitalized for illness did not violate public policy

Ex Output:
recognizing public policy limits on employer discretion in discharging employees


Ex Input:
F.3d 209, 213 (4th Cir.2004). The Fourth Circuit even characterized it “as a very close question” but concluded that a prima facie case had been made “because a reasonable trier of fact could conclude” there was causation. See id. (emphasis added). Additionally, the Fourth Circuit has held that establishing a prima facie case is, quite unremarkably, a “less onerous burden” than is conclusively establishing a causal connection. See Williams v. Cerberonics, Inc., 871 F.2d 452, 457 (4th Cir.1989); see also Karpel v. Inova Health Sys. Servs., 134 F.3d 1222, 1229 (4th Cir.1998) (“Although Karpel presents little or no direct evidence of a causal connection between her protected activity and Inova’s adverse action, little is required.”); McNaim v. Sullivan, 929 F.2d 974, 980 (4th Cir.1991) (<HOLDING>). But see, e.g., Kelley v. Goodyear Tire & 
 Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that where evidence showed plaintiffs supervisor considered transferring plaintiff the day before she was served with plaintiffs lawsuit there was no causal connection showing that the transfer was retaliatory (C) holding that the plaintiff failed to establish a prima facie case of retaliation because there was no evidence that the decisionmaker knew of the plaintiffs protected conduct (D) holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case (E) holding that the plaintiff made a prima facie case even though there was no evidence of causal connection other than the fact that the plaintiff was fired after bringing a lawsuit

Ex Output:

holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence