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:
the direction that McDowell testified the assailant fled. Other evidence also confirmed that Hayward’s blood was found in the victim’s pockets and on the car. The discrepancies in McDowell’s testimony did not prove that he failed to observe or could not recall the most important points about which he testified. Hayward is correct that the trial court relied on McDowell’s testimony that Des-tefano said “I don’t have no more” in finding that the murder occurred during a robbery for pecuniary gain. However, that aspect of McDowell’s testimony never wavered. Although McDowell was older, in poor health, and possibly confused about some aspects of the event he witnessed, that does not provide a basis to disqualify him. See, e.g., Belcher v. Johnson, 834 So.2d 422, 422-23 (Fla. 2d DCA 2003) (<HOLDING>). Even insanity of a witness has been found to 
 Holding statements: (A) holding that an elderly woman with dementia is not disqualified as a witness simply for those reasons (B) holding that an order was final for these identical reasons (C) holding that a forensic accountant is an expert witness not a lay witness (D) holding that juror was not automatically disqualified under beckett because of the jurors friendship with a law enforcement officer who was a key witness for the stale (E) holding outofcourt statements relating to reasons for investigation are not admissible where the reasons for the investigation are not at issue

Ex Output:
holding that an order was final for these identical reasons


Ex Input:
and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe’s amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun 
 Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in  1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure

Ex Output:
recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure


Ex Input:
on which she was indicted. On the videotape, DeSalvo claimed knowledge and expertise in furnishing Medicare providers with substantial, no-risk benefits by subscribing to lost charge audit services. The videotape illustrated DeSalvo’s promotion of and proficiency in lost charge audits, thus tending to show that when she previously submitted false Medicare claims, she knew them to be false. Similar cases have found applicability of Rule 404(b) in less persuasive circumstances. See United States v. McDonald, 576 F.2d 1350, 1356 (9th Cir.) (finding that developer’s subsequent statements on land deals implied knowledge of previously fraudulent conduct), cert. denied, 439 U.S. 830, 99 S.Ct. 105, 58 L.Ed.2d 124 (1978); see also United States v. Bibo-Rodriguez, 922 F.2d 1398, 1399 (9th Cir.) (<HOLDING>), cert. denied, 501 U.S. 1234, 111 S.Ct. 2861, 
 Holding statements: (A) holding that despite differences in method evidence of subsequent drug smuggling could be admitted to show prior knowledge and intent (B) holding there was no rule 404b violation where the evidence was admitted to show knowledge and knowledge was an element of the crime charged (C) holding prior drug convictions relevant to show that defendant had knowledge and intent necessary to possess drugs at issue in case (D) holding that evidence of a 10yearold drug conviction was properly admitted to show intent in a prosecution for possession with intent to distribute (E) holding that evidence of prior drug transactions was admissible under rule 404b to show inter alia intent to enter into the drug conspiracy and knowledge of the conspiracy

Ex Output:

holding there was no rule 404b violation where the evidence was admitted to show knowledge and knowledge was an element of the crime charged