instruction:
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.
question:
States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). By assenting to settlement in this action, Defendants waived, for example, the right to contest the EPA’s regulatory jurisdiction, which would have been an element of the EPA’s substantive claim. See United States v. Krilich, 209 F.3d 968, 972 (7th Cir.2000) (“[T]he interstate connection, i.e. that the waters involved were ‘waters of the United States,’ is merely an element of the United States’ Clean Water Act case under section 301.”), cert. denied, 531 U.S. 992, 121 S.Ct. 482, 148 L.Ed.2d 455 (2000); see also United States v. Wilson, 133 F.3d 251, 264 (4th Cir.1997) (indicating proof of interstate nexus is an element of criminal liability under CWA); United States v. Ahmad, 101 F.3d 386, 391 (5th Cir.1996) (<HOLDING>). Moreover, a consent decree “is an agreement 
 Holding statements: (A) recognizing that exhaustion is mandatory and jurisdictional (B) recognizing the existence of the special relationship (C) recognizing existence of two tests (D) recognizing the existence of purely jurisdictional elements (E) holding that one of the essential elements of an abuse of process claim is the existence of an ulterior motive
answer:
recognizing that exhaustion is mandatory and jurisdictional


question:
agreements and do not own their software outright under Regime 1. 19 . Though this court reviews orders imposing Rule 11 sanctions for an abuse of discretion, “[a] district court would necessarily abuse its discretion if it based its ruling on an erroneous view of the law_" Giebelhaus, 938 F.2d at 964 (quoting Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405, 110 S.Ct. 2447, 2461, 110 L.Ed.2d 359 (1990)). 20 . The Court extended this reasoning in Business Guides to apply the certification requirement of Rule 11 to represented parties who sign court papers, even where they are not required to do so. 498 U.S. at 543, 546-47, 111 S.Ct. at 930-31. 21 . Giebelhaus, 938 F.2d at 965; see also Pony Express Courier Corp. of Am. v. Pony Express Delivery Serv., 872 F.2d 317, 319 (9th Cir.1989) (<HOLDING>). Southeastern’s argument that Lederman and 
 Holding statements: (A) holding appellant could not obtain a new trial so that jury could answer liability question because the charge instructed the jury not to answer the question based on its answer to a prior question and because appellant did not object to this instruction (B) holding that a city could not be held vicariously liable for the act of a magistrate who was immune from liability (C) holding that individual defendants may not be held liable for violations under title vii (D) holding that no judgment can be rendered against defendant who cannot be held liable (E) holding that cocounsel who did not sign the answer could not be held liable under rule 11 for its contents
answer:
holding appellant could not obtain a new trial so that jury could answer liability question because the charge instructed the jury not to answer the question based on its answer to a prior question and because appellant did not object to this instruction


question:
for the Florida Supreme Court to review the imposition of the death sentence with “rationality and consistency,” Proffitt, supra, 428 U.S. at 259, 96 S.Ct. at 2969, defendants and their counsel must be aware of all the material under consideration by the court. Not only is the defendant’s right to counsel implicated, Anders v. California, 386 U.S. 738, 742, 87 S.Ct. 1396, 1399, 18 L.Ed.2d 493 (1967), but so is the right of confrontation. Pointer v. Texas, 380 U.S. 400, 85 S.Ct. 1065, 13 L.Ed.2d 923 (1965); Douglas v. Alabama, 380 U.S. 415, 85 S.Ct. 1074, 13 L.Ed.2d 934 (1965). The receipt of psychiatric and psychological reports from the Department of Corrections also implicates a defendant’s Fifth Amendment rights. Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981) (<HOLDING>). By considering nonrecord information without 
 Holding statements: (A) recognizing that davis was concerned only with the right to counsel and not the right to remain silent (B) recognizing fifth amendment right to be informed of right to remain silent to have questions cease and to consult with an attorney before being subjected to psychiatric examination that may be used against defendant in capital sentencing proceedings (C) holding that a suspects invocation of the right to remain silent must be unequivocal to require that police questioning cease (D) holding that prior to engaging in custodial interrogation police must warn a suspect that he has a right to remain silent that any statement he does make may be used as evidence against him and that he has a right to the presence of an attorney either retained or appointed (E) holding that a defendant who is subject to custodial interrogation must be advised in clear and unequivocal language of his constitutional right to remain silent and his right to a lawyer
answer:

recognizing that davis was concerned only with the right to counsel and not the right to remain silent