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:
is clear.” Investment Company Institute, 891 F.Supp.2d at 205. The appellants also assert that the agency improperly counted hypothetical benefits, but this assertion is incorrect. It was appropriate for CFTC to count the benefits flowing from its registration and disclosure requirements in § 4.5 and § 4.27, as the specifics of those requirements are finalized and not subject to the harmonization rule. The appellants further complain that CFTC failed to put a precise number on the benefit of data collection in preventing future financial crises. But the law does not require agencies to measure the immeasurable. CFTC’s discussion of unquantifiable benefits fulfills its statutory obligation to consider and evaluate potential costs and benefits. See Fox, 556 U.S. at 519, 129 S.Ct. 1800 (<HOLDING>). Where Congress has required “rigorous, 
 Holding statements: (A) holding that attorneys are not debt relief agencies (B) holding that new york city agencies cannot be sued (C) holding that agencies are not required to adduce empirical data that cannot be obtained (D) holding that state agencies are treated as states under the eleventh amendment (E) recognizing that administrative agencies are not bound by rules of evidence
answer:
holding that attorneys are not debt relief agencies


question:
hearing are binding on the appellate courts if supported by competent evidence. State v. Brooks, 337 N.C. 132, 140, 446 S.E.2d 579, 585 (1994). A trial court’s conclusions of law are reviewed de novo on appeal. State v. Kincaid, 147 N.C. App. 94, 97, 555 S.E.2d 294, 297 (2001). In the present case, the trial court made the following relevant findings of fact: that on or about July 6, 2004 . . . Officer Henderson, a 27 year veteran of the Burlington Police Dept, had received a call of a suspicious activity at Coy’s Exxon on the comer of Graham-Hopedale Rd. and N. Church St. That location has had numerous calls for shopliftingy fights[,] and other activity. Also there is numerous gang and graffiti act S.E.2d 412, 418 (2004), disc. review denied, 359 N.C. 283, 610 S.E.2d 208 (2005) (<HOLDING>). The State argues “ [i]t is clear from the 
 Holding statements: (A) holding reasonable and articulable suspicion existed to support an investigatory stop of a vehicle where the defendant and driver were observed loitering at a closed shopping center shortly before midnight no other vehicles were in the parking lot and the two men abruptly and hurriedly returned to their vehicle which was parked out of general public view (B) holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes (C) holding that officer had reasonable suspicion to stop a vehicle when confidential informant personally observed the vehicle provided a description of the vehicle and its direction detailed the basis for her suspicion that the vehicle was engaged in illegal activity and had previously given reliable information that led to the successful apprehension of individuals engaged in various criminal activity (D) holding reasonable and articulable suspicion existed to support the investigatory stop of a vehicle in view of the time of day and the officers prior knowledge of reports of criminal activity in the area (E) holding that a mere parking violation justified the investigatory stop of choudrys vehicle
answer:
holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes


question:
together, the Sixth Amendment and the due process clause of the Fourteenth Amendment to the United States Constitution “entitle a criminal defendant to a ‘jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.’ ” Apprendi v. New Jersey, 530 U.S. 466, 477, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000) (alteration in original) (quoting United States v. Gaudin, 515 federal constitutional rule: This court has repeatedly . . . held that Apprendi and its progeny do not require the State to submit a defendant’s prior convictions to a jury and prove them beyond a reasonable doubt. State v. Thiefault, 160 Wn.2d 409, 418, 158 P.3d 580 (2007) (citation omitted); see also State v. Roswell, 165 Wn.2d 186, 193 n.5, 196 P.3d 705 (2008) (<HOLDING>). Until such time as our Supreme Court 
 Holding statements: (A) holding that apprendi carved out an exception for prior convictions that specifically preserved the holding of almendareztorres (B) holding that almendareztorres rejected the argument that the fact of a prior conviction must be found by a jury (C) recognizing exception carved out by almendareztorres (D) recognizing the prior conviction exception of almendareztorres (E) recognizing exception
answer:

holding that apprendi carved out an exception for prior convictions that specifically preserved the holding of almendareztorres