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.

Input: Consider Input: aff'd, 683 So.2d 1042 (Ala.1996), cert. denied, 520 U.S. 1171, 117 S.Ct. 1438, 137 L.Ed.2d 545 (1997), quoting Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990). In Brooks v. State, 695 So.2d 176 (Ala.Cr.App.1996), aff'd, 695 So.2d 184 (Ala.), cert. denied, 522 U.S. 893, 118 S.Ct. 233, 139 L.Ed.2d 164 (1997), this Court stated: “[A] prosecutor has the right to indicate to the jury those parts of the evidence or testimony presented by the State that the defense has failed to contradict; that process is not an infringement of the defendant’s Fifth Amendment privilege against self-incrimination. Duncan v. Stynchcombe, 704 F.2d 1213, 1215-16 (11th Cir.1983); Ex parte McWilliams, 640 So.2d 1015 (Ala.1993); Griffin v. State, 393 So.2d 523, 528 (Ala.Cr.App.1981).” 695 So.2d at 180 (<HOLDING>). “ ‘ “A prosecutor’s statement that the 
 Holding statements: (A) holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence (B) recognizing the right of a defendant to comment upon the failure of the state to produce evidence (C) holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify (D) holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense (E) holding a prosecutor may not comment on a defendants silence

Output: holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence


Input: Consider Input: the common level ratio. The Board may hold a hearing to consider the objections, but it may also decide the objections have merit and adjust its calculations. If not satisfied with the outcome of the hearing, the taxpayer may “appeal de novo such ratio determination to the Commonwealth Court.” Id. It has long been established that “[wjhere a remedy is provided by an act of assembly, the directions of the legislation must be strictly pursued and such remedy is exclusive.” Lurie v. Republican Alliance, 412 Pa. 61, 63, 192 A.2d 367, 369 (1963). This Court has explained that “where a statutory remedy exists, it is exclusive unless the jurisdiction of the courts is preserved thereby.” Lashe v. Northern York County School District, 52 Pa.Cmwlth. 541, 417 A.2d 260, 264 (1980) (emphasis added) (<HOLDING>). Where the statutory remedy is an 
 Holding statements: (A) holding that a district of columbia consumer protection statute that authorized representative actions and did not reference class action requirements or mandate class certification was a separate and distinct procedural vehicle from a class action and thus did not constitute a class action under cafa (B) holding that a litigant could not avoid the procedure prescribed by statute in favor of a class action in equity (C) holding that the right of all putative members of a proposed class in an action filed pursuant to kansass class action rule of civil procedure to file a separate action is preserved pending the determination of whether the initial case shall be maintained as a class action (D) recognizing cause of action by class member against class counsel for negligence in providing notice (E) holding that district court in making class certification decision should avoid focusing on merits of underlying class action

Output: holding that a district of columbia consumer protection statute that authorized representative actions and did not reference class action requirements or mandate class certification was a separate and distinct procedural vehicle from a class action and thus did not constitute a class action under cafa


Input: Consider Input: owner); Tucker v. Hankey, 173 Kan. 593, 250 P.2d 784, 788 (Kan. 1952) (“To constitute adverse possession of land, it is not absolutely necessary that there should be [enclosure, buildings, or cultivation. ...”). With respect to agricultural lands whose primary purpose is cattle grazing, courts have consistently held that the actual, physical, and hostile possession elements of an adverse possession claim may be satisfied simply upon a showing that the individual who claims to have adversely possessed the land has had his cattle graze on the disputed parcel. See, e.g., Thornburg v. Haecker, 243 Neb. 693, 502 N.W.2d 434, 438 (Neb. 1993); Davis v. Parke, 135 Ore. App. 283, 898 P.2d 804, 806 (Or. Ct. App. 1995); Overson v. Cowley, 136 Ariz. 60, 664 P.2d 210, 217-18 (Ariz. Ct. App. 1982) (<HOLDING>). As the Wyoming Supreme Court, in summarizing 
 Holding statements: (A) holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession (B) holding that a past arrest for possession without more is simply not enough to provide reasonable articulable suspicion that the person is currently in possession (C) holding that k no wing possession can be demonstrated by proof of either actual or constructive possession (D) holding that failure to follow gaap without more is insufficient to establish scienter (E) holding cattle grazing without more sufficient to establish actual possession element


Output: holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession