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:
until they were “in close proximity.” Lowe, 2014 WL 99452, at *3; see also Westport Ins. Corp. v. Bayer, 284 F.3d 489, 498 (3d Cir.2002) (according plain meaning to the district court’s choice of language in affirming its “implicit” findings of fact). These findings control because they are not clearly erroneous. Rather, they are suppo a- suspect takes action that clearly indicates that he “does not yield” to the officers’ show of authority. Hodari D., 499 U.S. at 626, 111 S.Ct. 1547. Action— not passivity — has been the touchstone of our an h Cir.2010) (noting that, “for a person who is moving, to ‘yield’ most sensibly means to stop”), or when a suspect makes suspicious motions consistent with reaching for a weapon, see United States v. Johnson, 212 F.3d 1313, 1316-17 (D.C.Cir.2000) (<HOLDING>). Unlike the suspects in those cases, Lowe 
 Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that a suspect did not submit to a show of authority when he made continued furtive  gestures including shoving down motions that were suggestive of hiding or retrieving a gun (C) holding that a suspect who continued walking when approached by a police officer did not submit until physically restrained by the officer (D) holding that evidence of appellants prior gun possession was admissible in a homicide prosecution to show malice and intent possession of a gun without more is not wrongful conduct (E) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept
answer:
holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded


question:
Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt
answer:
recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify


question:
"Shortened Arbitration Rules,” which meant that arbitration would proceed based on documents alone. Transatlantic further states that this limitation would be to Amergent’s advantage. 2 . In contrast, cases granting motions to compel arbitration have involved a clear refusal on the part of one party to arbitrate. See, e.g., Crystal Pool AS v. Trefin Tankers Ltd., No. 12 CIV. 9417 RA, 2014 WL 1883506, at *3 (S.D.N.Y. May 9, 2014) (“Trefin Tankers twice failed to respond to Crystal Pool’s requests that it appoint an arbitrator, and it also has failed to appear in or respond to the proceedings in this Court, Trefín Tankers has thus unambiguously manifested a refusal to arbitrate.”); Telesat Canada v. Planetsky, Ltd., No. 12 CIV. 3743 JMF, 2013 WL 592668, at *3 (S.D.N.Y. Feb. 15, 2013) (<HOLDING>); Severstal U.S. Holdings, LLC v. RG Steel, 
 Holding statements: (A) holding that plaintiff was not entitled to rely on a defendants jurydemand where the defendant had neither a constitutional nor a statutory right to make such a demand (B) holding respondent refused to arbitrate where it neither opposed nor responded to petitioners arbitration demand letter (C) holding that when plaintiff sought arbitration and neither the award nor the arbitration agreement mentioned interest the plaintiff was not entitled to preaward interest (D) holding that an action to compel arbitration accrues only when the respondent unequivocally refuses to arbitrate either by failing to comply with an arbitration demand or by otherwise unambiguously manifesting an intention not to arbitrate the subject matter of the dispute (E) holding that purpose of stay pending arbitration is twofold it relieves the party entitled to arbitrate of the burden of continuing to litigate the issue while the arbitration process is ongoing and it entitles that party to proceed immediately to arbitration without the delay that would be occasioned by an appeal of the district courts order to arbitrate
answer:

holding that plaintiff was not entitled to rely on a defendants jurydemand where the defendant had neither a constitutional nor a statutory right to make such a demand