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: “good cause for delay.” United States v. Occhipinti, 851 F.Supp. at 526; United States v. El-Gabrowny, 844 F.Supp. 955, 959 (S.D.N.Y.1994). Next, a “sufficient” affidavit must satisfy the following requirements: (1) the facts must be material and stated with particularity; (2) the facts must be such that if true they would convince a reasonable man that a bias exists; and (3) the facts must show the bias is personal, and not judicial, in nature. McClelland v. Gronwaldt, 942 F.Supp. 297, 300 (E.D.Tex.1996) (citation omitted). To be found sufficient as a matter of law, the affidavit must show “ ‘a true personal bias and allege specific facts’ as opposed to mere conclusions and generalizations.” United States v. Occhipinti, 851 F.Supp. at 525; see United States v. Sykes, 7 F.3d at 1339 (<HOLDING>). This Circuit has observed that “judicial 
 Holding statements: (A) holding that unsupported affidavits setting forth ultimate or conclusoiy facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment (B) recognizing that an implied contract must result from a meeting of the minds of the parties in mutual assent to the terms and must be based upon a sufficient consideration free from fraud or undue influence not against public policy and sufficiently definite to be enforced (C) holding that course of dealing may render uncertain terms sufficiently definite (D) holding that the facts averred must be sufficiently definite and particular to convince a reasonable person that bias exists simple conclusions opinions or rumors are insufficient (E) holding that unsupported affidavits setting forth ultimate or conclusory facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment

Answer: holding that unsupported affidavits setting forth ultimate or conclusoiy facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment


Question: CURIAM. Anthony McLemore was tried by jury and convicted of possession of cocaine and possession of cannabis. We agree with McLemore that the trial court erred in failing to give the jury his requested special instruction that an element of the crime is knowledge by the defendant that the substances possessed were marijuana and cocaine. See Chicone v. State, 684 So.2d 736, 746 (Fla.1996). Even though McLemore disavowed any connection whatsoever to the items, we find that the error was not harmless. See Scott v. State, 808 So.2d 166 (Fla.2002)(<HOLDING>). Accordingly, we reverse the convictions and 
 Holding statements: (A) holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review (B) holdingthat because the evidence of the defendants guilt was overwhelming the courts failure to give a requested charge on impeachment constituted harmless error (C) holding that a trial court errs when it fails to give a limiting instruction properly requested by a party (D) holding that failure to give a limiting instruction for 404b evidence is not plain error (E) holding that failure to give a properly requested chicone instruction cannot be harmless error

Answer: holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review


Question: no indication that Mexican law should govern the claims at issue. Thus, under Texas’s most significant relationship test, American law is likely to govern the merits issues, and this factor weighs against dismissal on the basis of forum non conveniens. 4. Application of Foreign Law Although American law is likely to govern the merits, it appears that Mexican law will be relevant to collateral issues such as the nature of the property that is the subject of the contract. An American forum would nevertheless be capable of handling the difficulties posed by Mexican fideicomiso law should the court need to do so. Indeed, American forums have competently adjudicated matters involving Mexican fideicomiso property interests on other occasions. See Gale v. Camrite, 559 F.3d 359 (5th Cir.2009) (<HOLDING>); Brady v. Brown, 51 F.3d 810 (9th Cir.1995) 
 Holding statements: (A) holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages (B) holding that a seller did not breach its contract by averring that there would be no tax liability incurred by the sale of a baja california sur condominium owned pursuant to fideicomiso law (C) holding that breach occurred when seller told buyer that seller would do no more to rectify alleged warranty violation (D) holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action (E) holding immaterial breach did not constitute breach of contract

Answer:
holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages