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.

Q: to the exercise of discretion by the trial court. Penn s to avoid the appearance of impropriety is a worthy standard for professional conduct, a criminal defendant’s constitutional right to due process does not entitle him to a prosecution free of such appearances. Cf. Cuyler v. Sullivan, 446 U.S. 335, 348, 100 S.Ct. 1708, 1718, 64 L.Ed.2d 333 (1980) (stating that a defendant’s Sixth Amendment right to counsel is not violated when his lawyer has a “possible” or “potential” conflict of interest). Instead, a criminal defendant is denied due process only when his former counsel joins a Commonwealth’s Attorney’s office and is not effectively screened from contact with the Commonwealth’s attorneys who are handling the defendant’s case on a related matter. See Thompson, 246 So.2d at 763 (<HOLDING>); United States v. Goot, 894 F.2d 231, 236-37 
 Holding statements: (A) holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person (B) holding than an attorney who serves as a mediator cannot subsequently represent anyone in a substantially related matter without the consent of the original parties because mediators routinely receive and preserve confidences in much the same manner as an attorney and where the mediator was privy to confidential information the applicable ethical rules impose the same responsibility as the rules relating to any attorneys subsequent representation of a former client (C) holding that defendants right to due process was not violated by the employment of his former counsel in the us attorneys office where the former counsel recused himself and was screened from the prosecution of defendants case (D) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client (E) holding that a defendants due process rights are violated only if his former lawyer prosecutes him on a matter related to the representation or discloses client confidences to other prosecutors

A: holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person
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Q: the information provided in the Unplanned Deviation Reports and investigation reports was an accurate depiction of the incidents occurred, and Acevedo has not shown otherwise. Lastly, this Court notes that Ceinos rated Acevedo in 2005 as “Fully Met Expectations,” which evinces a lack of animus towards Acevedo, insofar as he was accorded positive review by Ceinos despite previous performance issues. In essence, Plaintiffs ask us to excuse Acevedo’s performance by replacing Ceinos’ business judgment with his own absent proof that his employer’s findings were inaccurate or misleading, which is an untenable position in light of the applicable case law. Velazquez-Fernandez v. NCE Foods, Inc., 476 F.3d 6, 12 (1st Cir.2007) (citing Webber v. Int’l Paper Co., 417 F.3d 229, 238 (1st Cir.2005)) (<HOLDING>). Ex-Lax’s hiring practices, disciplinary 
 Holding statements: (A) holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment (B) holding that an employees opinion of the efficacy of an employment decision standing alone cannot supplant the employers business judgment (C) holding that employers have standing to sue (D) holding employer cannot lawfully make the signing of an employment agreement which contains an unenforceable covenant not to compete a condition of continued employment an employers termination of an employee who refuses to sign such an agreement constitutes a wrongful termination in violation of public policy (E) holding that an employers sponsorship of an employees 01 visa does not establish an employment contract for a definite term

A: holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment
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Q: v. Seldin. h. Item 58: Wording in Legend When 20-20 Design produces a floor plan, it prints out a legend. (Davis Aff. 57.) From left to right, this legend contains a note about dimensions, a logo, an intellectual property claim, and the dates on which the plan was designed and printed. The text of the note about dimensions is taken verbatim from the National Kitchen and Bath Association (“NKBA”) legend. (Real View App. 65.) 20-20 cannot therefore assert copyright protection over that part of the legend, despite accidentally omitting one word of the NKBA version. However, the intellectual property note appears to be original to 20-20, and although basic, may be entitled to copyright protection. See, e.g., Am. Dental Ass’n v. Delta Dental Plans Ass’n, 126 F.3d 977, 979 (7th Cir.1997) (<HOLDING>). i. Items 59-61: ProKitchen 2.2’s Help menu 
 Holding statements: (A) holding that although notice and comment procedures are not required to trigger chevron deference such procedures are significant  in pointing to chevron authority (B) holding that error in classifying agents testimony as lay opinion and failing to subject it to the disclosure requirements was harmless (C) holding california postdeprivation recovery procedures satisfy due process despite lack of notice to claimant of recovery procedures (D) holding that the extradition procedures are a matter of state law (E) holding numbers short descriptions and long descriptions in taxonomy classifying dental procedures copyrightable

A:
holding that although notice and comment procedures are not required to trigger chevron deference such procedures are significant  in pointing to chevron authority
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