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.
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Question: See Tex. Health & Safety Code Ann. 574.106; State ex rel. WW., No. 12-13-00045-CV, 2013 WL 3156312, at *6 (Tex. App.-Tyler June 19, 2013, no pet.) (mem. op.) ("Because W.W. presented evidence to the trial court of his preference to avoid an increased dose ... based upon its side effects and ineffectiveness, it is presumed that the trial court gave his preferences due consideration."); In re T.O.R., No. 02-12-00376-CV, 2013 WL 362747, at *5 (Tex.App.-Fort Worth Jan. 31, 2013, no pet.) (mem. op.) ("T.O.R. did not present any evidence to dispute So-biesk's testimony about the medications' benefits and the ineffectiveness of alternative treatments."); M.H. v. State ex rel. M.H., No. 01-09-00205-CV, 2009 WL 2050988, at *4-5 (Tex.App.-Houston [1st Dist.] July 16, 2009, no pet.) (mem. op.) (<HOLDING>); State ex rel. A.R.F., No. 12-03-00294-CV,
Holding statements: (A) holding evidence of conspiracy sufficient and noting lack of evidence that any member of the group did anything but cooperate with the terms of the plan to commit robbery (B) holding evidence sufficient to support trial courts finding in aggravation that the offense was planned (C) holding that the findings of reviewing physicians constituted substantial evidence in support of the secretarys decision to deny benefits (D) holding evidence sufficient to support trial courts best interest finding when patient did not present any evidence to dispute physicians testimony about benefits of treatment with psychoactive medications and lack of alternative treatments (E) holding evidence insufficient to support finding of implied contract

Answer: holding evidence of conspiracy sufficient and noting lack of evidence that any member of the group did anything but cooperate with the terms of the plan to commit robbery

Question: to commit himself to such an alternative to a federal sentence. 2 . Defendant also raises two additional arguments: (1) that the district court improperly based its sentence on the defendant's refusal to waive his constitutional and statutory rights to oppose his deportation; and (2) that the district court failed to appreciate the scope of its authority to consider, as a mitigating circumstance upon which to base a departure, defendant's vulnerability and susceptibility to abuse in prison due to his physical condition. Both arguments lack merit. As to the first argument, the conditioning of a downward departure on the surrender of a statutory right to a deportation hearing would not have offended due process. See United States v. Galvez-Falconi, 174 F.3d 255, 260 (2d Cir.1999) (<HOLDING>). See generally United States v.
Holding statements: (A) recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart (B) holding that district court had authority to grant section 5k20 downward departure despite governments opposition (C) holding that the district court was not required to state affirmatively on the record that it knew it possessed the authority to depart downward (D) holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart (E) holding that where a defendant malees a showing that the act of consenting to deportation carries unusual assistance to the administration of justice district court has authority under ussg 5k20 to depart downward in absence of the governments consent

Answer: recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart

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, Trefin 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