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.

Example Input: the evidence presented by the summary judgment record in a light most favorable to the party against whom the summary judgment was rendered, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006) (citing City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex.2005)). When both sides move for summary judgment, and the trial court grants one motion and denies the other, the reviewing court considers both sides' summary judgment evidence and determines all issues presented. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex.2005). Where the trial court does not specify the g rv., Inc., 798 S.W.2d 606, 615 (Tex.App.-Dallas 1990, writ denied) (<HOLDING>). Thus, the absence of a causal connection
Holding statements: (A) holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract (B) holding that erisa provides relief only for clearly ascertainable damages with the intent to make plaintiffs whole which precludes recovery for speculative future harm (C) holding that no recovery exists for speculative damages (D) holding that nominal damages award was appropriate where the evidence supporting the damages was speculative (E) holding such damages available where local law silent on issue speculative nature of damages does not preclude recovery
Example Output: holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract

Example Input: their quest had generally confirmed their suspicion. Thereafter it was incumbent upon them to make a decision as to their course of action with "reasonable dispatch." Occidental Life Ins. Co. of North Carolina v. Pat Ryan & Associates, Inc., supra, 496 F.2d at 1268; Johns Hopkins University v. Hutton, supra, 488 F.2d at 917; Baumel v. Rosen, supra, 412 F.2d at 574. The question, therefore, is whether plaintiffs were guilty of unreasonable delay during the period from May 20, 1969 to August 27, 1969. Considering the number of plaintiffs involved and the time necessary for counsel to research legal authorities and draft and prepare the original complaint, this Court concludes that there was no unreasonable delay. Cf. Johns Hopkins University v. Hutton, 343 F.Supp. 245, 255-56 (D.Md.1972) (<HOLDING>), rev'd, 488 F.2d 912 (4th Cir. 1973) (in jury
Holding statements: (A) holding that because the plaintiff had not perfected service within 120 days of filing the complaint the complaint was subject to mandatory dismissal (B) holding inter alia that 130 days was reasonable period for researching and drafting of complaint (C) holding that 120 days notice was satisfied by 30 days work plus 90 days pay (D) holding that delays of 115 days and 101 days were both substantial (E) holding that a difference between 384 days prepreference average number of days to payment and 547 days preference average number of days to payment did not make the payments out of the ordinary course of business
Example Output: holding that because the plaintiff had not perfected service within 120 days of filing the complaint the complaint was subject to mandatory dismissal

Example Input: for determining whether one offense is a lesser included offense of another crime: [T]he definitions accorded the crimes determine whether one crime is a lesser included offense of another crime. In other words, all of the essential elements of the lesser crime must also be essential elements included in the greater crime. If the lesser crime has an essential element which is not completely covered by the greater crime, it is not a lesser included offense. State v. Weaver, 306 N.C. 629, 635, 295 S.E.2d 375, 378-79 (1982) (citation omitted) (emphasis omitted), overruled in part on other grounds by State v. Collins, 334 N.C. 54, 61, 431 S.E.2d 188, 193 (1993); accord State v. Hedgepeth, 165 N.C. App. 321, 324, 598 S.E.2d 202, 205, disc. rev. denied, 359 N.C. 193, 607 S.E.2d 656 (2004) (<HOLDING>). Defendant was indicted for first degree rape.
Holding statements: (A) holding that a lesser crime cannot be a lesser included offense of a greater crime if the lesser crime contains an essential element not included in the greater crime (B) holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime (C) holding that the crime of rape is a lesser included offense of the crime of felony murder in the perpetration of rape and that since the latter crime included all of the elements of the former consecutive sentences were therefore improper (D) holding that reviewing court in a proper case may modify a judgment of conviction below and affirm it as a conviction of a lesser degree of the offense charged or of a lesser crime included therein where the errors do not affect the conviction of the lesser offense (E) holding that an offense is factually lesser included if the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense
Example Output:
holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime