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.

[EX Q]: (9th Cir.1954) (concluding that expert opinions did not support jury verdict, in part because "[o]pinion evidence is only as good as the facts upon which it is based" and record did not support opinions). Here, for the reasons stated, the record demonstrates that the officers' percep tion of an immediate threat whether correct or not was clearly reasonable and therefore that their initial use of deadly force was justified. 9 . The situation Appellants faced here having to determine in a split-second whether a suspect is using his vehicle as a weapon is analogous to the scenario of an officer forced to make a split-second decision as to whether to use deadly force against a suspect who he believes has a firearm. See, e.g., McLenagan v. Karnes, 27 F.3d 1002, 1007 (4th Cir. 1994) (<HOLDING>); Slattery v. Rizzo, 939 F.2d 213, 215-17 (4th
Holding statements: (A) holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something (B) holding officer may search vehicle for weapons if officer has reasonable belief based on articulable facts that officer or another may be in danger (C) holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon (D) holding that use of deadly force was justified against a suspect when officer forced to make a splitsecond decision relied on his reasonable belief that another officer had seen a gun in the suspects hands even though the suspects hands were handcuffed in front of him and the defendant officer never saw a weapon (E) holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station
[EX A]: holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something

[EX Q]: to invoke the jurisdiction of the trial court. As a matter of first consideration, any court has the duty to determine, sua sponte, whether it has jurisdiction to hear the case. Welch v. McDougal, 876 S.W.2d 218, 220 (Tex.App.-Amarillo 1994, writ denied). As material to this question, section 65.023(b) of the Texas Civil Practice & Remedies Code requires that an application for an injunction to stay proceedings in a suit or execution on a judgment must be tried in the court in which the suit is pending or the judgment was rendered. This requirement is jurisdictional and does not relate merely to venue. See Butron v. Cantu, 960 S.W.2d 91, 94 (Tex.App.-Corpus Christi 1997, no writ); Home Sav. Ass'n v. Ramirez, 600 S.W.2d 911, 913 (Tex.Civ.App.-Corpus Christi 1980, writ refd n.r.e.) (<HOLDING>). Because the Gard-ners seek to challenge
Holding statements: (A) holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court (B) holding that a judgment is subject to collateral attack where the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court exceeds the powers conferred on it by constitutional or statutory provisions (C) holding that a dis trict court has no authority to issue injunction restraining enforcement of judgment of the county court where as here the judgment solely resolves who is entitled to immediate possession (D) holding that motion to dismiss should not be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law (E) holding that a judgment of another states court is entitled to full faith and credit j when the judgment is considered final under the laws of the rendering state
[EX A]: holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court

[EX Q]: defective. If anything, his testimony suggests the battery in the ICD device was working too well; the ICD activated at times when he believed his heart rate was normal. At one point, Melton testified that the battery powering the ICD "never malfunctioned between the date that it was implanted and the date it was explanted." Further, to the extent the ICD was "defective" in the sense that it was prone to over-activation, Melton also failed to present evidence that Dr. Feldman or Columbia Heart Clinic knew this at the time Dr. Feldman implanted the ICD. Accordingly, Melton failed to create a genuine issue of material fact as to whether Dr. Feldman's implantation of the ICD, in and of itself, constituted malpractice. 3. Improper Corp., 324 S.C. 359, 365, 478 S.E.2d 81, 84 (Ct.App.1996) (<HOLDING>). Specifically, Melton failed to present
Holding statements: (A) holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury (B) holding expert testimony is generally required to establish proximate cause in medical malpractice cases (C) holding expert testimony is ordinarily required in legal malpractice cases to establish the standard of care (D) holding that expert medical testimony was not necessary to establish negligence where surgeon left a needle in the patients body but stating that proof of proximate cause requires some expert testimony in medical malpractice cases (E) holding expert testimony not required to defeat summary judgment in medical malpractice suit because defendant doctors admissions were sufficient to establish the standard of care
[EX A]:
holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury