instruction:
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:
United States v. Griffith, 17 F.3d 865, 880 (6th Cir.1994). B. Sufficiency of the evidence K. Kennedy and Scarborough moved for judgments of acquittal at the close of the government's proof, arguing that the evidence presented was insufficient to sustain their convictions. See Fed. R.Crim.P. 29(a). The district court considered and denied the motions, and neither defendant renewed his or her respective motion at the close of all the evidence, see Swidan, 888 F.2d at 1080, or within 14 days after their guilty verdicts,' see Fed. R.Crim.P. 29(c)(1). They have thus failed to preserve their rights to challenge the sufficiency of the evidence in the absence of a miscarriage of justice. See Swidan, 888 F.2d at 1080; see also United States v. Faymore, 736 F.2d 328, 334 (6th Cir.1984) '(<HOLDING>).' Both K. Kennedy and Scarborough conceded at
Holding statements: (A) holding that failure to consider an improper jury instruction would constitute a miscarriage of justice (B) holding that the defendants insufficientevidence claim was barred by his failure to renew his rule 29 motion at the close of all the evidence because there was no manifest miscarriage of justice (C) holding that even when a defendant moves under rule 50 at the close of plaintiffs evidence and autocentro did not even do that if a defendant wishes to renew a motion for judgment as a matter of law at the posttrial stage with a view to having denial of that motion considered by the court of appeals the defendant is required to have moved for judgment as a matter of law at the close of all the evidence (D) holding that defendants failure to renew their motion for judgment as a matter of law which was denied by the district court when they made it at the close of the evidence limited the relief the appellate court could grant to a new trial (E) holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence
answer:
holding that failure to consider an improper jury instruction would constitute a miscarriage of justice

question:
make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State's motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client's behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, U.S. , , 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this
Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal
answer:
holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan

question:
charges under the Act is a piecemeal and inefficient method of addressing these issues. This is, however, the system the Legislature has put in place for challenging insurance rates. 28 . An obvious exception to the requirement of first seeking a hearing before the Commissioner to establish an excessive charge would be those instances where an insurer charged a rate that was above the amount on file with or authorized by the Commissioner. It is arguable that the cause of action established through West Virginia Code 46A-3-109 and 46A-5-101 was intended to cover instances of wrongful or unconscionable charges rather than inviting any ongoing inquiry into the reasonableness of insurance charges. See, e.g., Dunlap v. Friedman's, Inc., 213 W.Va. 394, 399, 582 S.E.2d 841, 846 (2003) (<HOLDING>). 29 . In the event that we are misinterpreting
Holding statements: (A) holding that a deceptive practice consists of a material representation or omission that is likely to mislead consumers acting reasonably under the circumstances (B) holding california ucl fal and clra claims depend on the common question of whether the labels at issue are unlawful unfair deceptive or misleading to reasonable consumers (C) recognizing purpose of ccpa as protection of consumers from unfair illegal or deceptive acts (D) holding that recovery under the north carolina unfair and deceptive trade practices act is limited to those situations when a plaintiff can show that plaintiff detrimentally relied upon a statement or misrepresentation and he or she suffered actual injury as a proximate result of defendants deceptive statement or misrepresentation (E) holding that actual reliance is not required to establish injury under nc gen stat 5863151 2001 which governs the unfair methods of competition and unfair and deceptive acts or practices in the business of insurance
answer:
holding that a deceptive practice consists of a material representation or omission that is likely to mislead consumers acting reasonably under the circumstances