TASK DEFINITION: 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.
PROBLEM: reviews de novo the application of the law to those facts." Mungin v. State, 982 So.2d 986, 998 (Fla.2006). A. Stipulating to Evidence for the Motion to Suppress Parker's May 7, 1982, Statement In this claim, Parker contends that trial counsel was ineffective for stipulating to the evidence used to decide whether his May 7, 1982, statement was admissible. Parker's May 7 statement was admitted during the resentencing proceeding through the testimony of Detective Powers. Because Parker had invoked his right to counsel prior to making the May 7 statement, the admissibility of that statement under United States Supreme Court precedent turns on whether Parker initiated the May 7 contact with law enforcement. See Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (<HOLDING>). The stipulated evidence included hearsay
Holding statements: (A) holding that under the fifth amendment once an accused person in custody has expressed his or her desire to deal with the police only through counsel that person is not subject to further interrogation by the authorities until counsel has been made available unless the accused himself initiates further communication exchanges or conversations with the police (B) holding that when an accused has invoked his right to have counsel present during custodial interrogation a valid waiver of that right cannot be established by showing only that he responded to further policeinitiated custodial interrogation even if he has been advised of his rights an accused having expressed his desire to deal with the police only through counsel is not subject to further interrogation by the authorities until counsel has been made available to him unless the accused himself initiates further communication exchanges or conversations with the police (C) holding that edwards precludes further interrogation unless he the accused himself initiates further communications (D) holding that subsequent to an invocation of counsel the edwards per se rule does not apply if an accused himself initiates further communication exchanges or conversations with the police (E) holding that an accused who has invoked the right to counsel is not subject to further interrogation unless the accused himself initiates further communication exchanges or conversations with the police

SOLUTION: holding that when an accused has invoked his right to have counsel present during custodial interrogation a valid waiver of that right cannot be established by showing only that he responded to further policeinitiated custodial interrogation even if he has been advised of his rights an accused having expressed his desire to deal with the police only through counsel is not subject to further interrogation by the authorities until counsel has been made available to him unless the accused himself initiates further communication exchanges or conversations with the police

PROBLEM: reasonably necessary. We affirm. Jurisdiction in the district court was proper based upon 18 U.S.C. 3231. Jurisdiction in this court is proper based upon 28 U.S.C. 1291. The notice of appeal was timely filed pursuant to Fed. it.App. P. 4(b). Background In the underlying criminal matter, defendant was indicted on August 22, 1995, on one count of possession of materials involving the sexual exploitation of a minor, in violation of 18 U.S.C. 2252(a)(4)(B). The indictment was based on three sexually explicit photographs, found in defendant's home, which he had taken of his twelve-year-old stepdaughter. Defendant was tried before a jury and found guilty. On appeal, this court vacated the conviction based upon an evidentiary issue. United States v. Heidebur, 122 F.3d 577 (8th Cir.1997) (<HOLDING>). On remand, defendant pled guilty. On January
Holding statements: (A) holding that district courts admission of evidence that defendant had sexually molested his stepdaughter was improper because it showed propensity and was not probative of his knowing possession of the photographs (B) holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice (C) recognizing trial courts discretion in weighing the allegedlyimproper prejudicial aspects of photographs of victims against the photographs probative value (D) holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with (E) holding that district courts findings were not clearly erroneous where there was sufficient evidence that the defendants waiver of his rights was knowing and intelligent

SOLUTION: holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice

PROBLEM: Bac-A v. West, 13 Vet.App. 308, 311 (2000) (providing that even prior to the Court's clarification of the caselaw governing compliance with Board remands, "there was ample regulatory language and case law requiring the Board to assure that its adjudication was undertaken only after the compilation of an adequate record"). Additionally, the Secretary has not demonstrated how the manner in which the Court reviews the Board's findings of fact is in any way relevant to the Board's responsibility to ensure that the Secretary carries out his obligation to assist the veteran in processing his claim, to return a medical opinion where it is inadequate, and provide an adequate statement supported by a reasonable basis in both fact and in law. See Pierce, 487 U.S. at 565, 108 S.Ct. 2541 (<HOLDING>); Douglas v. Shinseki, 23 Vet.App. 19, 26
Holding statements: (A) holding that the governments position must be justified to a degree that could satisfy a reasonable person and have a reasonable basis in both law and fact citations omitted (B) holding that congress did not want the substantially justified standard to be read to raise a presumption that the government position was not substantially justified simply because it lost the case citations omitted (C) holding that given creditors pro se status the complaint was substantially justified as it had a reasonable basis in fact and law and it would be unjust to penalize her for having only a lay persons knowledge of the law (D) holding that the governments position must have a reasonable basis in both law and fact citations omitted (E) holding that for the administrative position of the government to be substantially justified it must have a reasonable basis both in law and fact

SOLUTION:
holding that the governments position must be justified to a degree that could satisfy a reasonable person and have a reasonable basis in both law and fact citations omitted