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: 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
Example Output: 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

Example Input: rights by initiating criminal proceedings against Mr. Pitt without probable cause. After trial, the district court granted judgment as a matter of law to the defendants on these claims. The court held that it is not "clearly established" that malicious prosecution is a violation of constitutional rights, and. thus the defendants are entitled to qualified immunity. We affirm. Section 1983 creates a cause of action to remedy certain deprivations of federal rights, but it is not a source of substantive rights. See Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979) (noting that "[section 1983] is not itself a source of substantive rights, but a method for vindicating federal rights elsewhere conferred by those parts of the United State 16 (2d Cir.1995) (<HOLDING>); Gallo v. City of Philadelphia, 161 F.3d 217,
Holding statements: (A) holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution (B) holding that the fourth amendment right implicated in a malicious prosecution action is the right to be free of unreasonable seizure of the person (C) holding sbm is not a violation of the defendants fourth amendment right to be free from unreasonable searches and seizures (D) holding that there is no fourteenth amendment substantive due process right to be free from malicious prosecution and suggesting that such a cause of action might lie under the fourth amendment (E) recognizing that an alleged deprivation of the right to be free from prosecution without probable cause might be judged under the fourth amendment
Example Output: holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution

Example Input: activities are sufficient, mere conclusory allegations of fraud are insufficient"). See also Walling v. Beverly Enters., 476 F.2d 393, 397 (9th Cir.1973) (concluding that allegations stating the time, place, and nature of allegedly fraudulent activities meet Rule 9(b)'s particularity requirement). Rule 9(b) "does not require nor make legitimate the pleading of detailed evidentiary matter," however. All that is necessary is "identification of the circumstances constituting fraud so that the defendant can prepare an adequate answer from the allegations." Walling, 476 F.2d at 397 (alleging in conclusory fashion that defendant's conduct was fraudulent was not sufficient under Rule 9(b)). See also Miscellaneous Serv. Workers Local #427 v. Philco-Ford Corp., 661 F.2d 776, 782 (9th Cir.1981) (<HOLDING>). 3. Whether Plaintiffs Lack Standing Under
Holding statements: (A) holding that rule does not apply where defendant made false representations (B) holding that specific details about time place and substance of the fraud satisfy rule 9b (C) holding that pleading fraud with particularity in this circuit requires time place and contents of the false representations as well as the identity of the person making the misrepresentation and what that person obtained thereby (D) holding that rule 9b requires a pleader to set forth the time place and specific content of the false representations as well as the identities of the parties to the misrepresentation (E) holding that the offense requires that the return be false as to a material matter
Example Output:
holding that rule does not apply where defendant made false representations