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:
198, 15, 761 A.2d 291 (adopting the view that we should not "anticipate a question of constitutional law in advance of the necessity of deciding it" (quotation marks omitted)). 12 . In fact, the court already could have terminated the guardianship. The mother represented in her first four affidavits that the child's father was unknown. There is now no dispute that she believed R.M. to be the father, and informed him and the court of that fact just weeks after filing her affidavit. When, in January of 2010, the court realized that the father had been identified, it could have terminated the guardianship because it was based on the fraud or misrepresentation of the mother. See 18-A M.R.S. 5-204; M.R. Civ. P. 60(b)(3); Presnell v. Peoples Heritage Bank, 619 A.2d 1205, 1206 (Me.1993) (<HOLDING>). Indeed, the guardianship may no longer exist
Holding statements: (A) recognizing the courts inherent sua sponte powers in certain circumstances to allow it to manage its own affairs so as to achieve the orderly and expeditious disposition of cases in the furtherance of justice quotation marks omitted (B) recognizing inherent power in the courts to preserve the efficient and expeditious administration of justice and protect it from being impaired or destroyed (C) recognizing a district judge may dismiss a case sua sponte under either rule 41b or its inherent authority to manage its docket (D) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte (E) holding that the right to choose counsel cannot be manipulated so as to obstruct the orderly procedure in the courts or to interfere with the fair administration of justice
answer:
recognizing inherent power in the courts to preserve the efficient and expeditious administration of justice and protect it from being impaired or destroyed

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it is not plainly erroneous or inconsistent with the regulation"). B. Whether the FDIC Properly Determined the Amount of Deposit Insurance to Which Plaintiffs Were Entitled under the Regulations Applicable on August 8, 2008 18. The FDIC's deposit insurance determinations are governed the regulations set forth in 12 C.F.R. Part 330. Regulations governing recognition of deposit ownership and fiduciary relationships note that, except in circumstances not relevant here, when "determining the amount of insurance available to each depositor, the FDIC shall presume that deposited funds are actually owned in the manner indicated on the deposit account records of the insured depository institution." 12 C.F.R. 330.5(a)(1). See also Villafane-Neriz v. F.D.I.C., 75 F.3d 727, 731 (1st Cir.1996) (<HOLDING>). "Deposit account records" include "account
Holding statements: (A) holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account (B) holding that the fdic is entitled to rely exclusively on the account records of the failed institution and that while ownership under state law is one prerequisite for insurance coverage the deposit account records are controlling (C) holding that when state law prohibited discovery of records of a medical review committee the district court should have determined whether the records came within the statutes coverage and if so whether the right of access nevertheless outweighed the public policy expressed by state law (D) holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate (E) holding that records relating to a student court were not education records
answer:
holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account

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no real purpose," unnecessarily expends the "energy and time of courts and litigants," and risks the introduction of potentially inflammatory, irrelevant evidence into the record. Id. The court also explained that once an employer concedes it is vicariously liable for any negligence of its employee, the employer becomes strictly liable to the plaintiff for damages attributable to the employee's conduct, regardless of the percentage of fault as between the employer and the employee. Id. 25 Several state supreme courts have adopted the rule articulated in McHaffie, and numerous intermediate appellate courts and federal district courts in other jurisdic tions have applied the McHaffie rule as well. But see, e.g., James v. Kelly Trucking Co., 377 S.C. 628, 661 S.E.2d 329, 332 (2008) (<HOLDING>). Although this case presents an issue of first
Holding statements: (A) holding that where employer acknowledges respondeat superior liability for the conduct of its employee direct negligence claims become duplicative (B) holding that employees violation of his employers policy against drinking on the job does not preclude liability under respondeat superior (C) holding that a plaintiffs direct negligence claims against an employer are not precluded by the employers admission of respondeat superior liability (D) holding that employees defamatory statements made at work about matters relating to work were within the scope of their employment for purposes of respondeat superior and recognizing that californias respondeat superior doctrine imposes a broad rule of liability on employers (E) recognizing respondeat superior liability
answer:
holding that where employer acknowledges respondeat superior liability for the conduct of its employee direct negligence claims become duplicative