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 Input:
how much more of a connection to interstate commerce, if any, must be shown under a substantial rather than a de minimis standard. See Russell, 471 U.S. at 859-60 n. 4, 105 S.Ct. 2455 (suggesting in a pre-Lopez opinion that, under the Commerce Clause, Congress could only reach criminal activity " 'substantially affecting interstate commerce.' "). It is clear, however, that the direct interstate connection required by Instruction 10 is much more substantial than the indirect interstate connection articulated by the government and disapproved of by the Court in Lopez. In Lopez, the connections articulated by the government between the possession of a firearm in a local school zone and interstate commerce were, to say the least, attenuated. See Lopez, 514 U.S. at 567, 115 S.Ct. 1624 (<HOLDING>); see also Hicks, 106 F.3d at 189 (describing
Holding statements: (A) holding that a reasonable inference need not be the sole possible inference (B) holding that adverse inference rule is permissive (C) recognizing that a vital fact may not be established by piling inference upon inference (D) holding that the nonmovant need not be given the benefit of every inference but only of every reasonable inference (E) recognizing that to uphold the government contentions would require the court to pile inference upon inference

Ex Output:
holding that a reasonable inference need not be the sole possible inference

Ex Input:
Abreu's App. at 1878.) The defendants do not challenge now, nor did they contest at trial, the accuracy of these statements as related to the bank statements. The declaration that the bank statements were kept in the ordinary course of the banks' businesses did not add to the Government's case against the defendants for submitting false loan applications. It was the information contained in the bank statements themselves, which is not contested on appeal, that the Government relied upon to make its case. The authenticity of the bank statements has never been challenged, and the admission of the statements contained in the Rule 902(11) Certifications as related to the bank statements simply had no effect on the verdict. Cf. United States v. Reifler, 446 F.3d 65, 87 (2d Cir.2006) (<HOLDING>); Government of Virgin Islands v. Joseph, 964
Holding statements: (A) holding erroneous admission of evidence not harmless beyond a reasonable doubt where the only other evidence against defendant was the uncorroborated testimony of a cooperating witness of questionable credibility (B) holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt (C) holding the admission of plea allocutions of codefendants to be harmless against a crawford challenge where the government did not emphasize the allocutions which were used only as corroboration for other evidence showing the existence of an enterprise in a rico case (D) holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record (E) holding that trial courts error in failing to sua sponte give instruction was harmless because state did not emphasize this evidence in closing argument and evidence of appellants guilt was otherwise overwhelming

Ex Output:
holding erroneous admission of evidence not harmless beyond a reasonable doubt where the only other evidence against defendant was the uncorroborated testimony of a cooperating witness of questionable credibility

Ex Input:
Feb.9, 2005). We need not reach this argument, however, because Outlook has not raised it and has not put forth any defenses that it would be able to assert but for the clause making the agreement "absolute and unconditional." Instead, Outlook asserts through the affirmative defense of fraud in the inducement and a counterclaim of fraudulent misrepresentation that fraudulent misrepresentations caused it to enter the agreement. This was the only argument made by Outlook both in resistance to summary judgment before the district court and reasserted on appeal. Because this is a defense to contract formation, it may be raised despite the hell-or-high-water clause or a waiver-of-defenses clause. See Colo. Interstate Corp. v. CIT Group/Equip. Fin., Inc., 993 F.2d 743, 749 (10th Cir.1993) (<HOLDING>); Uniform Commercial Code 2A-407, cmt. 5
Holding statements: (A) holding state law fraud and deceit claims to be preempted (B) holding hellorhighwater clause enforceable in the absence of fraud or deceit (C) holding that in the context of federal immigration law the amount of loss to the victim of fraud or deceit does not refer to an element of the fraud or deceit but rather refers to the particular circumstances in which an offender committed fraud or deceit (D) holding rla duty of fair representation claim preempts identical state law claims of fraud and deceit (E) holding that promissory estoppel is applicable only in the absence of an enforceable contract

Ex Output:
holding state law fraud and deceit claims to be preempted