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.
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on the circuit court orders and the statements of defense counsel at the hearing. We hold that neither the doctors nor the trial court could rely on facts and legal conclusions within the circuit court orders. Thus, the doctors' assertions at the hearing, which were based on facts within the orders, constituted factual statements of counsel. Moreover, the orders were, in effect, memoranda submitted by counsel. In any event, the trial court could not properly consider factual statements from either when deciding the motions, however they are characterized. Cf. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995) (noting that the ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint); Gilmore, 290 S.C. 53, 348 S.E.2d 180 (<HOLDING>). This is not to say that circuit court orders
Holding statements: (A) holding that the judge cannot consider factual statements of counsel in a motion for summary judgment (B) holding that unsworn statements may not be considered on a motion for summary judgment (C) holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment (D) holding that motion to dismiss cannot be treated as summary judgment (E) holding that conclusory statements without factual support are of no value to the court when deciding a summary judgment motion
answer:
holding that unsworn statements may not be considered on a motion for summary judgment

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(Tex.2010) (orig. proceeding). Failure to exhaust administrative remedies creates a jurisdictional bar to proceeding with the claim. See City of Waco v. Lopez, 259 S.W.3d 147, 154 (Tex.2008) ("[Njoncompliance [with Chapter 21's administrative procedures] deprives courts of subject-matter, jurisdiction."); Smith v. Univ. of Tex. Sw. Med. Ctr. of Dallas, 101 S.W.3d 185, 188 (Tex.App.-Dallas 2003, no pet.). A would-be Chapter 21 claimant must first file an administrative complaint with the civil rights division of the Texas Workforce Commission. See Tex. Lab.Code Ann. 21.201(a) .(stating that an aggrieved person "may file a complaint with the commission"); id. 21.0015 (defining "commission" as "the Texas Workforce Commission civil rights division"); Schroeder, 813 S.W.2d at 486-88 (<HOLDING>). The complaint must be filed "not later than
Holding statements: (A) holding use of word may generally indicates permissive rather than mandatory intent (B) holding that a states use of the word shall is mandatory language (C) holding that exhaustion is mandatory and jurisdictional (D) holding that administrative exhaustion is mandatory despite legislatures use of the word may (E) recognizing that exhaustion is mandatory and jurisdictional
answer:
holding use of word may generally indicates permissive rather than mandatory intent

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sentencing him to life imprisonment was not erroneous. C. The district court's failure to consider making Sanchez's life sentence concurrent with his state term of imprisonment Sanchez argues that the district court erred in finding that it lacked discretion to make his federal life sentence concurrent with his current state term of imprisonment. The government concedes that the district court erred in finding it had no discretion, 2003 WL 22706781 at *275; see also United States v. Arellano-Torres, 303 F.3d 1173, 1181 (9th Cir.2002), but argues that any error is harmless because Sanchez will spend the rest of his life in prison whether the federal sentence runs concurrent with or consecutive to his state sentence. See United States v. Mendoza, 121 F.3d 510, 513-14 (9th Cir.1997) (<HOLDING>). In light of the government's concession that
Holding statements: (A) holding that prejudice is shown where a sentencing error may affect the determination of sentence (B) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (C) holding that an incorrect guidelines calculation generally requires a remand for resentencing unless we conclude on the record as a whole that the error did not affect the district courts selection of the sentence imposed citation omitted (D) recognizing that if a guidelines error did not affect the district courts selection of the sentence imposed the sentence should be affirmed (E) holding that an error is harmless where it is highly probably that the error did not affect the outcome of the case
answer:
holding that prejudice is shown where a sentencing error may affect the determination of sentence