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:
Chief Judge: The appellant, Craig G. Falk, appeals from a July 8, 1996, Board of Veterans' Appeals (BVA or Board) decision denying his claim service connection for post-traumatic stress disorder (PTSD). As the appellant has limited his appeal to the denial of that claim, the Court deems the appellant to have abandoned his right to appeal with respect to the denial of entitlement to benefits under 38 U.S.C. 1151. Bucklinger v. Brown, 5 Vet.App. 435, 436 (1993); see also Carbino v. West, 168 F.3d 32, 34-35 (Fed.Cir.1999) (<HOLDING>). Upon consideration of the pleadings of the
Holding statements: (A) holding that an issue not presented to the trial court will not be considered on appeal (B) holding that issues not presented in an appellants initial brief to the court need not be considered under this courts rules (C) holding that claims not raised in an appellants initial brief to our court are waived (D) holding that issues not raised in an appellants initial brief are deemed abandoned (E) holding an appellant may not use the reply brief to argue issues not argued in the initial brief
answer:
holding that an issue not presented to the trial court will not be considered on appeal

question:
United States v. Griffith, 17 F.3d 865, 880 (6th Cir.1994). B. Sufficiency of the evidence K. Kennedy and Scarborough moved for judgments of acquittal at the close of the government's proof, arguing that the evidence presented was insufficient to sustain their convictions. See Fed. R.Crim.P. 29(a). The district court considered and denied the motions, and neither defendant renewed his or her respective motion at the close of all the evidence, see Swidan, 888 F.2d at 1080, or within 14 days after their guilty verdicts,' see Fed. R.Crim.P. 29(c)(1). They have thus failed to preserve their rights to challenge the sufficiency of the evidence in the absence of a miscarriage of justice. See Swidan, 888 F.2d at 1080; see also United States v. Faymore, 736 F.2d 328, 334 (6th Cir.1984) '(<HOLDING>).' Both K. Kennedy and Scarborough conceded at
Holding statements: (A) holding that failure to consider an improper jury instruction would constitute a miscarriage of justice (B) holding that the defendants insufficientevidence claim was barred by his failure to renew his rule 29 motion at the close of all the evidence because there was no manifest miscarriage of justice (C) holding that even when a defendant moves under rule 50 at the close of plaintiffs evidence and autocentro did not even do that if a defendant wishes to renew a motion for judgment as a matter of law at the posttrial stage with a view to having denial of that motion considered by the court of appeals the defendant is required to have moved for judgment as a matter of law at the close of all the evidence (D) holding that defendants failure to renew their motion for judgment as a matter of law which was denied by the district court when they made it at the close of the evidence limited the relief the appellate court could grant to a new trial (E) holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence
answer:
holding that failure to consider an improper jury instruction would constitute a miscarriage of justice

question:
F.3d 209, 213 (4th Cir.2004). The Fourth Circuit even characterized it "as a very close question" but concluded that a prima facie case had been made "because a reasonable trier of fact could conclude" there was causation. See id. (emphasis added). Additionally, the Fourth Circuit has held that establishing a prima facie case is, quite unremarkably, a "less onerous burden" than is conclusively establishing a causal connection. See Williams v. Cerberonics, Inc., 871 F.2d 452, 457 (4th Cir.1989); see also Karpel v. Inova Health Sys. Servs., 134 F.3d 1222, 1229 (4th Cir.1998) ("Although Karpel presents little or no direct evidence of a causal connection between her protected activity and Inova's adverse action, little is required."); McNaim v. Sullivan, 929 F.2d 974, 980 (4th Cir.1991) (<HOLDING>). But see, e.g., Kelley v. Goodyear Tire &
Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that where evidence showed plaintiffs supervisor considered transferring plaintiff the day before she was served with plaintiffs lawsuit there was no causal connection showing that the transfer was retaliatory (C) holding that the plaintiff failed to establish a prima facie case of retaliation because there was no evidence that the decisionmaker knew of the plaintiffs protected conduct (D) holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case (E) holding that the plaintiff made a prima facie case even though there was no evidence of causal connection other than the fact that the plaintiff was fired after bringing a lawsuit
answer:
holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence