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.
One example is below.
Q: Drapeau's cohorts, the cohort would be a "victim" of making the bomb. Further, firebombs are inherently dangerous. There is no peaceful purpose for making a bomb. Felony offenses that involve explosives qualify as "violent crimes" for purposes of enhancing the sentences of career offenders. See 18 U.S.C. 924(e)(2)(B)(ii) (defining a "violent felony" as: "any crime punishable by imprisonment for a term exceeding one year ... that ... involves use of explosives"). Courts have found possession of a'bomb to be a crime of violence based on the lack of a nonviolent purpose for a bomb and the fact that, by its very nature, there is a substantial risk that the bomb would be used against the person or property of another. See United States v. Newman, 125 F.3d 863 (10th Cir.1997) (unpublished) (<HOLDING>); United States v. Dodge, 846 F.Supp. 181,, Holding statements: (A) holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1 (B) holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence (C) holding that sexual assault of a child qualified as crime of violence under 18 usc 16 (D) holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b (E) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16
A: holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence
Rationale: It's a good example. Based on the given prompt, holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1 is correct.
Q: created doctrine of issue exhaustion. See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no "suggestion] of any legislative intent to require exhaustion of the FIFRA remedy before seeking relief under the ESA"); Coal. for Sustainable Res., 48 F.Supp.2d at 1312 & n. 6 (plaintiff suing under ESA citizen suit provision was not required to go through "administrative adjudication process"); Ky. Heartwood, 20 F.Supp.2d at 1091 (stating that "exhaustion of administrative remedies is not a mandatory precondition to filing suit for a violation of the ESA" (emphasis added)); Silver, 924 F.Supp. at 987 (60-day notice in ESA citizen suit provision excuses plaintiffs from having to exhaust administrative remedies prescribed in agency's regulations); see also Sims, 530 U.S. at 112, 120 S.Ct. 2080 (<HOLDING>). To the extent that AFRC is arguing that it
Holding statements: (A) holding exhaustion requirement inapplicable when requiring exhaustion would be futile (B) holding that excessive force claims are not subject to exhaustion requirement (C) recognizing that issue exhaustion is a mandatory although not jurisdictional requirement (D) recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different (E) holding that issue exhaustion is mandatory even if not a statutory jurisdictional requirement
A:
holding exhaustion requirement inapplicable when requiring exhaustion would be futile