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.

Q: purpose of this Memorandum is to explain why the Court declined to do these things. As disclosed by plaintiff in its ex parte motion, the sale of decoding devices like those defendants are claimed to have offered and sold is prohibited by federal criminal statute, see 47 U.S.C. 553(b), as well as by Illinois criminal statute, see 720 ILCS 5/16-10(a)(4). Under the circumstances, information disclosing defendants' purchases and sales of the devices, the revenues obtained from those sales, the assets they now have that may have been derived from those sales, and the locations where they keep their records and other descrambling devices is, without question, information that might tend to incriminate the defendants. See, e.g., FTC v. H.N. Singer, Inc., 668 F.2d 1107, 1114 (9th Cir.1982) (<HOLDING>); SEC v. Rehtorik, 755 F.Supp. 1018, 1019
Holding statements: (A) holding that the fifth amendment did not apply to tribal government (B) holding the same with respect to violations of the fifth amendment (C) holding that abrogating the right to sell endangered eagles feathers did not implicate the fifth amendment (D) holding that the statement ill take the fifth was an assertion of the fifth amendment privilege (E) recognizing that preliminary injunction requiring defendant to disclose records might implicate fifth amendment

A: holding that the fifth amendment did not apply to tribal government
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Q: n. 7, 713 P.2d at 960 n. 7 (1986) ("Counsel has no right to cast upon the court the burden of searching through a voluminous record to find the ground of an objection. It is counsel's duty to cite accurately the portions of the record supporting counsel's position." (Internal citation omitted.)); Hoang, 93 Hawaii at 336, 3 P.3d at 602 (2000) ("Because the factual basis of [appellant's] alleged point of error is not part of the record on appeal, this court has no basis upon which to rule on the merits of his claim." (Citation omitted.)) Even if Appellants' allegations of fraudulent inducement are taken at face value, they fall short of "clear and convincing" evidence of fraudulent inducement. Honolulu Federal Savings & Loan Ass'n v. Murphy, 7 Haw. App. 196, 202, 753 P.2d 807, 812 (1988) (<HOLDING>). At a more fundamental level, they do not
Holding statements: (A) holding that a finding of fraud may be reversed only for clear error but that the finding must be judged in view of the clear and convincing burden of proof (B) holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied (C) holding that the standard of proving fraudulent inducement with respect to written contracts is extremely high and a written contract will be cancelled only in a clear ease of fraud supported by clear and convincing evidence citations omitted (D) holding that fraud on the court must be supported by clear unequivocal and convincing evidence (E) holding clear and convincing standard to prove fraud or fraudulent intent and preponderance of the evidence to prove other elements under 727

A: holding that a finding of fraud may be reversed only for clear error but that the finding must be judged in view of the clear and convincing burden of proof
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Q: persuaded. Only the District Court's erroneous dismissal of the 1981 claims enabled that court to re solve issues common to both claims, issues that otherwise would have been resolved by a jury. But for that erroneous ruling, this case would be indistinguishable from Beacon Theatres and Dairy Queen. It would be anomalous to hold that a district court may not deprive a litigant of his right to a jury trial by resolving an equitable claim before a jury hears a legal claim raising common issues, but that a court may accomplish the same result by erroneously dismissing the legal claim. Such a holding would be particularly unfair here because Lytle was required to join his legal and equitable claims to avoid the bar of res judicata. See Harnett v. Billman, 800 F. 2d 1308, 1315 (CA4 1986) (<HOLDING>). Our conclusion is consistent with this
Holding statements: (A) holding that res judicata barred conspiracy claim against defendant even though defendant had not been a party to the prior action because the civil conspiracy claim should have been adjudicated in a prior action and defendant as an alleged participant in the conspiracy would have been indispensable party to that adjudication (B) holding that a civil claim is barred by collateral estoppel even though the prior adjudication was in criminal proceedings and the parties are not the same because the matters were actually litigated and decided in the prior trial (C) holding that the doctrine of res judicata is applicable to defenses that could have been raised in a prior action (D) holding that prior adjudication barred a claim that arose out of the same transactions and that could have been raised in prior suit (E) holding that a prior suit and a subsequent suit between the same parties did not involve the same claim because the evidence necessary to sustain the subsequent suit was insufficient to entitle the plaintiff to relief in the prior suit

A:
holding that res judicata barred conspiracy claim against defendant even though defendant had not been a party to the prior action because the civil conspiracy claim should have been adjudicated in a prior action and defendant as an alleged participant in the conspiracy would have been indispensable party to that adjudication
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