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: alleged prejudice stems from the unavailability of witnesses, the Fourth Circuit explained in Jones what type of evidence is typically required: "[Cjourts have generally required that the defendant identify the witness he would have called; demonstrate, with specificity, the expected content of that witness' testimony; establish to the court's satisfaction that he has made serious attempts to locate the witness; and, finally, show that the information the witness would have provided was not available from other sources." 94 F.3d at 908; see also U.S. v. Cornielle, 171 F.3d 748, 752 (2nd Cir.1999) (recognizing that actual prejudice "is commonly demonstrated by the loss of documentary evidence or the unavailability of a key witness"); U.S. v. Scoggins, 992 F.2d 164, 167 (8th Cir.1993) (<HOLDING>); Sabath, 990 F.Supp. at 1014 (finding
Holding statements: (A) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (B) holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources (C) holding that defendant is under an obligation to give the government notice of an alibi witness even if defendant is unable to locate the witness (D) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (E) holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary

A: holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case
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Q: advertising regarding the digestive benefits of "Align," a daily food supplement. Plaintiff alleged that although Procter & Gamble promoted the "clinically proven" digestive benefits of "Align," in fact, there was no clinical data showing that Align improved digestion. The Rikos court held that the plaintiff had alleged "injury in fact" in the form of economic injury: "Plaintiff purchased Align in reliance on P & G's claims that the product provides defined health benefits, when these advertisements were allegedly false and deceptive.... Accordingly, Plaintiff maintains that [his] purchase of the product is the economic harm, because it was not provided as advertised." Id. at 530, at *5. See also In re Celexa and Lexapro Mktg. and Sales Practices Litig., 751 F.Supp.2d 277 (D.Mass.2010) (<HOLDING>). Defendants' reliance on "no-injury" products
Holding statements: (A) holding that the plaintiff sufficiently alleged injuryinfact where he alleged that the product an antidepression drug was unsatisfactory because it was inappropriate and not efficacious for his son (B) holding that the plaintiff had sufficiently alleged injuryinfact based on impact to sites that the plaintiff had visited in the past and planned to revisit each year in the future (C) holding that police chiefs son who alleged that he was denied an interview for a position because his father had criticized the local officials did not have standing to assert the first amendment rights of his father (D) holding that evidence of prior drug sales was sufficiently similar to the crimes charged to be probative of the fact that the defendant was not merely an innocent driver who was involved in the drug transaction by accident (E) holding that the plaintiff alleged sufficient facts in his complaint to state a claim for wrongful discharge where he alleged he was discharged due to his political affiliation and activities

A: holding that the plaintiff had sufficiently alleged injuryinfact based on impact to sites that the plaintiff had visited in the past and planned to revisit each year in the future
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Q: 56(c)). "A 'genuine' issue is one that could be resolved in favor of either party, and a 'material fact' is one that has the potential of affecting the outcome of the case." Calero-Cerezo v. U.S. Dep't. of Justice, 355 F.3d 6, 19 (1st Cir.2004) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). "The moving party 'bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact.' " DeNovellis v. Shalala, 124 F.3d 298, 306 (1st Cir.1997) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)); see also Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548 (<HOLDING>). "Once the moving party has pointed to the
Holding statements: (A) holding that if the movant cannot demonstrate conclusively that the nonmovant cannot prevail summary judgment is precluded (B) holding that in order for the movant to prevail on a summary judgment motion movant must either factually refute the affirmative defenses or establish that they are legally insufficient (C) holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances (D) holding that in summary judgment proceeding movant may prevail by averring that nonmoving party cannot establish an element essential to her case (E) recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case

A:
holding that if the movant cannot demonstrate conclusively that the nonmovant cannot prevail summary judgment is precluded
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