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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Question: 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

Question: to Richardson. 6 . In J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), the Supreme Court extended Batson and its progeny to prohibit the exercise of peremptory challenges on the basis of gender. 7 . The Slate also points out that the presiding judge in the instant case is an African American jurist. Judge Green's sensitivity and efforts to seat a constitutional and racially-diverse jury for defendant, is evidenced in the debate over Richardson. Even though the judge originally found the state's race-neutral reasons as to Richardson valid, he became concerned about the exclusion of African Americans from defendant's jury. However, the judge's race is not relevant to Batson analysis. See State v. Tilley, 99-0569, p. 8 (La.7/6/00), 767 So.2d 6, 15 (<HOLDING>). 8 . A discussion of the assignments of error
Holding statements: (A) holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case (B) holding that a criminal defendant can bring a third party challenge to the peremptory striking of jurors based on race whether or not he is of the same race as the jurors who are struck (C) recognizing that certain forms of race consciousness do not lead inevitably to impermissible race discrimination (D) holding that custody decision based on race is not justified (E) holding that the race of the prosecutor is irrelevant

Answer: holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case

Question: it from regulatory jurisdiction, which "extends to the entire surface and bed of all waterbodies subject to tidal action ... even though portions of such waterbodies may be extremely shallow." 33 C.F.R. 329.12(b). Once made, a determination of navigability applies over the entire surface of the water and "is not extinguished by later actions or events which impede or destroy the navigable capacity." 33 C.F.R. 209.260(c). Under this broad definition, the waters in which Gateway's piers stand are clearly navigable. There is ample authority that under the RHA the government can remove structures that were erected lawfully but subsequently found to be in navigable waters under the RHA. See, e.g., Greenleaf-Johnson Lumber v. Garrison, 237 U.S. 251, 35 S.Ct. 551, 59 L.Ed. 939 (1915) (<HOLDING>); Donnell v. U.S., 834 F.Supp. 19, 25-27
Holding statements: (A) holding that secretary of war could not be enjoined from redrawing harbor lines effectively forcing owner to remove 200 feet of lawfully constructed wharf that obstructed channel widening and deepening project (B) holding that a landowner whose property was taken in a highway widening project could recover only for the lost land and not for losses caused by traffic islands constructed as part of the same project (C) holding that loss of access resulting from a median strip constructed as part of a highway widening project was a proper consideration because any factor that has a present quantifiable effect on the market value of the property is proper as an element of damages (D) holding that corps may order wharf owners to remove portion of legally constructed wharf in navigable waters to allow for construction of dock (E) holding that even the war power does not remove constitutional limitations safeguarding essential liberties

Answer:
holding that a landowner whose property was taken in a highway widening project could recover only for the lost land and not for losses caused by traffic islands constructed as part of the same project