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:
reasonably necessary. We affirm. Jurisdiction in the district court was proper based upon 18 U.S.C. 3231. Jurisdiction in this court is proper based upon 28 U.S.C. 1291. The notice of appeal was timely filed pursuant to Fed. it.App. P. 4(b). Background In the underlying criminal matter, defendant was indicted on August 22, 1995, on one count of possession of materials involving the sexual exploitation of a minor, in violation of 18 U.S.C. 2252(a)(4)(B). The indictment was based on three sexually explicit photographs, found in defendant's home, which he had taken of his twelve-year-old stepdaughter. Defendant was tried before a jury and found guilty. On appeal, this court vacated the conviction based upon an evidentiary issue. United States v. Heidebur, 122 F.3d 577 (8th Cir.1997) (<HOLDING>). On remand, defendant pled guilty. On January
Holding statements: (A) holding that district courts admission of evidence that defendant had sexually molested his stepdaughter was improper because it showed propensity and was not probative of his knowing possession of the photographs (B) holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice (C) recognizing trial courts discretion in weighing the allegedlyimproper prejudicial aspects of photographs of victims against the photographs probative value (D) holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with (E) holding that district courts findings were not clearly erroneous where there was sufficient evidence that the defendants waiver of his rights was knowing and intelligent
answer:
holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice

question:
the in-state banking activities of these French and Japanese banks and Plaintiffs' claims arising from a terrorist attack that occurred in Israel with the support of the Iranian government. It certainly cannot be said that Plaintiffs' claims "directly arise" out of the banking activities of these local branches. See GCIU, 565 F.3d at 1024. Thus, under traditional legal principles, specific jurisdiction is lacking. Although the Seventh Circuit has not addressed this issue, two Circuits have reformulated the minimum-contacts inquiry in cases involving third-party discovery, focusing more narrowly "on the connection between the nonparty's contacts with the forum and the discovery order at issue." Gucci, 768 F.3d at 137; see also S.E.C. v. Knowles, 87 F.3d 413, 418 (10th Cir.1996) (<HOLDING>)., It is unclear whether this test is proper,
Holding statements: (A) holding that standing alone defendants 4 million in sales in the forum state over a sevenyear period may not have been sufficient to support the exercise of general jurisdiction but that the numerous other contacts with the forum in the case including advertising relationships with dealers and more than 150 visits tipped the balance and led the court to conclude that there were sufficient contacts to allow the exercise of general jurisdiction (B) holding that specific jurisdiction requires plaintiff to show that defendants forum contacts be related directly to the subject of the lawsuit (C) holding no specific jurisdiction where alleged tortious conduct was not related to defendants contacts with texas (D) holding that courts exercise of specific jurisdiction was proper where subpoena enforcement action arose out of nonpartys contacts with the forum (E) holding that personal jurisdiction over a party is proper if the party has sufficient minimum contacts with the forum
answer:
holding that standing alone defendants 4 million in sales in the forum state over a sevenyear period may not have been sufficient to support the exercise of general jurisdiction but that the numerous other contacts with the forum in the case including advertising relationships with dealers and more than 150 visits tipped the balance and led the court to conclude that there were sufficient contacts to allow the exercise of general jurisdiction

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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
answer:
holding exhaustion requirement inapplicable when requiring exhaustion would be futile