TASK DEFINITION: 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.
PROBLEM: (Tex.2010) (orig. proceeding). Failure to exhaust administrative remedies creates a jurisdictional bar to proceeding with the claim. See City of Waco v. Lopez, 259 S.W.3d 147, 154 (Tex.2008) ("[Njoncompliance [with Chapter 21's administrative procedures] deprives courts of subject-matter, jurisdiction."); Smith v. Univ. of Tex. Sw. Med. Ctr. of Dallas, 101 S.W.3d 185, 188 (Tex.App.-Dallas 2003, no pet.). A would-be Chapter 21 claimant must first file an administrative complaint with the civil rights division of the Texas Workforce Commission. See Tex. Lab.Code Ann. 21.201(a) .(stating that an aggrieved person "may file a complaint with the commission"); id. 21.0015 (defining "commission" as "the Texas Workforce Commission civil rights division"); Schroeder, 813 S.W.2d at 486-88 (<HOLDING>). The complaint must be filed "not later than
Holding statements: (A) holding use of word may generally indicates permissive rather than mandatory intent (B) holding that a states use of the word shall is mandatory language (C) holding that exhaustion is mandatory and jurisdictional (D) holding that administrative exhaustion is mandatory despite legislatures use of the word may (E) recognizing that exhaustion is mandatory and jurisdictional

SOLUTION: holding use of word may generally indicates permissive rather than mandatory intent

PROBLEM: is outside the ambit of the Fifth Amendment." Id. at 891. Specifically, we held: Recall that in the majority of those cases, the court specifically considered whether the defendant invoked the right to remain silent and concluded that the defendant's statement or action was an invocation of the right. See Combs [v. Coyle, 205 F.3d 269, 286 (6th Cir.2000), reh'g denied, cert. denied, 531 U.S. 1035, 121 S.Ct. 623, 148 L.Ed.2d 533 (2000)]; [United States v. Burson, 952 F.2d 1196, 1200 (10th Cir.1991), cert. denied, 503 U.S. 997, 112 S.Ct. 1702, 118 L.Ed.2d 411 (1992)]; Coppola [v. Powell, 878 F.2d 1562, 1567 (1st Cir.1989), cert. denied, 493 U.S. 969, 110 S.Ct. 418, 107 L.Ed.2d 383 (1989)]; see also Berghuis v. Thompkins, 560 U.S. 370, 130 S.Ct. 2250, 2260, 176 L.Ed.2d 1098 (2010) (<HOLDING>)[, reh'g denied ]. Based on these cases and the
Holding statements: (A) holding that during police interrogation right to remain silent must be invoked unambiguously (B) holding that a defendant who is subject to custodial interrogation must be advised in clear and unequivocal language of his constitutional right to remain silent and his right to a lawyer (C) holding that a suspect who wants to invoke his or her right to remain silent must do so unambiguously (D) holding that police may continue questioning a suspect until he unambiguously invokes his right to remain silent (E) holding that an accused must unambiguously invoke the right to remain silent

SOLUTION: holding that a defendant who is subject to custodial interrogation must be advised in clear and unequivocal language of his constitutional right to remain silent and his right to a lawyer

PROBLEM: to light and be appropriately remedied if the person who is suffering from this inadequacy is not permitted to do so. Simply ignoring a pretrial assertion of ineffectiveness of counsel means that the claim is left to be taken up in post conviction relief proceedings. Graves, 642 So.2d at 144. We do not believe this reasoning extends to a motion to disqualify. Unlike a motion to dismiss counsel, the effectiveness of the defendant's court-appointed attorney is not at issue, and the attorney has no incentive to refrain from adopting his client's motion if that claim has any merit. If counsel chooses not to adopt the pro se motion, the defendant may opt to represent himself and file the motion to disqualify at that time. See Logan, 846 So.2d at 475. 15 . See Nelson, 274 So.2d at 258-59 (<HOLDING>), approved of in Hardwick v. State, 521 So.2d
Holding statements: (A) holding that when a defendant raises a claim on direct appeal that trial counsel was ineffective defendant bears the burden of assuring record is adequate (B) holding that when a defendant raises a claim of ineffective assistance of counsel the trial judge must conduct an inquiry into the claim (C) holding that a defendant must show actual prejudice to succeed on an ineffective assistance of counsel claim (D) recognizing a constitutional claim for ineffective assistance of counsel (E) holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate

SOLUTION:
holding that when a defendant raises a claim on direct appeal that trial counsel was ineffective defendant bears the burden of assuring record is adequate