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: hard at Whirlpool, that is not a mitigating factor. Those are things that we are expected to do, all of us. We are expected to work hard at our jobs. We are expected to be involved in our children's lives. We are expected to be civil to the people that we work and live around. Those aren't mitigating factor[s]. Those are what every single human being should do. The Defendant is asking for extra credit because he did it sometimes. Appellant argues that these statements misled the jury because Arkansas neither defines nor limits mitigation by statute. And, in fact, he points to decisions by this court wherein the court has held that there is no requirement that the mitigating circumstances reduce culpability for the offense. See Pickens v. State, 292 Ark. 362, 730 S.W.2d 230 (1987) (<HOLDING>). He asserts that the prosecutor's remarks
Holding statements: (A) holding that a sentencer may not refuse to consider as a matter of law any relevant mitigating evidence (B) holding that sentencing scheme that permitted a limited range of mitigating evidence was unconstitutional because the eighth and fourteenth amendments require that the sentencer not be precluded from considering as a mitigating factor any aspect of a defendants character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death (C) holding that any relevant mitigating evidence concerning a defendants character should not be excluded (D) holding that relevant evidence supporting a defendants theory of defense should not be excluded unless no other remedy suffices (E) holding that a trial court must not preclude the jury from considering any aspect of the defendants character or circumstances as a mitigating factor

SOLUTION: holding that a sentencer may not refuse to consider as a matter of law any relevant mitigating evidence

PROBLEM: though it may be more expedient for the legislature to redraft the statute in its entirety. See Hill, 202 Ill. 2d at 156; McDougall, 389 Ill. at 155. Defendant further contends that the decision by another division of this appellate district in In re E.H., 355 Ill. App. 3d 564 (2005), which he claims held section 115 10 to be facially unconstitutional en toto, is "controlling." We begin by initially noting that defendant misstates the effect that the decision of one appellate court panel has upon the subsequent considerations of another. We are not bound by the decisions of the other divisions of this district so that even if E.H. held as defendant claims, it would not be "controlling" over our analysis. Muller v. Health & Hospital Governing Comm'n, 106 Ill. App. 3d 383, 386 (1982) (<HOLDING>), rev'd on other grounds, 93 Ill. 2d 543 (1983)
Holding statements: (A) holding res judicata applied to improper property division before holding parties were bound by their division agreement (B) holding that appellate court is not bound by the agencys interpretation of a statute or its determination of a strictly legal issue (C) holding that the attorney generals decision not to provide representation to an employee is reviewable by the appellate division not by the law division where the actions against the employee are pending (D) holding itself not bound by the opinion of another division of its own appellate district (E) holding that this court is not bound by decisions of the appellate division or the third circuit even where those decisions concern the same parties and legal issues

SOLUTION: holding res judicata applied to improper property division before holding parties were bound by their division agreement

PROBLEM: Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976). In her reply brief, Ms. Chediek attempts to defend her right to testify concerning her attorneys' fees and emotional distress by pointing out that these issues were noted in the magistrate judge's pretrial order. See United States v. Hougham, 364 U.S. 310, 315, 81 S.Ct. 13, 5 L.Ed.2d 8 (1960) ("That pretrial order, as authorized by Rule 16, conclusively established the issues of fact and law in the case...."); Smith v. Washington Sheraton Corp., 135 F.3d 779, 784 (D.C.Cir.1998); Johnson v. Geffen, 294 F.2d 197, 199-200 (D.C.Cir.1960). Because she made this argument for the first time in her reply brief, it is forfeited. See McBride v. Merrell Dow & Pharmaceuticals, Inc., 800 F.2d 1208, 1211 (D.C.Cir.1986) (<HOLDING>). Under the circumstances, the district court's
Holding statements: (A) holding that issues raised for the first time in a reply brief are not reviewable (B) holding arguments first raised in reply brief are forfeited (C) holding that issue raised for the first time in reply brief was waived (D) holding that arguments first raised in appellants reply brief were in answer to those raised in appellees brief and therefore refusing to strike those arguments (E) holding that we do not consider arguments raised for the first time in a reply brief

SOLUTION:
holding that issues raised for the first time in a reply brief are not reviewable