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: first, that under New Jersey law a plaintiff assumes the risk of voluntarily participating in a sporting activities, citing Meistrich v. Casino Arena Attractions, Inc., 31 N.J. 44, 155 A.2d 90 (1959) and Pona v. Blvd. Arena, 35 N.J.Super. 148, 113 A.2d 529 (App.Div.1955), and that Buglioli voluntarily participated in a "cat and mouse game." These cases provide no defense. First, the court knows of no decision after New Jersey adopted its comparative negligence statute interposing "assumption of risk" as a complete defense in a negligence action. To the contrary, a recent case arising from a contact sport accident formulated an appropriate rule by adjusting the standard of care, not by finding "assumption of risk." See, e.g., Crawn v. Campo, 257 N.J.Super. 374, 608 A.2d 465 (1992) (<HOLDING>). Second, the court finds no New Jersey case
Holding statements: (A) holding prison official must have acted with reckless disregard for the inmates safety (B) holding no evidence of reckless disregard for safety of others when officer entered intersection without stopping and witness did not hear brakes being applied (C) holding that an unlawful act committed with the intent to injure or in a grossly negligent manner that proximately causes death is involuntary manslaughter and that criminal liability is imposed in the latter instance because although the defendants acts are not inherently wrong the defendant has acted or failed to act with awareness of the risk to safety and in wilful disregard of the safety of others (D) holding in actions arising from a contact sport accident plaintiff must show defendant acted in reckless disregard of the safety of others or intentionally (E) holding that cjulpable negligence is negligence of a gross and flagrant character which evinces a reckless disregard for the safety of others

Answer: holding prison official must have acted with reckless disregard for the inmates safety

Question: Tax Court under subparagraph (A), until the decision of the Tax Court has become final. Rules similar to the rules of sec. 7485 shall apply with respect to the collection of such assessment. (ii) Authority to enjoin collection actions. Notwithstanding the provisions of sec. 7421(a), the beginning of such levy or proceeding during the time the prohibition under clause (i) is in force may be enjoined by a proceeding in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction under this subparagraph to enjoin any action or proceeding unless a timely petition has been filed under subparagraph (A) and then only in respect of the amount of the assessment to which the election under subsection (b) or (c) relates. 7 See Trent v. Commissioner, T.C. Memo. 2002-285 (<HOLDING>). 8 Respondent has adopted the following
Holding statements: (A) holding that the commissioner was not barred by sec 6330e1b from offsetting the taxpayers overpayments for later years against an earlier tax liability for which the taxpayer had claimed relief under sec 6015 (B) holding that it was not the taxpayers responsibility to pursue the different tax units to which the illegally levied county tax was proportioned as the taxpayer was entitled to recover the full amount of the tax from the county the collecting entity (C) holding that a fpaa is the functional equivalent of a notice of deficiency because it serves to afford affected taxpayers that the commissioner has made a final administrative determination of their liability for particular tax years (D) holding the rule against taxpayer standing applies both to federal taxpayers and state taxpayers challenging state tax or spending decisions simply by virtue of their status as state taxpayers (E) holding this court generally lacks jurisdiction over the sec 6651a2 addition to tax for failure to pay tax

Answer: holding that it was not the taxpayers responsibility to pursue the different tax units to which the illegally levied county tax was proportioned as the taxpayer was entitled to recover the full amount of the tax from the county the collecting entity

Question: in the murder. See Garafola, 2006 WL 963878, at *3-5. While the petitioner alleges that he is innocent of the murder of Edward Garofalo, as he did in the motion to withdraw his guilty plea, this conclusory allegation is insufficient. See Blackledge v. Allison, 431 U.S. 63, 74, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977) (The petitioner's "[s]olemn declarations in open court carry a strong presumption of verity [and] [t]he subsequent presentation of conclusory allegations unsupported by specifics is subject to summary dismissal.... "). The facts in the record, including the ir.2009) (same); Ferguson v. Sec'y for the Dep't of Corr., 580 F.3d 1183, 1218-20 (11th Cir. 2009) (same); Stanford v. Parker, 266 F.3d 442, 460-61 (6th Cir.2001) (same); Wedra v. Lefevre, 988 F.2d 334, 344 (2d Cir.1993) (<HOLDING>); Grey v. Hoke, 933 F.2d 117, 121 (2d Cir.1991)
Holding statements: (A) holding judicial recusal claim barred because of procedural default (B) holding that the novelty of a petitioners claim can constitute cause for a procedural default (C) holding that prosecutorial misconduct was harmless in the face of overwhelming evidence of guilt (D) holding prosecutorial misconduct claim barred by procedural default (E) holding that an ineffective assistance of counsel claim alleged to be cause for the procedural default of other claims is itself an independent claim subject to the procedural requirements of exhaustion

Answer:
holding judicial recusal claim barred because of procedural default