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: to facilitate William's pick ups and returns of the children. The record reflects that Lacey, out of distrust, often would record her interactions with William. William admitted that he routinely avoids interaction with Lacey unless necessary. After reviewing the record under the applicable standard of review, we conclude the trial court did not abuse its discretion in determining that the circumstances of the children or a conservator have materially and substantially changed since rendition of the divorce decree and that it is in the children's best interests to modify the decree to give Lacey the exclusive right to consent to psychiatric and psychological treatment of the children. See Swaab v. Swaab, 282 S.W.3d 519, 534 (Tex.App.-Houston [14th Dist.] 2008, pet. dism'd w.o.j.) (<HOLDING>); Baltzer, 240 S.W.3d at 477 (holding that
Holding statements: (A) holding that trial court did not abuse its discretion by granting such a temporary injunction (B) holding that the trial court did not abuse its discretion in granting mother the exclusive right to consent to all psychiatric and psychological treatment of the child (C) holding district court did not abuse its discretion in not granting plaintiffs leave to amend complaint for a third time (D) holding trial court did not abuse its discretion in finding violation was willful and substantial (E) holding that the trial court did not abuse its discretion in changing the surname of the child where the court made factual findings that the name change would be in the best interest of the child

Answer: holding that trial court did not abuse its discretion by granting such a temporary injunction

Question: it is not plainly erroneous or inconsistent with the regulation"). B. Whether the FDIC Properly Determined the Amount of Deposit Insurance to Which Plaintiffs Were Entitled under the Regulations Applicable on August 8, 2008 18. The FDIC's deposit insurance determinations are governed the regulations set forth in 12 C.F.R. Part 330. Regulations governing recognition of deposit ownership and fiduciary relationships note that, except in circumstances not relevant here, when "determining the amount of insurance available to each depositor, the FDIC shall presume that deposited funds are actually owned in the manner indicated on the deposit account records of the insured depository institution." 12 C.F.R. 330.5(a)(1). See also Villafane-Neriz v. F.D.I.C., 75 F.3d 727, 731 (1st Cir.1996) (<HOLDING>). "Deposit account records" include "account
Holding statements: (A) holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account (B) holding that the fdic is entitled to rely exclusively on the account records of the failed institution and that while ownership under state law is one prerequisite for insurance coverage the deposit account records are controlling (C) holding that when state law prohibited discovery of records of a medical review committee the district court should have determined whether the records came within the statutes coverage and if so whether the right of access nevertheless outweighed the public policy expressed by state law (D) holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate (E) holding that records relating to a student court were not education records

Answer: holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account

Question: does not logically support the inference that his decision to direct Collins to fire plaintiff was racially motivated. The evidence showed that Garr believed coworker reports of sexual harassment, warned plaintiff verbally and in writing, and fired him upon determining that McCauley's complaint was credible. Moreover, there was no evidence that defendant had labeled plaintiff as a troublemaker because of his complaints, or that there was any connection between those complaints and his discharge. Thus, even if the allegations of sexual harassment were false, plaintiff failed to demonstrate that it was his race, and not the allegations of sexual harassment, that motivated defendant's decision to discharge him. See Elrod v. Sears, Roebuck and Co., 939 F2d 1466, 1470-71 (11th Cir 1991) (<HOLDING>). Plaintiff's subjective perception that he was
Holding statements: (A) holding that a plaintiff has not demonstrated that the employers reason for terminating him was pretextual if the employer reasonably believed the complaint of sexual harassment lodged against the plaintiff and acted on it in good faith (B) holding that where the employer fired the plaintiff upon a good faith belief that he sexually harassed coworkers the plaintiff could not prove pretext by challenging the harassment allegations (C) holding that a plaintiff may rely on the same evidence to prove both pretext and discrimination (D) holding that the test for good faith is the actual belief of the party and not the reasonableness of that belief (E) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false

Answer:
holding that a plaintiff has not demonstrated that the employers reason for terminating him was pretextual if the employer reasonably believed the complaint of sexual harassment lodged against the plaintiff and acted on it in good faith