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: " Boone v. Commonwealth, 14 Va.App. 130, 133, 415 S.E.2d 250, 251 (1992). "A battery is an unlawful touching of another.... Whether a touching is a battery depends on the intent of the actor, not on the force applied." Adams v. Commonwealth, 33 Va.App. 463, 468-69, 534 S.E.2d 347, 350 (2000) (citation omitted). " '[T]he slightest touching of another ... if done in a rude, insolent, or angry manner, constitutes a battery for which the law affords redress.' " Id. at 469, 534 S.E.2d at 350 (citation omitted). Accordingly, where Vaughn claims he only intended to scare Robinson and did not intend to shoot or wound him, Vaughn would not be entitled, in my opinion, to have the jury instructed on assault and battery. See Wynn v. Commonwealth, 5 Va.App. 283, 292, 362 S.E.2d 193, 198 (1987) (<HOLDING>). A second theory supported by the evidence is
Holding statements: (A) holding that shooting at a person intending only to scare the person where no touching or wounding occurs supports instructing the jury on simple assault (B) holding that simple assault includes urinating on another (C) holding with no analysis that any person or organization who may be legally liable therefor applies to a person legally liable for injuries caused by an accident 4 when under the facts of the case the only person to whom the clause could have applied was a tortfeasor (D) holding that punching another person is a statutory assault (E) holding simple assault is a lesser included offense of recklessly endangering another person

Answer: holding that simple assault includes urinating on another

Question: appealed the judgment of the Court of Veterans Appeals to this court. On appeal the Secretary contends that the Court of Veterans Appeals erred by not deferring to the Department's reasonable interpretation of the statutory provisions governing claims for accrued benefits. The Secretary also disputes Mrs. Jones's assertion that this court lacks jurisdiction to hear this appeal. ANALYSIS I. Jurisdiction to hear appeals from final decisions of the Court of Veterans Appeals is conferred upon this court by 38 U.S.C. 7292 (1994). Under the express terms of that statute, however, we "may not review (A) a challenge to a factual determination, or (B) a challenge to a law or regulation as applied to the facts of a particular case." 38 U 625, 110 S.Ct. 2658, 2663-64, 110 L.Ed.2d 563 (1990) (<HOLDING>). Accordingly, we have jurisdiction to hear
Holding statements: (A) holding that a district courts remand order effectively invalidating certain regulations of the secretary of health and human services was an immediately appealable order (B) holding sanctions order pursuant to district courts inherent powers not immediately appealable (C) holding that an order of consolidation is interlocutory and not immediately appealable (D) holding that the denial of a motion to remand is interlocutory and not immediately appealable (E) holding such denial to be an immediately appealable collateral final order

Answer: holding sanctions order pursuant to district courts inherent powers not immediately appealable

Question: "[A]n action can 'affect' the exercise of powers by an agency without being aimed directly at [the agency]." Hindes v. FDIC, 137 F.3d 148, 160 (3d Cir.1998). In Hindes, the Third Circuit held that the protections afforded to receivers in 1821(j) extend to third parties. In rejecting the argument that 1821(j) does not apply to a non-FDIC third party, the court stated, "the statute, by its terms, can preclude relief even against a third party, including the FDIC in its corporate capacity, where the result is such that the relief 'restraints] or affect[s] the exercise of powers or functions of the [FDIC] as a conservator or a receiver.' " Id. (alterations in original) (quoting 12 U.S.C. 1821(j)). Cf. Telematics Int'l, Inc. v. NEMLC Leasing Corp., 967 F.2d 703, 707 (1st Cir.1992) (<HOLDING>). We agree with the reasoning in Hindes and
Holding statements: (A) holding that defendant defrauded fdic when actions diluted value of fdics security interest thereby being likely to frustrate and impair the fdics ability to realize the benefit of the interest (B) holding that section 363f applies only to in rem interests which have attached to the property by way of either the debtors consent to a security interest or the creditors attachment of the property resulting in a lien (C) holding that the doench doctrine protects the fdic even where the fdic does not have an interest in an asset (D) holding that 1821j applied to bar a claim seeking to attach a lien to a certificate of deposit in which the fdic had a security interest because the attachment would ultimately have an effect upon the fdics exercise of its powers as receiver (E) holding that while section 1825b2 does not extinguish an earlier lien or excuse the payment of a tax by the fdic it does deny the ability to use a lien on fdic property as a vehicle for collection of delinquent tax

Answer:
holding that defendant defrauded fdic when actions diluted value of fdics security interest thereby being likely to frustrate and impair the fdics ability to realize the benefit of the interest