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.

by jury is a fundamental guaranty of the rights and liberties of the people. C Prudential that the right to trial by jury is a constitutional right means that the starting point of our analysis is a presumption against the waiver of this constitutional right. See, e.g., Aetna Ins. Co., 301 U.S. at 393, 57 S.Ct. at 811-12; In re Prudential, 148 S.W.3d at 132 (giving right to trial by jury "same protections as other constitutional rights"); accord Ex parte Cupps, 782 So.2d 772, 775 (Ala.2000) (construing scope of contractual jury waiver strictly and narrowly "in deference to the constitutional guarantee of the right to a jury trial"); see also Note, 58 Baylor L.Rev. at 259. But see Lowe Enters. Residential Partners, L.P. v. Eighth Judicial Dist. Ct., 118 Nev. 92, 40 P.3d 405, 410 (2002) (<HOLDING>). Despite the existence of a presumption
Holding statements: (A) holding that prospective waivers of claims are void as against public policy (B) holding that the government was not bound by its waivers in three prior contracts (C) holding that german law presumptively confers joint custody upon both parents until a court enters a contrary order (D) holding without reference to supreme court case law to the contrary that in nevada contractual jury waivers are presumptively valid (E) holding appellate waivers are enforceable if invoked by the government
holding that prospective waivers of claims are void as against public policy

prejudice. Common v. W. Suburban Hosp. Med. Ctr., 301 Ill.App.3d 939, 235 Ill.Dec. 158, 704 N.E.2d 731, 738-39 (1998) (emphasis added) (citations omitted) (internal quotation marks omitted). We quoted Common and echoed its sentiment in Sherrod v. Lingle, 223 F.3d 605, 614 (7th Cir.2000), where we held that a district court's failure to permit a plaintiff to amend his complaint in order to comply with section 2-622 was an abuse of discretion. Second, although the district court believed that plaintiffs' counsel should have known to submit an affidavit and report in accordance with section 2-622, it made no specific finding that the failure to do so was in bad faith or an attempt to delay litigation. See Cookson v. Price, 393 Ill.App.3d 549, 333 Ill.Dec. 22, 914 N.E.2d 229, 232 (2009) (<HOLDING>). Further, it did not explain whether or in
Holding statements: (A) holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a (B) holding no jurisdiction where appellant argued report was no report because it failed to mention appellant in any substantive way but trial court found report was merely deficient on element of causation as to appellant and granted extension (C) holding that it was error for the trial court to refuse to permit plaintiff to amend his complaint to include a new affidavit and report complying with section 2622 where there was no indication that the plaintiffs failure to file the report earlier in the litigation was in bad faith (D) holding that the trial courts failure to dismiss the action to quiet title was error because the plaintiff was not in possession of the land in question but the error was not fatal to the claim because the superior court could sua sponte amend the pleadings to include an action in ejectment (E) holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel
holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a

portion of the same law." Mackey v. Lanier Collection Agency & Serv., Inc., 486 U.S. 825, 837, 108 S.Ct. 2182, 2189, 100 L.Ed.2d 836 (1988) (citing cases). In this case, the only interpretation of Section 402 that does not make clause (b) meaningless is that the CRA is applicable to all cases which are filed after, or which are pending at the time of, its enactment, with the exception of Wards Cove. Moreover, courts have held that where "Congress enacts [a] statute to clarify the Supreme Court's interpretation of previous legislation thereby returning the law to its previous posture," the act should be given retroactive effect. Ayers v. Allain, 893 F.2d 732, 754-55 (5th Cir.1990), reh'g granted, en banc 898 F.2d 1014 (1990). Accord Mrs. W. v. Tirozzi, 832 F.2d 748, 755 (2d Cir.1987) (<HOLDING>); Lussier v. Dugger, 904 F.2d 661, 665-66 (11th
Holding statements: (A) holding that amendments to education of the handicapped act should be applied retroactively since they codified congressional purpose which congress believes the supreme court had misinterpreted (B) holding that the protect act amendments to the standard of review apply retroactively (C) holding legislature was required to provide a system of free education to the public including programs for the handicapped (D) holding that only the amendments listed in lb110c may be applied retroactively using a 3582c2 motion (E) holding that the 1986 amendments may not be applied retroactively to cut off a defense which existed under the old law
holding that the protect act amendments to the standard of review apply retroactively