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: where he admitted that other Dunkin' Donuts shops do sell soft drinks such as milk, juice or soda. See Trpko Taseski Depo., attached as Exh. 3B to plaintiffs motion, p. 61. Defendants' only response to plaintiffs argument regarding the inapplicability of the rider are these two brief sentences: "Plaintiffs cases are inappositive. The controlling principle of law is that money paid under a mistake of fact can be recouped in an action assumpsit." However, defendants' claim of a "mistake of fact" is unsupported by the record. To the contrary, the facts presented confirm that no mistake was made because defendants' were correct in voluntarily paying fees on the sales of such products. There is therefore no ground for an actio ranchise Guide (CCH) 11,290 (S.D.Fla. Oct. 30, 1997) (<HOLDING>). Defendants argue that the Michigan Franchise
Holding statements: (A) holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure (B) holding that although a reason was provided in the termination letter the without cause termination provision was applicable (C) holding that franchisees tax evasion scheme provided cause for termination (D) holding that franchisees illegal sale of cigarettes to minors provided cause for termination (E) holding that traditional commercial contract provided for termination at will under arkansas law

Answer: holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure

Question: the State argued that Wright and Jackson were the two shooters at the trials of Wright, Oglesby, and Jackson. The State denies that it presented mutually exclusive, false, or misleading evidence. It contends that the evidence permits two factual scenarios: the shooters were either Jackson and Wright or Jackson and defendant. This is not a case where the prosecutor destroyed the credibility of one witness to convict one defendant and then used that same witness to convict a co-defendant for the same crime. See, e.g., Drake v. Kemp, 762 F.2d 1449 (11th Cir.1985), cert. denied, 478 U.S. 1020, 106 S.Ct. 3333, 92 L.Ed.2d 738 (1986). Nor is this a case where the prosecutor improperly argued facts that were unsupported by the evidence. Nichols v. Collins, 802 F.Supp. 66, 75 (S.D.Tex.1992) (<HOLDING>), habeas corpus denied, sub nom, Nichols v.
Holding statements: (A) holding that the defendant may not state one ground at trial and another on appeal (B) holding that where trial court is trier of fact and has made an affirmative deadly weapon finding it retains discretion to enter finding in judgment (C) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (D) holding to preserve an issue for appellate review the issue must have been raised to and ruled upon by trial court and a party may not argue one ground for objection at trial and another ground on appeal (E) holding in case in which defendant challenged his murder conviction and death sentence on ground that states conflicting theories in the trial of his accomplice constituted a denial of due process that state may be constitutionally estopped from obtaining a fact finding in one trial and seeking and obtaining an inconsistent fact finding in another trial

Answer: holding that the defendant may not state one ground at trial and another on appeal

Question: ie., the presence of an elaborate mechanism for the resolution of claims] are applicable here with respect to the NCBA's allegations of violations of the fifth amendment due process clause and of various provisions of the Internal Revenue Code. Although there may be no established mechanism for the recovery of damages against federal authorities for unconstitutional conduct, the unavailability of complete relief does not mandate the creation of a Bivens remedy when other "meaningful safeguards or remedies for the rights of persons situated as were the plaintiffs" are available. In this case, the NCBA has recourse to challenge the legality of the penalty assessment under several provisions of the Internal Revenue Code. Accord Dahn v. United States, 127 F.3d 1249, 1254 (10th Cir.1997) (<HOLDING>). The conduct which gives rise to this action
Holding statements: (A) holding that comprehensive administrative scheme signals that congress did not intend to permit service members to assert a private cause of action in federal court under the mwpa (B) holding that in light of the comprehensive administrative scheme created by congress to resolve taxrelated disputes individual agents of the irs are also not subject to bivens actions (C) holding that a remedial scheme created by congress even if incapable of addressing all of plaintiffs injuries precluded a bivens action (D) holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record (E) holding that irs agents did not violate the fourth amendment by conducting surveillance in violation of regulations requiring prior authorization because neither the constitution nor any act of congress requires that official approval be secured before conversations are overheard or recorded by government agents with the consent of one of the eonversants

Answer:
holding that comprehensive administrative scheme signals that congress did not intend to permit service members to assert a private cause of action in federal court under the mwpa