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.

Ex Input:
the report and recommendation did not notify the parties that they must file timely objections to preserve their right to appellate review. He argues that the firm waiver rule should not be enforced in the absence of such an explicit notification. While we have held that the firm waiver rule is inapplicable when pro se litigants are not given explicit notice of the rule, see id. at 659, we have never extended that practice to counseled cases. We decline to do so today, because we expect counsel to know the rules. See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 n. 5 (10th Cir.2007) ("[W]e expect counsel to know the pleading rules of the road without being given personal notice of them by the district court."); United States v. Windrix, 405 F.3d 1146, 1157 (10th Cir.2005) (<HOLDING>). While 28 U.S.C. 636(b)(1) provides that a
Holding statements: (A) holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules (B) holding that a criminal defendants counsel is charged with knowledge of the local criminal rules in their entirety including those parts of the local civil rules incorporated by reference (C) holding the district court did not abuse its discretion in applying its own local rules even though those rules prevented it from considering some facts improperly alleged by plaintiffs that might have been relevant to the summary judgment motion (D) holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery (E) holding that defendants have a right to counsel in criminal proceedings

Ex Output:
holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules

Ex Input:
this is irrelevant to the question of whether a loan was made to Busson-Sokolik in the first place. Finding no clear error on the question of whether the funds were in fact transferred to Busson-Sokolik and no defects in the formation of a valid contract between the parties, we affirm the finding that the sum MSOE transferred to Busson-Sokolik was a loan. 2 . "Abuse of discretion" is the clear standard for evaluating a judge's decision to impose sanctions in a bankruptcy case. See In re Rimsat, Ltd., 212 F.3d 1039, 1046 (7th Cir.2000). While the standard for evaluating a judge's decision not to impose sanctions in a bankruptcy case is somewhat less clear, we adopt the Sixth Circuit's approach of using the "abuse of discretion" standard. See In re Downs, 103 F.3d 472, 480 (6th Cir.1996) (<HOLDING>). 3 . An appeal is frivolous "when the result
Holding statements: (A) holding that the appropriate standard of review is abuse of discretion (B) holding that the applicable standard of review for evaluating a bankruptcy courts denial of fed r bankrp 9011 sanctions is abuse of discretion and noting similar approaches taken by the ninth and tenth circuits (C) holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit (D) holding that the conclusion that the wiretap was necessary in each situation is reviewed for an abuse of discretion and bringing the tenth circuit into accordance with the authority of a majority of other circuits (E) holding that the standard of review is abuse of discretion and an appeal from denial of rule 60b relief does not bring up the underlying judgment for review

Ex Output:
holding that the appropriate standard of review is abuse of discretion

Ex Input:
to adverse use." Feldstein, 198 Md. at 295, 81 A.2d at 615; accord Banks, 393 Md. at 709, 904 A.2d at 460 (noting that "[r]espondent's use of the farm lane was permissive when he was a minor and there was no affirmative evidence that it ever ceased to be permissive .... "). The case of Hungerford v. Hungerford, 234 Md. 338, 199 A.2d 209 (1964), although addressing adversity in the context of adverse possession, has been considered instructive on the requirement of adverse use in prescriptive easement cases. See Banks, 393 Md. at 709-10, 904 A.2d at 461. We said in Hungerford: It has long been held by this Court that where the original entry and subsequent occupancy of land was under a contract, or -with the consent or permission of the owner, the possession .E.2d 1073, 1085 (2008) (<HOLDING>). It is clear under the facts of this case that
Holding statements: (A) holding that the debtor could retain exempt property because it was not property of the estate (B) holding deceptive acts which were not disclosed to the investing public are too remote to satisfy the requirement of reliance because a plaintiff cannot rely on acts of which it is unaware (C) holding that ors 164015 the theft statute consolidated the various forms of unlawful property deprivation into a single offense of theft that does not depend on the relationship between the thief and the owner the type of property or the manner of deprivation (D) holding that the current property owner may not assert a public nuisance claim against the former owner (E) holding that various acts on the beachfront were not examples from which it could be presumed that the owner knew that the actors were using the property under a claim of right

Ex Output:
holding that the debtor could retain exempt property because it was not property of the estate