TASK DEFINITION: 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.
PROBLEM: See Tex. Health & Safety Code Ann. 574.106; State ex rel. WW., No. 12-13-00045-CV, 2013 WL 3156312, at *6 (Tex. App.-Tyler June 19, 2013, no pet.) (mem. op.) ("Because W.W. presented evidence to the trial court of his preference to avoid an increased dose ... based upon its side effects and ineffectiveness, it is presumed that the trial court gave his preferences due consideration."); In re T.O.R., No. 02-12-00376-CV, 2013 WL 362747, at *5 (Tex.App.-Fort Worth Jan. 31, 2013, no pet.) (mem. op.) ("T.O.R. did not present any evidence to dispute So-biesk's testimony about the medications' benefits and the ineffectiveness of alternative treatments."); M.H. v. State ex rel. M.H., No. 01-09-00205-CV, 2009 WL 2050988, at *4-5 (Tex.App.-Houston [1st Dist.] July 16, 2009, no pet.) (mem. op.) (<HOLDING>); State ex rel. A.R.F., No. 12-03-00294-CV,
Holding statements: (A) holding evidence of conspiracy sufficient and noting lack of evidence that any member of the group did anything but cooperate with the terms of the plan to commit robbery (B) holding evidence sufficient to support trial courts finding in aggravation that the offense was planned (C) holding that the findings of reviewing physicians constituted substantial evidence in support of the secretarys decision to deny benefits (D) holding evidence sufficient to support trial courts best interest finding when patient did not present any evidence to dispute physicians testimony about benefits of treatment with psychoactive medications and lack of alternative treatments (E) holding evidence insufficient to support finding of implied contract

SOLUTION: holding evidence of conspiracy sufficient and noting lack of evidence that any member of the group did anything but cooperate with the terms of the plan to commit robbery

PROBLEM: Clause. 13. Respondent's main interest in this case is his right to run for elected office. In general, the federal courts have declined to hold that the right to run for elective office is "fundamental," a position that was applied in the seminal Clements decision. There, a plurality of the high court held that "[f]ar from recognizing candidacy as a fundamental right, we have held that the existence of barriers to a candidate's access to the ballot does not of itself compel close scrutiny." 457 U.S. at 963 405, 420 (W. Va. 2000) (concluding that constitutional provision forcing judges to vacate office before running for nonjudicial office was supported by "State's compelling and permissible interest"); Wagner v. Milwaukee County Election Comm'n, 2003 WI 103, 78, 666 N.W.2d 816 (<HOLDING>). 16. Respondent's constitutional arguments
Holding statements: (A) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (B) holding right to testify was federal constitutional right (C) holding that states legitimate interests in enacting constitutional provision prohibiting judges from holding other public office far outweigh the burdens put upon the petitioners right to be a candidate for office (D) holding that a school superintendent does not have a constitutional right to actually hold his position and execute the duties of the office (E) holding constitutional provision selfexecuting if it grants right that can be put into operation without further legislative action

SOLUTION: recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights

PROBLEM: Count II, and Police Report No. 07-026265 with respect to Count III. However, without specificity as to the prohibited conduct in the Complaint itself, Petitioner/Plaintiff-Appellee State of Hawai'i (the State) was not bound at trial to prove all matters listed in the police reports or to adhere to the EOP sections as cited by the police officers in their reports. Hence, the information provided in these corresponding police reports could be subject to varying applications. Corder, in effect, was left without any certitude of what violative conduct he would be prosecuted for at trial. Thus the Complaint, even viewed in the context of the police reports, was not adequate to fairly permit Corder to prepare for trial. See generally State v. Robins, 66 Haw. 312, 316, 660 P.2d 39, 42 (1983) (<HOLDING>); State v. Mitake, 1 Haw.App. 335, 340, 619
Holding statements: (A) recognizing that while summary judgment is improper if the nonmovant is not afforded a sufficient opportunity for discovery it is the nonmovants responsibility to inform the district court of the need for discovery by filing an affidavit pursuant to rule 56f of the federal rules of civil procedure or filing a motion requesting additional discovery (B) holding that the rules of evidence normally applicable in criminal trials do not operate with full force at hearings before the judge to determine the admissibility of evidence there is therefore much to be said for the proposition that in proceedings where the judge himself is considering the admissibility of evidence the exclusionary rules aside from rules of privilege should not be applicable and the judge should receive the evidence and give it such weight as his judgment and experience counsel (C) 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 (D) recognizing that in adopting rules which are substantially similar to the federal rules of criminal procedure this court has traditionally given great weight to relevant precedent from federal courts particularly the supreme court of the united states (E) recognizing the fact that a bill of particulars is discretionary with the judge pursuant to hawaii rules of penal procedure hrpp rule 7a and the fact that other discovery rules given to the defendant are limited might prevent a defendant from discovering the states position

SOLUTION:
recognizing that while summary judgment is improper if the nonmovant is not afforded a sufficient opportunity for discovery it is the nonmovants responsibility to inform the district court of the need for discovery by filing an affidavit pursuant to rule 56f of the federal rules of civil procedure or filing a motion requesting additional discovery