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.

Input: Consider Input: issue, we need not consider the second argument raised. 7 . In a dissent to Smith, Judge Friedman, joined by Judges Pellegrini and Kelley, objected to following the Miller/Lewis/Selan line of cases which automatically equated the refusal to sign a hospital consent form with a refusal to submit to chemical testing. The dissenting judges expressed preference for the other line of caselaw, particularly Conrad, and noted that because Smith orally agreed to the blood test and only refused to sign the hospital consent form, which was a pre-test procedure linked to the test, although not required by section 1547, Smith did not make a knowing and conscious refusal to submit to chemical testing. 8 . Wheatley v. Commonwealth, Department of Transportation, 104 Pa.Cmwlth. 171, 521 A.2d 507 (1987) (<HOLDING>). 9 Although Renwick does not expressly
Holding statements: (A) holding refusal to sign hospital waiver of liability form is not a refusal under section 1547 (B) holding that refusal to consent to search cannot support a finding of reasonable suspicion (C) holding that refusal to submit to breathalyzer test did not result from custodial interrogation (D) holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547 (E) holding that a district court did not clearly err in crediting agents testimony that a defendant had orally consented despite his refusal to sign consent form

Output: holding refusal to sign hospital waiver of liability form is not a refusal under section 1547

Input: Consider Input: with the court, that Mr. Peralta has been granted a labor certification pursuant to a subsequent application filed by his employer. He has been awarded all of the relief that he sought, and there is consequently no live controversy concerning the original denial of his application for the same position with the same employer. As to the appellants whose employers have re-filed new certification applications that are currently pending, we do not think their claims are mooted. In contrast to Mr. Peralta, these parties have not yet received the relief originally sought and thus their original claim that the denial of their first certification application was arbitrary remains a live controversy. See County of Los Angeles v. Davis, 440 U.S. 625, 631, 99 S.Ct. 1379, 59 L.Ed.2d 642 (1979) (<HOLDING>). 3 . Actually, even after a certification is
Holding statements: (A) holding that a case under the declaratory judgments act remains a live controversy even if all requests for substantive declaratory relief become moot during the actions pendency as long as a claim for attorneys fees under the act remains pending (B) holding that issues as to whether declaratory relief should be granted had become moot and would be dismissed for lack of jurisdiction but that under hallman the entire appeal was not moot because there still was a live controversy as to whether appellee was entitled to recover attorneys fees under the declaratory judgments act and therefore issues regarding attorneys fees were not moot and would be decided (C) holding that appeals are moot when appellate courts can provide no effective relief (D) holding that a case is not moot so long as the court can fashion some form of meaningful relief for the injured party (E) holding that a previously live case can become moot only if interim relief or events have completely and irrevocably eradicated the effects of the alleged violation

Output: holding that a case under the declaratory judgments act remains a live controversy even if all requests for substantive declaratory relief become moot during the actions pendency as long as a claim for attorneys fees under the act remains pending

Input: Consider Input: assault and battery committed by Eugene," and as such are barred by the intentional tort exception found in 28 U.S.C. 2680(h). (ECF No. 10-1, at 17 n. 6 (citing Perkins v. United States, 55 F.3d 910, 916-917 (4th Cir.1995))). The intentional tort exception provides that the United States retains immunity as to "[a]ny claim arising out of [an] assault [or] battery." 28 U.S.C. 2680(h). Indisputably, Eugene's murderous acts constituted assault and battery. That assault could not form the basis for a direct claim against the United States. See, e.g., Stepp v. United States, 207 F.2d 909, 911 (4th Cir.1953) (concluding Section 2680(h) barred respondeat superior claim where servicemember used excessive force in shooting civilian); Wise v. United States, 8 F.Supp.2d 535, 542 (E.D.Va.1998) (<HOLDING>). In other words, the intentional tort
Holding statements: (A) holding criminal sexual assault and unlawful restraint included offenses of aggravated crimi nal sexual assault and vacating convictions and sentences on former offenses (B) holding section 2680h barred direct liability claim premised on servicemembers sexual assault and murder of civilian (C) holding that merger did not apply because sexual assault was not a lesser included offense of seconddegree kidnapping involving sexual assault (D) holding that conduct charged under article 120k ucmj was not plainly private when the sexual activity occurred while in the presence of two additional servicemembers in the unlocked barracks room of two other servicemembers who were reasonably likely to unintentionally observe the sexual activity and therefore the failure of the military judge to raise a lawrence issue sua sponte was not plain error (E) holding that allegations of sexual assault by an employee of the church fell within coverage for sexual misconduct
Output: holding criminal sexual assault and unlawful restraint included offenses of aggravated crimi nal sexual assault and vacating convictions and sentences on former offenses