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.
--------
Question: (Calero-Toledo v. Pearson Yacht Leasing Co. (1974), 416 U.S. 663, 40 L. Ed. 2d 452, 94 S. Ct. 2080.) Although Calero-Toledo did not involve the double jeopardy clause of the fifth amendment, the Court in that case emphasized that a forfeiture proceeding is brought against the instrumentality of a crime, rather than against the offender himself. The Calero-Toledo Court noted that the object of the forfeiture is " 'primarily considered as the offender ***. [T]he practice has been, and so this Court understand^] the law to be, that the proceeding in rem stands independent of, and wholly unaffected by any criminal proceeding in personam.' " (Calero-Toledo, 416 U.S. at 684, 40 L. Ed. 2d at 468, 94 S. Ct. at 2092, quoting The Palmyra (1827), 25 U.S. (12 Wheat.) 1, 14-16, 6 L. Ed. 531, 535-36 (<HOLDING>).) The Calero-Toledo Court also noted,
Holding statements: (A) holding claim that prior conviction was not serious felony under californias sentencing law not cognizable in federal habeas proceeding (B) holding that a judgment set forth in a separate document is not a prerequisite to appellate jurisdiction where the parties assumed that there was a final judgment (C) holding that a conviction for piracy was not a prerequisite to a proceeding to forfeit a ship allegedly engaged in piratical aggression (D) holding that a workers compensation proceeding is a legal proceeding (E) holding jeopardy had not attached because the district court was without power to enter a judgment of conviction in a pretrial proceeding

Answer: holding claim that prior conviction was not serious felony under californias sentencing law not cognizable in federal habeas proceeding

Question: susceptible to many meanings. Although there is no direct statement that Mooney failed to perform his duties with regard to assisting his clients with their investments, this is the clear import of the specific language used. "Only knew" clearly implies that Mooney knew nothing about anything else. What was implied in that statement is made express in the next "didn't know anything about investments." "Hated helping clients" also unambiguously indicates that Mooney was not interested in executing his duties to his clients. These statements embody a "pejorative implication" that a reasonable listener would perceive "as an assertion that the [plaintiff] failed to perform his duties as an advisor." Mehta v. Ohio Univ., 958 N.E.2d 598, 609 (Ohio Ct.App.2011); see Scott, 496 N.E.2d at 707 (<HOLDING>). The statement "invested her in all of the
Holding statements: (A) holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement (B) holding that where the appellant remained at the scene rendered aid and gave his name to the police the evidence was insufficient to convict him under section 3742 even though the appellant initially lied about his involvement in the accident (C) holding no error in rejecting the appellants proffered instruction even though that statement was based on language from case law when the amci instruction was a proper statement of the law (D) holding that though there was no express statement that the appellant had committed perjury the clear impact of the specific language in nine sentences was that the appellant lied while under oath which weighed in favor of an actionable statement (E) holding that hearing officer had no obligation under 38 cfr 3103c2 to advise appellant as to physicians statement because that statement would not have helped prove the claim that is that statement would not have provided a nexus with the veterans service

Answer: holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement

Question: in this case. Defendant's quantitative takings are relatively small SCQuARE for Dummies contains much less material than the copyrighted SCQuARE Manual, and SCQuARE and the Continuous Promise is even less inclusive. (PL's Mot. [67] at Exs. 1,13, and 16.) Both works are designed to be presented in approximately half an hour, as opposed to the 24 to 26 hour training required to present the material in the SCQuARE Manual. (DSMF [48] at 12, 27, 29.) On the other hand, SCQuARE for Dummies, and to a lesser extent SCQuARE and the Continuous Promise, incorporate, and were intended to convey, the very essence of the SCQuARE Manual. (Id.; PL's Mot. [67] at Exs. 13 and 16.) Thus, defendant's qualitative takings are arguably significant. See Harper & Row, 471 U.S. at 565-66, 105 S.Ct. 2218 (<HOLDING>), and Cable/Home Commc'n Corp. v. Network
Holding statements: (A) recognizing that the fact that a substantial portion of the infringing work was copied verbatim is evidence of the qualitative value of the copied material (B) holding that the two elements of a copyright infringement claim are 1 the plaintiff owns a valid copyright right and 2 the defendants copied constituent elements of the work that are original (C) holding that defendant who had copied plaintiffs perfume formula had a right to market it under defendants name because it identified to public plaintiffs product as competition (D) holding that where the plagiarized material comprised 35 of the work and the commercial value of the whole was likely attributable in some part to the remaining 65 percent 50 percent of the profits were allocated to the infringing material (E) holding that the third factor disfavored fair use because the defendant copied a qualitatively substantial portion of the original work even though the defendants copied only approximately 300 words out of the 200000 words in the plaintiffs work

Answer:
holding that the two elements of a copyright infringement claim are 1 the plaintiff owns a valid copyright right and 2 the defendants copied constituent elements of the work that are original