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: the instructions misstated the law or misled the jury to the prejudice of the objecting party." United States v. Felts, 579 F.3d 1341, 1342 (11th Cir. 2009). We will not reverse a conviction because of an erroneous instruction unless we are "left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations." Id. at 1342-43 (quotation marks omitted). We evaluate the instruction as a whole and in the context of the entire trial. United States v. Seabrooks, 839 F.3d 1326, 1333 (11th Cir. 2016), petition for cert. filed, (U.S. Feb. 16, 2017) (No. 16-8072). Challenges to jury instructions that are raised for the first time on appeal, however, are reviewed for plain error only. United States v. Madden, 733 F.3d 1314, 1322-23 (11th Cir. 2013) (<HOLDING>); United States v. Schlei, 122 F.3d 944, 973
Holding statements: (A) holding that the defendant bears the burden under plainerror review (B) holding that a defendant who fails to raise rule 11 error at trial has the burden to satisfy the plainerror rule (C) holding that plainerror review applies where the defendant fails to object to a constructive amendment (D) holding that plainerror review applies when a defendant fails to make a specific rule 32i3b objection based on a district courts failure to resolve a factual dispute (E) holding that plain error review applies where the defendant fails to object to the lack of an opportunity to allocute

SOLUTION: holding that the defendant bears the burden under plainerror review

PROBLEM: Supreme Court rejected Cook's claim of error on direct appeal, finding that the prosecutor's comments were not directed at Cook's decision not to testify, and that the comment about the videotape was invited by Cook's cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook's arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant's Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor's comment on a defendant's
Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

SOLUTION: recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify

PROBLEM: once again, the ALJ failed to explain how the agency physicians' opinions were consistent with the medical evidence or Ulloa's activities. Indeed, it is unclear how the ALJ came to the conclusion that Ulloa's activities, which include occasional cooking and cleaning, going to church, walking five minutes to a nearby store and doing exercises prescribed to alleviate pain, are consistent with the ability to lift twenty pounds or sit, stand or walk for up to six hours in an eight-hour day. Based on the foregoing, this Court finds that the ALJ's RFC determination is not supported by substantial evidence because he failed to sufficiently articulate his assessment of the evidence to enable us to trace the path of his reasoning. Consequently, remand is warranted. Clifford, 227 F.3d at 870 (<HOLDING>). C. The ALJ Failed to Explain the Weight Given
Holding statements: (A) holding that the alj gave inadequate reasons for rejecting wifes lay opinion testimony (B) holding the record must demonstrate that the alj considered all of the evidence and the alj must discuss the evidence supporting his decision the uncontroverted evidence he chooses not to rely upon and significantly probative evidence he rejects (C) holding the alj is not required to address every piece of evidence but he must articulate some legitimate reason for his decision (D) recognizing that an alj must minimally articulate his reasons for crediting or rejecting evidence of disability (E) recognizing that an alj has a duty to ensure that an adequate record is developed during the disability hearing consistent with the issues raised

SOLUTION:
holding that the alj gave inadequate reasons for rejecting wifes lay opinion testimony