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.

Example Input: this petition for prohibition. Petitioner is mistaken in an essential respect. Although he characterizes his challenge as involving subject matter jurisdiction, he is mistaken. There can be no dispute that the circuit court has subject matter jurisdiction over cases involving dissolution of marriage. See 26.012(2)(a), Fla. Stat. (2006) (circuit courts have original jurisdiction in all actions at law not cognizable in the county courts). The fact that petitioner wishes to dispute in the pending dissolution action is whether there was any marriage at all to dissolve. An attack on the validity of an alleged marriage has nothing to do with subject matter jurisdiction but is simply an issue to be determined in the dissolution action. See Marden v. Marden, 276 So.2d 493 (Fla. 4th DCA 1973) (<HOLDING>). It is true that a petition for a writ of
Holding statements: (A) holding that there was a genuine issue of material fact precluding summary judgment (B) holding that standing existed (C) holding that in an action brought by alleged wife for permanent alimony suit money attorneys fees and restraining order an issue of fact existed concerning whether a commonlaw marriage existed thus precluding summary judgment (D) holding that material issue of fact existed concerning whether employer orally promised to discharge employee only for cause (E) holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife
Example Output: holding that there was a genuine issue of material fact precluding summary judgment

Example Input: first, that under New Jersey law a plaintiff assumes the risk of voluntarily participating in a sporting activities, citing Meistrich v. Casino Arena Attractions, Inc., 31 N.J. 44, 155 A.2d 90 (1959) and Pona v. Blvd. Arena, 35 N.J.Super. 148, 113 A.2d 529 (App.Div.1955), and that Buglioli voluntarily participated in a "cat and mouse game." These cases provide no defense. First, the court knows of no decision after New Jersey adopted its comparative negligence statute interposing "assumption of risk" as a complete defense in a negligence action. To the contrary, a recent case arising from a contact sport accident formulated an appropriate rule by adjusting the standard of care, not by finding "assumption of risk." See, e.g., Crawn v. Campo, 257 N.J.Super. 374, 608 A.2d 465 (1992) (<HOLDING>). Second, the court finds no New Jersey case
Holding statements: (A) holding prison official must have acted with reckless disregard for the inmates safety (B) holding no evidence of reckless disregard for safety of others when officer entered intersection without stopping and witness did not hear brakes being applied (C) holding that an unlawful act committed with the intent to injure or in a grossly negligent manner that proximately causes death is involuntary manslaughter and that criminal liability is imposed in the latter instance because although the defendants acts are not inherently wrong the defendant has acted or failed to act with awareness of the risk to safety and in wilful disregard of the safety of others (D) holding in actions arising from a contact sport accident plaintiff must show defendant acted in reckless disregard of the safety of others or intentionally (E) holding that cjulpable negligence is negligence of a gross and flagrant character which evinces a reckless disregard for the safety of others
Example Output: holding prison official must have acted with reckless disregard for the inmates safety

Example Input: himself as a citizen on a matter of public concern outweighs any injury the speech could cause to the employer's interest in promoting effective and efficient public service. Connick v. Myers, 461 U.S. 138, 142, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983). Kiser's claim fails because he specifically alleges that he was expressing himself as a public employee, not as a citizen: "Defendants retaliated against and harmed [him] because he exercised his constitutional speech rights when he fulfilled his duties as Executive Administrator by not speaking publicly." (Compl.t 70(c) (emphasis added).) By alleging that he was expressing himself in his official capacity as Executive Administrator, Kiser has pleaded himself out of court. See Youker v. Schoenenberger, 22 F.3d 163, 166-67 (7th Cir.1994) (<HOLDING>) (quoting Connick, 461 U.S. at 143, 103 S.Ct.
Holding statements: (A) holding that if the speech in question does not address a matter of public concern there is no first amendment violation (B) holding that the absence of a motivating desire to address a matter of public concern was not dispositive as to whether the speech addressed a matter of public concern (C) holding that after the district court determined that the plaintiffs speech was protected the court was required to inform the jury of its ruling that knapps speech was constitutionally protected (D) holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern (E) holding that a police officer speaking to a public official about his concerns over public safety issues is speaking in his capacity as a police officer and not as a citizen
Example Output:
holding that if the speech in question does not address a matter of public concern there is no first amendment violation