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.

[EX Q]: relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL's account admitted on this ground alone. See LCvR 7(h) ("[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion."); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this
Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action
[EX A]: holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion

[EX Q]: without including a message of their own. "[T]here are commonsense differences between speech that does no more than propose a commercial transaction and other varieties." Va. State Bd. of Pharmacy v. Va. Citizens Consumer Council, Inc., 425 U.S. 748, 771 n. 24, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976) (quotations and citation omitted). Common sense dictates that the use of images of Plaintiff Bosley to sell video tapes, website memberships, or defendants' other wares, at most, constitute commercial speech. The Supreme Court has noted that "advertising which 'links a product to a cur rent public debate' is not thereby entitled to the constitutional protection afforded noncommercial speech." Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 67-68, 103 S.Ct. 2875, 77 L.Ed.2d 469 (1983) (<HOLDING>) "Thus, it seems that the Supreme Court will
Holding statements: (A) holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine (B) holding that information pamphlets are properly characterized as commercial speech (C) holding that first amendment protections apply to compelled speech as well as restrictions on speech (D) recognizing that noncommercial speech is accorded greater protection under the first amendment than is commercial speech and striking down ordinance that imposed a greater restriction on political than on commercial billboards (E) recognizing that code is speech
[EX A]: holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine

[EX Q]: INS, 12 F.3d 1233, 1240 (3d Cir.1993). For relief under the CAT, an applicant must demonstrate that it is more likely than not that she would be tortured if removed to her country of origin. See 8 C.F.R. 208.16(c)(2). Kupczyk bases her application for relief on three specific incidents which occurred in Poland, allegedly due to her status as a Jehovah's Witness. First, she claims that on July 28, 1996, she was attacked by "a band of thugs" and suffered bruises and abrasions, as well as a broken nose, and had to spend three days in the hospital. She then began receiving phone calls late at n ed to offer any evidence that they are likely to be detained, let alone tortured, should they be removed to Poland or the Slovak Republic. See Lukwago v. Ashcroft, 329 F.3d 157, 183 (3d Cir.2003) (<HOLDING>). As we cannot conclude that the evidence
Holding statements: (A) holding that to qualify for protection under the convention against torture an alien must show that he will more likely than not be tortured in his home country if removed (B) holding that the standard for withholding of removal is a showing that it is more likely than not that a petitioner will face persecution upon her return (C) holding that the court lacked jurisdiction to review whether alien established that he will more likely than not be tortured if removed (D) holding that cat applicant must establish that it is more likely than not that he would be tortured if removed to his native country (E) holding that petitioner must demonstrate it is more likely than not that he will be tortured upon his return
[EX A]:
holding that to qualify for protection under the convention against torture an alien must show that he will more likely than not be tortured in his home country if removed