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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

between cases brought under the federal law and those brought under Maine law. While the First Circuit does make a distinction, it ultimately holds that the negligence per se doctrine of Pratico is strictly limited to cases brought under FELA, and it strongly implies that the doctrine will not be expanded. Elliott v. S.D. Warren Co., 134 F.3d 1, 4 (1st Cir.1998). 4 . Castine argues that the trooper testified at trial to matters that he had not previously indicated he would address, and therefore, it was unfairly surprised at trial. Generally, a continuance is the appropriate remedy when a party seeks to admit “surprise" evidence at trial. Because Castine did not seek a continuance, however, it may not now claim unfair surprise. See Pettitt v. Lizotte, 454 A.2d 329, 332-33 (Me.1982) (<HOLDING>). 5 . Because violation of a safety regulation 
 Holding statements: (A) holding the immigration judges denial of a continuance request did not constitute an abuse of discretion (B) holding that the district court did not abuse its discretion in allowing plaintiffs expert witness to testify when it also allowed defendants expert witness who disputed the methodology used by plaintiffs expert to testify (C) holding denial of continuance to be an abuse of discretion (D) holding that trial court did not abuse its discretion by determining expert witness was qualified to testify (E) holding that there was no abuse of discretion in allowing a defendants surprise fact witness to testify because the plaintiff did not request a continuance
(E)

substantial rights. Mares, 402 F.3d at 520. The district court made no comments suggesting it would have imposed a lesser sentence in the absence of mandatory guidelines. See United States v. Bringier, 405 F.3d 310, 317 (5th Cir.2005) (stating the issue as “whether [the defendant] has demonstrated that the sentencing judge would have reached a different result had it sentenced [the defendant] under an advisory scheme rather than a mandatory one”), cert. denied, — U.S. -, 126 S.Ct. 264, 163 L.Ed.2d 238 (2005) (No. 05-5535). Therefore, Tovar fails to demonstrate plain error. Tovar contends for the first time on appeal that the statute under which he was convicted, 21 U.S.C. § 841, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (<HOLDING>). As he concedes, however, this issue is 
 Holding statements: (A) holding any fact other than a prior conviction that increases the maximum penalty beyond the prescribed statutory maximum must be submitted to the jury and proved beyond a reasonable doubt (B) holding that ojther than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (C) holding that any fact other than a prior conviction may not be used to enhance a defendants sentence beyond the statutory maximum unless it is submitted to a jury and proved beyond a reasonable doubt (D) holding that other than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (E) holding that other than fact of prior conviction any fact that increases penalty for crime beyond prescribed statutory minimum must be submitted to jury and proved beyond reasonable doubt
(C)

Bonilla did not have the present ability to comply with the court’s discovery orders. A trial court should only impose discovery sanctions, especially the severe sanction, of dismissal, “when the non-complying party has the present ability to comply with the discovery orders.” Arviv v. Perlow, 528 So.2d 139, 140 (Fla. 4th DCA 1988). It is an abuse of discretion for a trial court to impose the sanction of dismissal upon a party who does not have the present ability to comply with the court’s discovery orders. See Arviv, 528 So.2d at 140 (finding that the trial court abused its discretion in dismissing the plaintiffs case where the plaintiff had no present means with which to comply with the discovery order); Garcia Fleet Corp. v. Martinez, 483 So.2d 502, 503 (Fla. 3d DCA 1986) (<HOLDING>); Robinson v. Allstate Ins. Co., 417 So.2d 778, 
 Holding statements: (A) holding that the district court abused its discretion by denying the habeas petitioners motion to conduct dna testing which was unavailable at trial (B) holding that the trial court abused its discretion by entering a dismissal where the plaintiffs were at sea when the trial court granted its discovery order and were therefore unavailable to be renoticed for their depositions (C) holding trial court abused its discretion when case had been on file for only three months the discovery sought was material to the plaintiffs claims and the plaintiff exercised due diligence in obtaining discovery (D) holding that trial court was required to give full effect to supreme courts judgment and that by failing to do so the trial court abused its discretion (E) holding that the issue was more appropriately framed as whether the trial court abused its discretion by admitting the evidence at trial

(B)