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.

[Q]: the words of Mr. Chief Justice Marshall, 'is of the very essence of judicial duty.”\’) (internal citation omitted); Columbia Falls Elem. Sch. Dist. No. 6 v. State, 326 Mont. 304, 109 P.3d 257, 260-61 (2005) (rejecting Baker v. Carr-based political question argument and concluding that, "[a]s the final guardian and protector of the right to education, it is incumbent upon the court to assure that the system enacted by the Legislature enforces, protects and fulfills the right [to education]”); Claremont Sch. Dist. v. Governor, 138 N.H. 183, 635 A.2d 1375, 1381 (1993) (concluding that constitutional right to adequate education is justiciable and that "any citizen” has standing to "enforce the State’s duty” to fulfill this right); Abbott v. Burke, 149 N.J. 145, 693 A.2d 417, 428-29 (1997) (<HOLDING>); Campaign for Fiscal Equity, Inc. v. State, 86 
 Holding statements: (A) holding in the absence of exceptional circumstances deference should be given to trial court (B) holding that a school board policy prohibiting employees from sending their children to private schools interfered with employees constitutional right to control the education of their children (C) holding that while legislative findings are due deference that cannot foreclose a courts constitutional analysis (D) holding that a trial courts statutory interpretation is given no deference on review (E) holding that while deference should be given to legislative content and performance standards it is still the courts duty to ensure that these standards together with funding measures comport with the constitutional guarantee of a thorough and efficient education for all new jersey school children
[A]: (E)


[Q]: carrying it during and in relation to such a crime, with additional penalties attaching if the firearm was brandished or discharged. See 18 U.S.C. § 924(c)(1)(A). Whether the defendant was accountable for one firearm or ten, however, is completely irrelevant to the commission of the § 924(c) offense. Thus, because § 924(c) pertains to particular unlawful uses of a firearm while § 2K2.1(b)(l) pertains to the number of firearms involved, these two enhancements punish different types of conduct. We therefore conclude that enhancing a defendant’s offense level based on the number of weapons involved in the offense underlying his § 924(c) conviction does not constitute impermissible double counting under the Guidelines. Accord United States v. Terrell, 608 F.3d 679, 683-84 (10th Cir. 2010) (<HOLDING>). But see United States v. Vincent, 20 F.3d 
 Holding statements: (A) holding that trading drugs for a gun violates the in furtherance of prong of  924c (B) holding that evidence is sufficient for  924c conviction where it shows weapons proximity to drugs and its accessibility (C) holding that an enhancement for an express threat of death may not be applied to the sentence for robbery when the threat is related to the use of the firearm and the defendant has a  924c sentence for the same firearm (D) holding that because the number of weapons involved in the underlying offense to a  924c conviction is a separate type of offense conduct than that punished by  924c itself the district court did not engage in doublecounting  when it applied an  increase under  2k21bla in conjunction with the sentence for violating  924c (E) holding without discussion that the district court erred by applying the numberofweapons enhancement to an offense underlying the defendants  924c conviction
[A]: (D)


[Q]: of an exciting event, and the declarant’s personal perception of it. See McLaughlin v. Vinzant, Fort Worth 1999, pet. ref'd). Assuming that Anderson learned of the shooting by a source, other than first-hand knowledge, the trial court could have reasonably found that Anderson’s statement to Cabbie “related to a startling event,” that event being acquiring knowledge that appellant killed someone, and that Anderson was still under the “emotional stress of the excitement caused by the event or condition.” See Salazar, 38 S.W.3d at 154-55. Anderson’s Source of Knowledge Appellant argues that Anderson’s source of knowledge of the shooting is critical because Anderson may have ding that Anderson was still dominated by the emotions caused by the shooting. See Zuliani, 97 S.W.3d at 596 (<HOLDING>). Cabbie testified that when Anderson arrived 
 Holding statements: (A) holding that the most critical factor is the degree of success obtained (B) holding statement must be made contemporaneously with the excitement or stresscausing event (C) holding that testimonial evidence is admissible only if the declarant is unavailable and the defendant had a prior opportunity to crossexamine the declarant (D) holding that the most critical factor in the analysis of a reasonable fee is the degree of success obtained (E) holding that critical factor is whether the declarant was still dominated by the emotions excitement fear or pain of the event
[A]:
(E)