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.

Example Input: the reasons for the plaintiffs failure to obtain the action or for not making the effort. Addressing the identical federal rule, the Supreme Court has stated that “[o]n its face, Rule 23.1 speaks only to the adequacy of the shareholder representatives pleadings.” Kamen, supra, 500 U.S. at 96, 111 S.Ct. 1711. The rule itself does not create a demand requirement. Id. “[T]he function of the demand doctrine in delimiting the respective powers of the individual shareholder and of the directors to control corporate litigation clearly is a matter of ‘substance, not procedure.’ ” Id. at 96-97, 111 S.Ct. 1711 (quoting Daily Income Fund, supra, 464 U.S. at 543-44 & n. 2, 104 S.Ct. 831 (1984) (Stevens, J., concurring in judgment) (other citations omitted)); see also Bazata, supra, 400 A.2d at 316 (<HOLDING>). Thus, the demand requirement or its futility 
 Holding statements: (A) holding that an antitrust injury is a necessary element of a  2 claim (B) holding that for purposes of super ct civ r 41b demand is not jurisdictional but an element of the shareholders claim (C) holding that reasonable reliance is not an element of the defense (D) holding that a motion to dismiss is not a responsive pleading for purposes of super ct civ r 15a which permits a party to amend once as a matter of course before a responsive pleading is served (E) holding the connection is an element
Example Output: (B)

Example Input: a particularized need. 4. Seriousness of the Litigation and Issues Holmes maintains that the gravity of her allegations — namely, that IPRA “concealed] its widespread efforts to cover-up unlawful shootings by police officers,” Pl.’s Reply Br. at 3 — warrants disclosing the draft summary reports. In other words, Holmes asserts that the privilege is overcome because IPRA’s deliberative process, which includes the back-and-forth exchange of draft summary reports between supervisors and investigators, is “part of the code of silence.” Id. Where a plaintiff directly challenges a government agency’s deliberative process, courts routinely find that there is a particularized need for disclosure. See, e.g., Smentek v. Sheriff of Cook Cnty., 2013 WL 2588709, at *4 (N.D. Ill. June 11, 2013) (<HOLDING>); Ferrell, 177 F.R.D. at 430-31 (finding a 
 Holding statements: (A) holding that both saline county and grant county had jurisdiction to try the appellant for murder where the actual killing occurred in one county but the acts requisite to the consummation of the murder and the subsequent disposal of the body occurred in the other county (B) holding that mandatory visual strip search policy in county jail was unconstitutional (C) holding that public employees working for the office of cook county assessor and receiving their compensation from cook county had no vested right in the expectation of the continuance of this compensation (D) holding that plaintiffs had a particularized need for cook county jail prebudget documents after observing that the plaintiffs theory is that the county allegedly approved the dental services budget despite knowing that it might create unconstitutional conditions at the jail accordingly  the countys deliberative process is directly at issue in this case (E) holding that employees of county jail that housed federal prisoners pursuant to contract with the federal government were not federal employees even though county jail had to comply with federal rules and regulations
Example Output: (D)

Example Input: privilege objections and to produce certain documents that are protected by these privileges. There is no adequate remedy by appeal for this error. See Walker v. Packer, 827 S.W.2d 833, 843 (Tex. 1992). Additionally, the trial court abused its discretion by compelling Fairway to produce documents that are not within its possession, custody, or control. We therefore conditionally grant the petition for writ of mandamus as follows. We direct the trial court to: (1) to vacate his Order on Plaintiffs’ Motion to Compel signed on October 12, 2016, and (2) issue a new Order that only requires Celanese to produce the documents bookmarked as Nos. 7, 11, 13, 19, 22, 22.1, 41, 69, 107, 116, and 124 V, 2014 WL 3745447, at *1 (Tex. App.-San Antonio July 30, 2014, orig. proceeding) (mem. op.) (<HOLDING>); In re Weeks Marine, Inc., 31 S.W.3d 389, 391 
 Holding statements: (A) holding trial court abused its discretion by refusing to conduct hearing and render decision on motion (B) 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 (C) holding that the trial court abused its discretion in ordering temporary alimony that exceeded the husbands ability to pay (D) holding district court abused its discretion in admitting state court findings of fact (E) holding that trial court abused its discretion in ordering production of investigative report prepared by hospital after a slip and fall incident because such report is protected work product
Example Output:
(E)