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.

expenses related to the children’s needs at the time of the hearing. The trial court made numerous, in-depth findings regarding the children’s accustomed standard of living, the needs of the children, and the variance between the expenses incurred by defendant on behalf of the children and expenses incurred by plaintiff on behalf of the children. These findings are sufficient to support the trial court’s conclusion that the Pataky presumption was rebutted. Although in most cases, the custodial parent obtains an increase in child support, a court has discretionary authority to enter an order establishing child support in an amount less than the amount established by a separation or child support agreement. See Bottomley v. Bottomley, 82 N.C. App. 231, 234-35, 346 S.E.2d 317, 320 (1986) (<HOLDING>). We hold the trial court did not abuse its 
 Holding statements: (A) holding provision in contempt order void because it punished relator for violating order that trial court lacked authority to enter (B) holding that it was error for the trial court to determine the issue of child support without a child support guidelines worksheet (C) holding trial court had discretionary authority to enter order setting child support amount as less than that provided for in the parties separation agreement (D) holding the court has the inherent authority to enter an order of confidentiality (E) holding that an order that determines only the right to attorneys fees without setting the amount is a nonappealable nonfinal order
(C)

to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Commissioner, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby. 15 U.S.C. § 1119. 27. The legal issue in a cancellation proceeding is the right to register a mark and when a mark is not incontestable, a court may cancel the mark on any ground which would have prevented registration initially. International Order of Job's Daughters, 727 F.2d at 1091. 28. As noted, a mark "which does not fulfill the functions of a trademark, but, rather, serves essentially a utilitarian or functional purpose cannot be registered as a trademark." Id.; see Goodyear Tire & Rubber Co. v. Robertson, 25 F.2d 833, 834-35 (4th Cir.1928) (<HOLDING>). 29. Because Shakespeare's mark is a 
 Holding statements: (A) holding that automobile racing is not an ultrahazardous activity (B) holding that diamondshaped tread on tire which is a mechanically functional feature of an automobile tire cannot be registered (C) holding when a policeman has made a lawful custodial arrest of the occupant of an automobile he may as a contemporaneous incident of that arrest search the passenger compartment of that automobile (D) holding that owners and officers of automobile dealership who were neither consumers nor competitors in automobile market lacked standing to bring antitrust action against automobile manufacturer (E) holding that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered  stopping an automobile and detaining the driver in order to check his drivers license and the registration of the automobile are unreasonable under the fourth amendment
(B)

the dismissal would be without prejudice). See also Dunham v. Fullerton, 258 P.3d 701, 704 (Wyo. 2011) (affirming Rule 25 dismissal for untimely substitution: “dismissal without prejudice was proper—it was not an adjudication on the merits, and the statute of limitations has not run”). Still other courts have reasoned that a trial judge dismissing an action per Rule 25 is invested with the same level of discretion as one acting pursuant to Rule 41. Therefore, a court may properly dismiss claims without prejudice under Rule 25 if it finds that, under the circumstances, the plaintiff has not acted with extreme dereliction and the defendant has not suffered acute prejudice by reason of the delay. See, e.g., Keating v. Levitan Mfg. Co., 2009 U.S. Dist. LEXIS 6839 at n.1 (E.D.N.Y. 2008) (<HOLDING>); Bessent v. Nat’l Housing Partnership, 2008 
 Holding statements: (A) holding that in the circumstances presented viz plaintiffs failure to prosecute for months following suggestion of death but with no discernible prejudice to defendant dismissal without prejudice was appropriate sanction (B) holding that plaintiffs failure to respond to argument warranted dismissal with prejudice (C) holding that de facto dismissal without prejudice was appropriate where a plaintiffs certificate failed to state with specificity that a defendant was the proximate cause of the plaintiffs injury (D) holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice (E) holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice

(A)