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.

under Section 15, Article II of the Maryland Constitution. The majority’s greatest foible, however, is in its treatment of the primary issue before this Court, whether the enactment of Senate Bill 1, by which the Legislature removed the PSC Commissioners, constituted an encroachment by the Legislature on the gubernatorial powers enumerated in Sections 1, 9 and 15, Article II of the Maryland Constitution, and a violation of Section 8 of the Declaration of Rights’ separation of powers. Aristotle’s principles, explored by John Locke, and later pragmatically structured by Baron de Montesquieu, are generally credited as the mainstay of the separation of powers doctrine. Edward Rubin, The Myth of Accountability and the Anti-Administrative Impulse, 103 Mich. L.Rev.2073, 2093 n. 59 (2005) (<HOLDING>)-, Jim Rossi, Dual Constitutions and 
 Holding statements: (A) holding that claim premised on the organizing arming and disciplining of members of the national guard involved issue committed expressly to the political branches of government (B) recognizing that the american governments three distinct branches originate from a fusion of concepts found in aristotles the politics john lockes the second treatise of government and montesquieus the spirit of laws (C) recognizing products liability concepts as part of general maritime law (D) recognizing that when other branches of government are remiss in their constitutional duties the judiciary must act (E) recognizing that standing doctrine is fundamentally rooted in respect for the separation of powers of the independent branches of government
holding that claim premised on the organizing arming and disciplining of members of the national guard involved issue committed expressly to the political branches of government

advertising regarding the digestive benefits of “Align,” a daily food supplement. Plaintiff alleged that although Procter & Gamble promoted the “clinically proven” digestive benefits of “Align,” in fact, there was no clinical data showing that Align improved digestion. The Rikos court held that the plaintiff had alleged “injury in fact” in the form of economic injury: “Plaintiff purchased Align in reliance on P & G’s claims that the product provides defined health benefits, when these advertisements were allegedly false and deceptive.... Accordingly, Plaintiff maintains that [his] purchase of the product is the economic harm, because it was not provided as advertised.” Id. at 530, at *5. See also In re Celexa and Lexapro Mktg. and Sales Practices Litig., 751 F.Supp.2d 277 (D.Mass.2010) (<HOLDING>). Defendants’ reliance on “no-injury” products 
 Holding statements: (A) holding that the plaintiff sufficiently alleged injuryinfact where he alleged that the product an antidepression drug was unsatisfactory because it was inappropriate and not efficacious for his son (B) holding that the plaintiff had sufficiently alleged injuryinfact based on impact to sites that the plaintiff had visited in the past and planned to revisit each year in the future (C) holding that police chiefs son who alleged that he was denied an interview for a position because his father had criticized the local officials did not have standing to assert the first amendment rights of his father (D) holding that evidence of prior drug sales was sufficiently similar to the crimes charged  to be probative of the fact that the defendant was not merely an innocent driver who was involved in the drug transaction by accident (E) holding that the plaintiff alleged sufficient facts in his complaint to state a claim for wrongful discharge where he alleged he was discharged due to his political affiliation and activities
holding that the plaintiff had sufficiently alleged injuryinfact based on impact to sites that the plaintiff had visited in the past and planned to revisit each year in the future

adverse treatment that in the circumstances might well dissuade a reasonable person from engaging in protected activity. EEOC Enforcement Guidance II B.2. I would also agree with Burlington Northern, the EEOC, and the better reasoned caselaw that the determination of whether a plaintiff has introduced evidence sufficient to establish a material adverse action is fact specific and will, in most cases, generate a jury question. Of course, petty incidents in isolation do not suffice to show a materially adverse impact, but determining what is so petty that it would not deter a reasonable person from utilizing complaint procedures is usually best decided by a diverse jury with a mix of real world experience rather than by the court. Cf. Bell v. Johnson, 308 F.3d 594, 603-05 (6th Cir. 2002) (<HOLDING>); Gallagher v. Delaney, 139 F.3d 338, 342 (2d 
 Holding statements: (A) holding that retaliatory discharge is a clearly established first amendment violation (B) holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal (C) recognizing the tort of retaliatory discharge (D) holding that retaliatory discharge based solely on protected speech by ones spouse is actionable under the first amendment (E) holding unless claimed retaliatory action is truly inconse quential the plaintiffs first amendment claim should go to the jury

holding that retaliatory discharge is a clearly established first amendment violation