TASK DEFINITION: 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.
PROBLEM: of priorities for economic development” — were the centers of power in many areas of importance. Harry Scheiber, Federalism and the American Economic Order, 1789-1910, Law and Soc’y (Fall 1975) 57, 97. See generally id. at 86-100 (discussing diffusion of power and rnment’s contentions here ... would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States.”); id. at 578, 115 S.Ct. 1624 (“[T]he federal balance is too essential a part qf our constitutional structure and plays too vital a role in securing freedom for us to admit inability to intervene when one or the other level of Government has tipped the scales too far.”); New York v. United States, 505 U.S. 144, 112 S.Ct. 2408, 120 L.Ed.2d 120 (1992) (<HOLDING>); id. at 178, 112 S.Ct. 2408 (“No matter how 
 Holding statements: (A) holding that despite 1985 amendments minimum jurisdictional amount remains 50000 (B) holding that the protect act amendments to the standard of review apply retroactively (C) holding that an unconstitutional policy may be inferred from an officials single decision or act (D) holding that an unconstitutional act of congress has no legal effect (E) holding unconstitutional taketitle provision of the lowlevel radioactive waste policy amendments act of 1985

SOLUTION: (E)

PROBLEM: Inc., 575 F.2d 62, 66 (3d Cir.1978); Novelty Textile Mills v. Joan Fabrics Corp., 558 F.2d 1090, 1093 n. 3 (2d Cir.1977). 7 .The rationale for this rule, as Judge Aldrich stated, is that "to permit copyrighting [in that case] would mean that a party or parties, by copyrighting a mere handful of forms [of expression], could exhaust all possibilities of future use of the substance ... [and thus] the subject matter would be appropriated by permitting the copyrighting of its expression. We cannot recognize copyright as a game of chess in which the public can be checkmated.” Morrissey v. Procter & Gamble Co., 379 F.2d 675, 678-79 (1st Cir.1967). 8 . As an example of where dissection was improperly used, see Apple Barrel Productions Inc. v. Beard, 730 F.2d 384, 387-88 (5th Cir.1984) (<HOLDING>). 9 .For example, the court may find that the 
 Holding statements: (A) holding that consideration supports the agreement as a whole (B) holding that the district court erred when it failed to consider the presumption of irreparable harm (C) holding district court erroneously failed to consider copyrighted show as a whole (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding appellate courts must consider the trial courts jury charge as a whole

SOLUTION: (C)

PROBLEM: U.S. Fire tacitly acknowledged in its 2007 papers (and also before us now) that some portion of the ENSR bills relating to the 2004 site work constitutes recoverable defense costs. Yet, as with the legal fees, U.S. Fire made no attempt to pay a single cent, nor is there any record evidence that it made any effort to resolve the sizable remuneration issue. U.S. Fire’s apathy stands in sharp contrast to the Museum’s multiple requests for some measure of contractual defense benefits in 2004 and 2005; its request for clarification in August 2005 of what “defense expenditures [its insurer may have paid] to date [and] on what terms”; and its express reminder about the ENSR bills in its November 2006 correspondence. Cf. Vt. Mut. Ins. Co. v. Maguire, 662 F.3d 51, 56-58 (1st Cir.2011) (<HOLDING>). We also reject U.S. Fire’s attempt to 
 Holding statements: (A) holding that insureds criminal convictions were sufficient to preclude relitigation of the issue of the insureds subjective intent for purposes of evaluating the insurers duty to defend (B) holding that the language of  9133 applies only to insurers and not to the insurers employees (C) holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss (D) holdingas a matter of law that the insurers diligent investigation efforts and readiness to comply negated allegations of breach especially when compared to the insureds lackadaisical conduct (E) holding that insureds breach of contract suit against insurer raised a coverage issue which was not settled by insurers payment of only part of what insured was claiming in breach of contract action

SOLUTION:
(D)