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.
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Question: In my judgment, it is extremely doubtful that the obviously dispensable involvement of the judiciary in the intermediate stages of a procedure that begins and ends in the Executive Branch is a proper exercise of judicial power. See Gordon v. United States, 117 U. S. Appx. 697, 702-703 (1864) (opinion of Taney, C. J.); United States v. Ferreira, 13 How. 40, 48 (1852). It may well follow that the misguided opinion of today’s majority has nothing more than an advisory character. Whether or not that be so, the better rea soning in Justice Souter’s far wiser and far more scholarly opinion will surely be the law one day. For these reasons, as well as those set forth in Justice Souter’s opinion, I respectfully dissent. 1 See, e. g., Pennsylvania v. Union Gas Co., 491 U. S. 1 (1989) (<HOLDING>); In re Merchants Grain, Inc., 59 F. 3d 630 
 Holding statements: (A) holding that an action by plaintiffs who had a legal obligation to conduct cleanup pursuant to a  106 order and then sought costs for cleanup from other prps was the quintessential action for contribution (B) holding that a federal court may order a state to pay cleanup costs pursuant to the comprehensive environmental response compensation and liability act of 1980 (C) holding that response costs can be necessary even though the agency that required cleanup never approved the response actions taken (D) holding that bankruptcy court may enjoin state environmental reclamation order (E) holding that debtor was liable to the commonwealth for past and future cleanup costs

Answer: holding that an action by plaintiffs who had a legal obligation to conduct cleanup pursuant to a  106 order and then sought costs for cleanup from other prps was the quintessential action for contribution


Question: in the record of any possible medical treatment that Monroe County or the individual defendants could have provided to save the life of the Decedent. Phillips argues in her brief that it is not necessary for her to prove chemotherapy would have saved the Decedent’s life. First, she refers to the fright and anxiety both she and the Decedent suffered because of the delay in chemotherapy. In this regard, Phillips confuses the causation issue. In a survival action, damages for the Decedent’s physical suffering and mental anxiety as a result of the alleged deprivation of medical care would have been appropriate. In a wrongful death context, however, no damages are available until the plaintiff has cleared the causation hurdle. See Wilks v. Am. Tobacco Co., 680 So.2d 839, 842 (Miss.1996) (<HOLDING>). Second, Phillips suggests that she need only 
 Holding statements: (A) recognizing cause of action for wrongful death (B) holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute (C) holding unconstitutional a state wrongful death statute which denied illegitimate children the right to recover for the wrongful death of their mother (D) holding that a failure to include a beneficiary in a wrongful death action is a defect because the wrongful death act restricts plaintiffs to a single action (E) holding that mississippis wrongful death statute creates an independent cause of action

Answer: recognizing cause of action for wrongful death


Question: 40 (1983)). The result obtained governs the determination of which party prevailed, and “the fairest test to determine who is the prevailing party is to allow the tria 45-46 (Fla.Dist.Ct.App.2011) (“[Ajppel-lant was entitled to attorney’s fees as the prevailing party in the case.... Like Val-carcel, the dismissal in this case was not an adjudication on the merits, since it was a dismissal without prejudice. Under Val-carcel, however, a defendant may ‘prevail’ even where the case is not dismissed on the merits. The fact that the trial court dismissed the case without prejudice was sufficient to trigger appellant’s entitlement to attorney’s fees as the prevailing party under the rental contract.”); Baratta v. Valley Oak Homeowners’ Ass’n, 891 So.2d 1063, 1065 (Fla.Dist.Ct.App.2004) (<HOLDING>); see also Alhambra Homeowners Ass’n, Inc. v. 
 Holding statements: (A) holding that the plaintiffs were not prevailing parties entitled to attorneys fees for successfully securing a remand of the attorneys fees issue because the ruling was unrelated to the merits of the plaintiffs claim and the issue was not significant nor a benefit the plaintiffs sought in bringing their action (B) holding that a defendant homeowners association was the prevailing party for purposes of attorneys fees when a plaintiff homeowners action was dismissed for failure to prosecute (C) holding that the defendant became the prevailing party and thus properly claimed attorneys fees when the plaintiffs claim was involuntarily dismissed for failure to prosecute (D) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees (E) holding that a defendant is the prevailing party within the meaning of statutory provisions awarding attorneys fees to the prevailing party even when the plaintiff voluntarily dismisses the action

Answer:
holding that the plaintiffs were not prevailing parties entitled to attorneys fees for successfully securing a remand of the attorneys fees issue because the ruling was unrelated to the merits of the plaintiffs claim and the issue was not significant nor a benefit the plaintiffs sought in bringing their action