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.

Input: Consider Input: 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

Output: (E)


Input: Consider Input: with the same deficiency — the court should strike his pleading or, depending on the circumstances, dismiss his case and consider the imposition of monetary sanctions.”). We are not, however, convinced that the instant case was one with respect to which a dismissal with prejudice was appropriate under the circumstances. Moreover, a complaint — so long as it is minimally sufficient to put a defendant on notice of the claims against him — will not fail for mere surplusage. See United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003) (“Surplusage can and should be ignored. Instead of insisting that the parties perfect their pleadings, a judge should bypass the dross and get on with the case.”); Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir.2001) (<HOLDING>). We have recognized that “[pleading facts not 
 Holding statements: (A) holding it was not an abuse of discretion to exclude testimony (B) holding failure to exercise discretion is abuse of discretion (C) holding that the appropriate standard of review is abuse of discretion (D) holding that it is an abuse of discretion  to dismiss a complaint merely because of the presence of superfluous matter (E) holding it was not an abuse of discretion to deny funds

Output: (D)


Input: Consider Input: supply coverage were not existed. Mgmt. Specialists, Inc. v. Northfield Ins. Co., 117 P.3d 32, 37 (Colo.App.2004). 3. Common Law Duty to Mitigate In addition to the contractual language, RK argues that it had a common law duty to mitigate because “[i]t is well-settled law in Colorado that an injured party may not recover damages for injuries which could reasonably have been avoided.” (RK Mot. at 10 (citing Fair v. Red Lion Inn, 943 P.2d 431, 437 (Colo.1997)).) RK asserts that the corollary to this rule is that a plaintiff is entitled to compensation for expenditures made in attempting to mitigate damages. (Id. (citing Tull v. Gundersons, Inc., 709 P.2d 940, 946 (Colo.1985)).) In Colorado, the common law duty to mitigate damages arises from a breach. See Fair, 943 P.2d at 437 (<HOLDING>); Tull, 709 P.2d at 946 (holding that plaintiff 
 Holding statements: (A) holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action (B) holding that employee had duty to mitigate damages following breach of employment contract by accepting offer of reinstatement (C) recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract (D) holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages (E) holding that no reporters record was required in suit to recover damages for breach of employment contract because the claim for damages was liquidated and proved by the employment contract attached to the petition


Output: (B)