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.
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Question: 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

Answer: (D)


Question: in ways that create a substantial risk of producing or exacerbating personal injury to her child, to exercising too much or too little, indeed to engaging in virtually any injury-prone activity that, should an injury occur, might reasonably be expected to endanger the life or safety of the child. Such ordinary things as skiing or horseback riding could produce criminal liability. If the State’s position were to prevail, there would seem to be no clear basis for categorically excluding any of those activities from the ambit of the statute; criminal liability would depend almost entirely on how aggressive, inventive, and persuasive any particular prosecutor might be. Kilmon v. State, 394 Md. 168, 177-78, 905 A.2d 306, 311-12 (Ct.App.2006). Additionally, the State’s suggested con 0 (1992) (<HOLDING>); People v. Morabito, 151 Misc.2d 259, 580 
 Holding statements: (A) holding an unborn viable fetus is not a human being under the new mexico child abuse statute and the mothers use of cocaine during pregnancy was not child abuse (B) holding a criminal charge of endangerment of a child does not apply to a pregnant woman who ingests an illegal substance that results in the transmission of drugs to her child through the umbilical cord (C) holding ohios child endangerment statute does not apply to mothers who abuse drugs during pregnancy (D) recognizing the unique relationship between mother and child during pregnancy and birth and permitting mothers claim for emotional distress where the mothers emotional wellbeing and the birth of the child are inextricably intertwined (E) holding child abuse statute clearly did not apply to fetuses and therefore did not apply to a mother who ingested cocaine during pregnancy

Answer: (C)


Question: ” Larson v. U.S. Dep’t of State, 565 F.3d 857, 869 (D.C.Cir.2009) (quoting Meeropol v. Meese, 252 U.S.App. D.C. 381, 790 F.2d 942, 956 (D.C.Cir.1986) (emphasis added)). The CIA was “not obliged to look beyond the four corners of the request for leads to the location of responsive documents.” Kowalczyk v. U.S. Dep’t of Justice, 73 F.3d 386, 389 (D.C.Cir.1996); but cf. Campbell v. U.S. Dep’t of Justice, 164 F.3d 20, 28 (D.C.Cir.1998) (requiring that an agency expand the scope of its search if during the search the agency discovers information suggesting the existence of documents elsewhere). The CIA’s failure, moreover, to produce a particular document does not necessarily undermine the adequacy of a search. Lasko v. U.S. Dep’t of Justice, 2010 WL 3521595, at *1 (D.C.Cir. Sept. 3, 2010) (<HOLDING>). Here, the CIA construed the plaintiffs 
 Holding statements: (A) holding that the agency did not have an obligation to search for and produce the documents the plaintiff claimed entitlement to because the plaintiffs foia request gave no indication that she sought those particular documents (B) holding that the failure to produce particular documents does not undermine the adequacy of a search citing wilbur v cent intelligence agency 355 f3d 675 678 dccir2004 (C) holding that an agency may only tier to documents subject to nepa review and citing cases (D) holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver (E) holding that it was fanciful to think that the court had revised its jurisprudence that the failure of a cause of action does not automatically produce a failure of jurisdiction

Answer:
(B)