instruction:
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.
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:
an interpretation of section 85.321 that would make any party who holds a mineral interest indefinitely liable to all subsequent interest holders for prior alleged damage to the land. The consequences of such an interpretation run contrary to the legislative intent to protect and encourage the development of Texas natural resources. See Tex. Const. art. XVI, 59. We are mindful of the consequences of a particular construction. See Tex. Gov't Code 311.023(5); McIntyre, 109 S.W.3d at 745. Absent a legislative enactment clearly abrogating the common law, we conclude that Emerald does not have standing as a subsequent lessee to pursue a claim under section 85.321 for Exxon's alleged wrongful actions as a prior lessee. See, e.g., Tooke v. City of Mexia, 197 S.W.3d 325, 342-43 (Tex.2006) (<HOLDING>). C. Negligence Per Se Because our holding that
Holding statements: (A) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law (B) holding that tex loc govt code 51075 abrogated city of texarkana v city of new boston 141 sw3d 778 texapptexarkana 2004 (C) holding that city attorneys promise in an oral settlement agreement for city to annex and rezone land was within the legal authority of the city of joliet to accomplish and were not absolutely void acts per se therefore city could be estopped from avoiding enforcement of contract (D) holding that the city of boston was acting as a market participant when it contracted for public works construction (E) holding that distribution of catalogs to city addresses constituted use within city subject to taxation under municipal code provision
answer:
(B)

question:
of the evidence to have determined the outcome." Id.; accord Snow v. State, 697 S.W.2d 663, 666-68 (Tex.App.-Houston [1st Dist.] 1985), pet. dism'd, 794 S.W.2d 371 (Tex.Crim.App.1987). A "single egregious error" may constitute ineffective assistance. Thompson, 9 S.W.3d at 813. Frequently, it has. Texas Cases Reversing Without Evidence of Trial Strategy In at least 22 cases decided after the Court of Criminal Appeals decided Jackson v. State, Texas courts have reversed even though no evidence of trial counsel's reasoning was presented. See Woods v. State, 59 S.W.3d 833, 835-38 (Tex.App.-Texarkana 2001, pet. filed); Mares v. State, 52 S.W.3d 886, 893 (Tex.App.-San Antonio 2001, pet. ref'd); Jaubert v. State, 65 S.W.3d 73 (Tex.App.-Waco 2000, pet. granted) (designated for publication) (<HOLDING>); Robison v. State, 35 S.W.3d 257, 265
Holding statements: (A) recognizing rule (B) recognizing a limited exception to the eightcorners rule for a pure coverage question where the insurer is not questioning the merits of the underlying thirdparty claim and the extrinsic evidence goes strictly to an issue of coverage without contradicting any allegation in the thirdparty claimants pleadings material to the merits of that underlying claim (C) recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court (D) holding that procedural bar rule does not apply to ineffectiveness claims (E) recognizing the rule in robinson and reviewing the merits of ineffectiveness claim without evidence of trial counsels strategy
answer:
(E)