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.

Q: under Section 15, Article II of the Maryland Constitution. The majority's greatest foible, however, is in its treatment of the primary issue before this Court, whether the enactment of Senate Bill 1, by which the Legislature removed the PSC Commissioners, constituted an encroachment by the Legislature on the gubernatorial powers enumerated in Sections 1, 9 and 15, Article II of the Maryland Constitution, and a violation of Section 8 of the Declaration of Rights' separation of powers. Aristotle's principles, explored by John Locke, and later pragmatically structured by Baron de Montesquieu, are generally credited as the mainstay of the separation of powers doctrine. Edward Rubin, The Myth of Accountability and the Anti-Administrative Impulse, 103 Mich. L.Rev.2073, 2093 n. 59 (2005) (<HOLDING>)-, Jim Rossi, Dual Constitutions and
Holding statements: (A) holding that claim premised on the organizing arming and disciplining of members of the national guard involved issue committed expressly to the political branches of government (B) recognizing that the american governments three distinct branches originate from a fusion of concepts found in aristotles the politics john lockes the second treatise of government and montesquieus the spirit of laws (C) recognizing products liability concepts as part of general maritime law (D) recognizing that when other branches of government are remiss in their constitutional duties the judiciary must act (E) recognizing that standing doctrine is fundamentally rooted in respect for the separation of powers of the independent branches of government

A: holding that claim premised on the organizing arming and disciplining of members of the national guard involved issue committed expressly to the political branches of government
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Q: not contest Alaimalo's actual innocence. B. Prior Opportunities to Raise Actual Innocence Claim We turn to the question of whether Alaimalo's actual innocence claim was unavailable to him during his direct appeal and his first 2255 motion. In making this determination, we consider "(1) whether the legal basis for petitioner's claim did not arise until after he had exhausted his direct appeal and first 2255 motion; and (2) whether the law changed in any way relevant to petitioner's claim after that first 2255 motion." Harrison, 519 F.3d at 960 (internal quotation marks omitted). An intervening court decision must "effect a material change in the applicable law" to establish unavailability. Harrison, 519 F.3d at 960. See also In re Davenport, 147 F.3d 605, 607, 610 (7th Cir.1998) (<HOLDING>); Triestman v. United States, 124 F.3d 361 (2d
Holding statements: (A) holding that the supreme courts decision in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 effected a material change in the law because the circuit previously held that accessability of a firearm was enough to support an inference that a firearm was used in a drug crime whereas bailey required active employment of the firearm (B) holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used (C) holding that the supreme courts interpretation of 18 usc 924c1 in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 has retroactive application to cases on collateral review (D) holding that the rule announced in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 applies retroactively on collateral review (E) holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense

A: holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used
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Q: wills. R. at 150. The affidavits from Messrs. Almazan and Pacquing, alleging that Carlos Pacquing died during World War II and thus could not have placed the veteran with the BC, are likewise not material given that the veteran admitted under oath to having served in the BC. R. at 110. See Blackburn, Villaruz, and Cox, all supra. The other evidence added to the record is similarly not new and material. The .service records submitted address the veteran's dates of active and inactive duty with the Navy; most are duplicates of documents already of record, and are not material because they do not shed light on his activities with the BC between 1942 and 1944. Compare R. at 15, 17, 19, 28, 41, 44-45, 47 with R. at 160-61, 185, 195, 201, 203; see Rightly v. Brown, 6 Vet.App. 200, 205 (1994) (<HOLDING>); Colvin, supra. The appellant asserts that the
Holding statements: (A) holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record (B) holding that evidence not submitted to the district court cannot be part of the record on appeal (C) holding that new evidence must be evidence that is not merely cumulative (D) holding that new evidence is evidence not previously of record and not merely cumulative of other evidence (E) holding that material submitted by appellant that is cumulative of evidence previously of record is not new

A:
holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record
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