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.

Input: Consider Input: States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). By assenting to settlement in this action, Defendants waived, for example, the right to contest the EPA's regulatory jurisdiction, which would have been an element of the EPA's substantive claim. See United States v. Krilich, 209 F.3d 968, 972 (7th Cir.2000) ("[T]he interstate connection, i.e. that the waters involved were 'waters of the United States,' is merely an element of the United States' Clean Water Act case under section 301."), cert. denied, 531 U.S. 992, 121 S.Ct. 482, 148 L.Ed.2d 455 (2000); see also United States v. Wilson, 133 F.3d 251, 264 (4th Cir.1997) (indicating proof of interstate nexus is an element of criminal liability under CWA); United States v. Ahmad, 101 F.3d 386, 391 (5th Cir.1996) (<HOLDING>). Moreover, a consent decree "is an agreement
Holding statements: (A) recognizing that exhaustion is mandatory and jurisdictional (B) recognizing the existence of the special relationship (C) recognizing existence of two tests (D) recognizing the existence of purely jurisdictional elements (E) holding that one of the essential elements of an abuse of process claim is the existence of an ulterior motive

Output: recognizing that exhaustion is mandatory and jurisdictional

Input: Consider Input: to survive. See Plaintiffs' Brief, 9-10 citing Phillips, 515 F.3d at 233 (explaining that Rule 8(a)(2) general notice pleadings standard remains intact after Twombly) Because this question goes to the very heart of the matter, it must be addressed first. To recapitulate, this Court's April 2007 Opinion weighed the sufficiency of the "enterprise" allegations in accordance with the Third Circuit's ruling in Seville Indus. Mach. Corp. v. Southmost Mach. Corp., 742 F.2d 786 (3d Cir.1984). See 365 B.R. at 548. Seville stated that nothing more than general notice pleading was required for pleading a RICO enterprise. Seville relied, implicitly, on the long-standing rule regarding notice pleading first enunciated in Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101, 2 L.Ed.2d 80 (1957) (<HOLDING>) But two months after this Court's April 2007
Holding statements: (A) holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief (B) holding that a pro se complaint should not be dismissed unless it appears that the plaintiff can prove no set of facts which would entitle him to relief (C) holding that dismissal is proper only if it appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief (D) holding that a complaint will not be dismissed unless it appear beyond doubt that the plaintiff can prove no set of facts in support of his claim (E) recognizing the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief

Output: holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief

Input: Consider Input: 373 F.Supp.2d at 72 (noting that "[t]he determination that a branch of government has exceeded its constitutional authority does not express lack of respect for it" and that international agreements regarding "property that was expropriated or nationalized by Vietnam" were not related to the herbicide claims). 46 . See Whiteman, 431 F.3d at 70 (political question claims are analyzed on a "case-by-case" basis); Can, 14 F.3d at 163 ("The political question doctrine must be cautiously invoked."). See also In re Agent Orange Prod. Liab. Litig., 373 F.Supp.2d at 65 (noting that experts have observed that the "political question doctrine is in a state of some confusion") (citations and quotations omitted). 47 . Goldwater v. Carter, 444 U.S. 996, 1000, 100 S.Ct. 533, 62 L.Ed.2d 428 (1979) (<HOLDING>). 48 . Baker, 369 U.S. at 217, 82 S.Ct. 691. 49
Holding statements: (A) holding that persecution was on account of political opinion because petitioners prosecutorial investigation into acts of political corruption was by its very nature political (B) holding that the determination of the boundaries of a political subdivision of the state is a political question solely within the power prerogative and discretion of the legislature and not subject to judicial review (C) holding state constitution provides senate with authority to judge election returns and qualifications of its members (D) holding that state constitution required reasonable nonresident rates (E) holding that senator goldwaters claim that the constitution required senate agreement to abrogate a treaty raised a political question
Output: holding that persecution was on account of political opinion because petitioners prosecutorial investigation into acts of political corruption was by its very nature political