TASK DEFINITION: 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.
PROBLEM: by [the motorist]." Freitas II, 108 Hawai'i at 44, 116 P.3d at 686 (citing Desmond, 91 Hawai'i at 219, 982 P.2d at 353) (brackets in original). In Desmond, the ICA noted that "it is advisable that, at the commencement of the administrative hearing, the Hearing Officer inform the parties what procedure he or she will follow." 91 Hawai'i at 219, 982 P.2d at 353 (emphasis added). In rejecting Freitas's argument, this court observed that "procedural due process requires that a person have an 'opportunity to be heard at a meaningful time and in a meaningful manner.' " 108 Hawai'i at 44, 116 P.3d at 686 (quoting Farmer v. Admin. Dir. of the Courts, 94 Hawai'i 232, 238, 11 P.3d 457, 463 (2000)); cf. Padilla-Agustin v. Immigration & Naturalization Serv., 21 F.3d 970, 974 (9th Cir.1994) (<HOLDING>). Since the hearing officer had advised Freitas
Holding statements: (A) holding that due process requires not only notice but sufficient information to allow petitioner to prepare and present objection to the agencys preliminary action or decision (B) holding that notice to the attorney of record constitutes notice to the petitioner (C) holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel (D) holding that due process requires a hearing appropriate to the nature of the case (E) holding that due process requires that notice be reasonably calculated under all circumstances to provide parties with notice of the pending action

SOLUTION: holding that notice to the attorney of record constitutes notice to the petitioner

PROBLEM: 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

SOLUTION: 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

PROBLEM: Alleyne error, Ellis, 868 F.3d at 1170-71, Ellis made clear that a defendant need not "object[] during,trial to the jury instructions or the general-verdict form to preserve an Al-leyne objection." Id. at 1171. Instead, the burden is on the government to make sure the jury is properly instructed. Id. ("If the government wanted a heightened sentence under [ 841(b)(1)(A) ], it was obliged to ensure the jury received proper jury instructions and a special-verdict form with spaces enabling the jury to find [the defendant's] individually attributable powder and crack-cocaine amounts."). Nevertheless, a defendant must object at some point before she is sentenced to preserve Alleyne error. Id. To be clear, however, use of the term "Alleyne" is not a necessary predicate to preservation. Id, (<HOLDING>). At oral argument, the parties argued
Holding statements: (A) holding that statutory maximum is twenty years when drug quantity is not charged as element of offense and found by jury beyond a reasonable doubt (B) holding that when the indictment charges that a certain minimum quantity of drugs is involved in the offense proof of that quantity is a fourth element of the offense (C) holding a defendant can preserve the type of error at issue here by invoking the applicable decision here alleyne or by claiming that the issue of drug quantity should go to the jury that an element of the offense was not proved that the judge cannot determine quantity or that quantity must be proved beyond a reasonable doubt and not by a preponderance of the evidence quotations and alteration omitted (D) holding that where the indictment charged drug quantity but drug quantity was not submitted to the jury the district court erred in using drug quantity to increase the penalty beyond the twentyyear maximum of 841b1c (E) holding that apprendi dictates that in order to authorize the imposition of a sentence exceeding the maximum allowable without a jury finding of a specific threshold drug quantity the specific threshold quantity must be treated as an element of an aggregated drug trafficking offense ie charged in the indictment and proved to the jury beyond a reasonable doubt internal footnote omitted

SOLUTION:
holding that statutory maximum is twenty years when drug quantity is not charged as element of offense and found by jury beyond a reasonable doubt