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:
purposes of nonclient standing] is a question of fact."). Neither party argues that Mark and Marie share some type of legally recognizable confidential relationship, and Marie offered no evidence to the district court that Mark acquired any privileged, confidential information from Marie. In Brown, this court concluded that "disqualification is not warranted absent proof of a reasonable probability that counsel actually acquired privileged, confidential information." 116 Nev. at 1202, 14 P.3d at 1267 (emphasis added). Similarly, in the context of familial relationships, other courts have declined to disqualify counsel absent proof that counsel actually acquired confidential information from a family member. See, e.g., Addam v. Superior Court, 10 Cal. Rptr. 3d 39, 42 (Ct. App. 2004) (<HOLDING>); DCH Health Services, 115 Cal. Rptr. 2d at
Holding statements: (A) holding in a marital dissolution action that a sibling relationship between a husbands attorney and a wifes former physician was insufficient to disqualify the attorney and explaining that the attorneys brother presumably possesses confidential information relating to the wife but there is no evidence that he disclosed any such information to his sister (B) holding that presumption of access to and knowledge of confidential information between attorney and former client notwithstanding attorneys declarations to the contrary may not be rebutted (C) holding that in order to determine whether disqualification of plaintiffs attorney is appropriate because of a previous attorneyclient relationship he had with the defendant the court must determine whether confidential information was passed from client to attorney (D) holding that a wife is not liable simply by virtue of the marital relationship for her husbands fraudulent acts (E) holding that a corporate insider must abstain from trading in shares of his own corporation unless he has first disclosed the material information known to him not because of the relationship between the buyer and seller but because of the relationship of trust and confidence between the shareholders and the insider who obtained the confidential information by reason of his position with that corporation that relationship gives rise to a duty to disclose because of the need to prevent the insider from taking unfair advantage of the uninformed minority stockholders
answer:
(A)

question:
elderly father who was not active in Tejas's business. Since 1993, Payne and his father have been the only directors. The record also raises other fact questions as to alter ego; for example, in Payne's deposition testimony (which was offered in the motion to deny summary judgment) Payne testified that he neither knew his specific title nor who the other directors were. Tejas's corporate meetings were held at Payne's car dealership office. The record also shows that Payne used some of his personnel from the dealership to handle bookkeeping functions for Tejas. Moreover, the record reveals that of the $379,510.13 fisted as accounts receivable in Tejas's balance sheet, $292,162.00 of that amount is allocated as accounts receivable payable to "EM Payne." See Castleberry, 721 S.W.2d at 272 (<HOLDING>). Payne argues that these facts are not enough
Holding statements: (A) recognizing that pursuant to the traditional application of the alter ego doctrine corporate form may be disregarded when the corporation is the mere instrumentality or business conduit of another corporation or person (B) holding that the us attorneys office is the alter ego of the united states exercising its sovereign power of prosecution (C) holding that alter ego is shown from the total dealings of the corporation (D) holding an alter ego action could be brought by the debtor corporation under texas law (E) holding jurisdiction over an individual may not usually be predicated on jurisdiction over a corporation unless the corporation is the alter ego of the individual or when the individual perpetrates a fraud
answer:
(C)