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.

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
(D)

determined that only the foregoing portion of this opinion will be printed in the Washington Appellate Reports and that the remainder shall be filed for public record pursuant to RCW 2.06.040, it is so ordered. Bridgewater, A.C.J., and Hunt, J., concur. 1 O'Connor later produced a valid concealed weapons permit. 2 Simple possession of a controlled substance is a lesser included offense of possession with intent to deliver. State v. Harris, 14 Wn. App. 414, 418, 542 P.2d 122 (1975); see State v. Sims, 119 Wn.2d 138, 142, 829 P.2d 1075 (1992) ("Where one merely possesses a controlled substance without the statutory element of intent, one is guilty of simple possession under RCW 69.50.401(d), absent unwitting possession."); State v. Robbins, 68 Wn. App. 873, 877, 846 P.2d 585 (1993) (<HOLDING>). 3 It is not clear when he purchased the
Holding statements: (A) holding defendant could only be sentenced to a single offense under section 1244011 not both conspiracy with intent to deliver and possession with intent to deliver (B) holding second simple possession conviction was not an aggravated felony because it was not prosecuted as recidivist possession (C) holding that possession with intent to distribute and simple possession are the same offense under blockburger (D) holding that trial court may arrest judgment on conviction for possession with intent to deliver and enter judgment of guilt on simple possession (E) holding that the defendants prior drug conviction for simple possession did not constitute a controlled substance offense because the plain language of 4b12b requires that the prior conviction involve possession with intent to distribute
(D)

Granite thus assumed "an advocacy role" "almost akin to Granite entering a general appearance for the trial court." This "desperate act," they contend, "constitutes nothing but a transparent effort to curry favor with the trial court." Granite's filing, they conclude, "has denied [the Spaffords] any meaningful opportunity to try their case, upon remand, before an impartial and disinterested tribunal within the meaning of the Fourteenth Amendment." A due process challenge is a question of law, which we review for correctness. See Chen v. Stewart, 2004 UT 82, 25, 100 P.3d 1177. 1 36 To begin with, this case presents nothing remotely approaching a violation of the Due Process Clause. Cf. Caperton v. A.T. Massey Coal Co., 556 U.S. 868, 129 S.Ct. 2252, 2256-57, 178 L.Ed.2d 1208 (2009) (<HOLDING>). But see id. at 2272-74 (Roberts, C.J.,
Holding statements: (A) holding that trial court was required to give full effect to supreme courts judgment and that by failing to do so the trial court abused its discretion (B) holding that no federal court other than the supreme court may entertain a proceeding to reverse or modify a judgment of a state court (C) holding that district court opinion which cites controlling authority that is pending review in florida supreme court allows supreme court to exercise jurisdiction (D) holding that due process required disqualification of a state supreme court justice from an appeal where the appellants chairman and president contributed 8 million to that supreme court justices election campaign after a 50 million verdiet was entered in the trial court (E) holding that the question of recusal of a supreme court justice is to be left to the individual justice
(D)