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: 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: 558, 563, 564 S.E.2d 94, 96 (2002). DISCUSSION Moody argues the circuit court erred in granting Dairy-land's motion for summary judgment, asserting Dairyland did not make a meaningful offer of UIM coverage because it failed to offer coverage in amounts less than the statutory minimum limits. We disagree. "The cardinal rule of statutory construction is to ascertain and effectuate the intent of the legislature." Hawkins v. Bruno Yacht Sales, 353 S.C. 31, 40, 577 S.E.2d 202, 207 (2003).. Moreover, "[w]here the terms of the statute are clear, [this Court] must apply those terms according to their literal meaning." Brown v. South Carolina Dep't of Health & Envtl. Control, 348 S.C. 507, 515, 560 S.E.2d 410, 414 (2002); see also Rowe v. Hyatt, 321 S.C. 366, 369, 468 S.E.2d 649, 650 (1996) (<HOLDING>). In relevant part, section 38-73-470 provides
Holding statements: (A) holding that the clear and unambiguous words of an insurance contract should be given their plain and ordinary meaning (B) holding that we must give the words in statutes their plain and ordinary meaning (C) holding when interpreting a statute words must be given their plain and ordinary meaning without resorting to subtle or forced construction to limit or expand the statutes operation (D) holding that where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation (E) holding that statutory words must be given their ordinary contemporary meaning

SOLUTION: holding that the clear and unambiguous words of an insurance contract should be given their plain and ordinary meaning

PROBLEM: 10 . The district court repeatedly referred to the implied preemption of Hughes's "negligence per se claim." 11 . 337(a) states that "[e]xcept as provided in subsection (b), all such proceedings for the enforcement, or to restrain violations, of this Act shall be by and in the name of the United States." 12 . Hughes has asserted other causation theories which are untenable. She asserts that had Boston Scientific properly reported all bums (1) the FDA would have taken some regulatory action against the HTA, including but not limited to removing the HTA from the market; and (2) the HTA labels or user manual would have warned of the risk of burns associated with use of the HTA. The first theory is entirely speculative, Rod v. Home Depot USA, Inc., 931 So.2d 692, 695 (Miss.Ct.App.2006) (<HOLDING>), and could impermissibly allow the juiy to
Holding statements: (A) holding that prejudice cannot merely be alleged it must be affirmatively proved (B) holding that causation cannot be proved based on speculation (C) holding that court may not accept claims of fraud based on speculation (D) holding that securities fraud claims cannot rest on speculation and conclusory allegations (E) holding that speculation and conjecture cannot support an adverse credibility finding

SOLUTION:
holding that prejudice cannot merely be alleged it must be affirmatively proved