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. 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.
PROBLEM: 8 . See, e.g., Nolfi v. Ohio Ky. Oil Corp., 675 F.3d 538, 547 (6th Cir.2012); Pacific Dunlop Holdings v. Allen & Co., 993 F.2d 578, 581 (7th Cir.1993); Adena Exploration, Inc. v. Sylvan, 860 F.2d 1242, 1244 (5th Cir.1988); Penturelli, 779 F.2d 160 at 166; Gilbert v. Nixon, 429 F.2d 348, 354 (10th Cir.1970); Shimer v. Webster, 225 A.2d 880, 883 (D.C.1967); Fund of Funds, Ltd. v. Arthur Andersen & Co., 545 F.Supp. 1314, 1346 (S.D.N.Y.1982). 9 . Interpreting the same language, the United States District Court for the Central District of Illinois observed that Congress intended "to specifically include as securities 'only that form of splitting up of mineral interests which had been most utilized for speculative purposes.' " Fearneyhough v. McElvain, 598 F.Supp. 905, 907 (C.D.Ill.1984) (<HOLDING>). 1 The Lenau [Appellants] signed the
Holding statements: (A) recognizing that it is an unusual challenge to a sale that does not distort the validity of the sale and that the exception likely has meaning only when collateral issues are challenged (B) holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b (C) holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the instrument (D) holding that the sale of the entire leasehold interest in the oil and gas rights in plaintiffs land does not constitute the sale of a security within the meaning of the 1933 and 1934 acts notwithstanding the fact that the plaintiffs retained an overriding oneeighth 18 royalty interest (E) holding that the amount of water rights appurtenant to the land is the amount that is being used thereon before and at the time of the sale

SOLUTION: (D)

PROBLEM: 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

SOLUTION: (D)

PROBLEM: or fact common to the class." This standard is not strictly construed: Rule 23(a)(2) has been construed permissively. All questions of fact and law need not be common to satisfy the rule. The existence of shared legal issues with divergent factu or defenses of the representative parties are typical of the claims or defenses of the class." "Typicality and commonality requirements are similar and tend to merge." Californians for Disability Rights, Inc. at 346 (N.D.Cal.2008); see also Wal-Mart, 131 S.Ct. at 2551, n. 5. "Under the rule's permissive standards, representative claims are 'typical' if they are reasonably coextensive with those of absent class members; they need not be substantially identical." Hanlon, 150 F.3d at 1020; see also L.H v. Schwarzenegger, 2007 WL 662463, at *12-13 (<HOLDING>). Although the claims of the purported class
Holding statements: (A) holding that minor differences among the class are inconsequential and rejecting the defendants assertion that plaintiffs had not shown sufficient evidence that each plaintiff was disabled since the deprivations complained of by plaintiffs affected the entire class (B) holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity (C) holding that the filing of a class action by a class representative without standing tolls the period of limitations with regard to all asserted members of the class and that the amendment of the complaint by the addition of a class member with standing relates back to the original complaint (D) holding that where material misrepresentations are made to class members an inference of reliance arises to the entire class (E) recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members

SOLUTION:
(A)