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.

Q: 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

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
****
Q: (Calero-Toledo v. Pearson Yacht Leasing Co. (1974), 416 U.S. 663, 40 L. Ed. 2d 452, 94 S. Ct. 2080.) Although Calero-Toledo did not involve the double jeopardy clause of the fifth amendment, the Court in that case emphasized that a forfeiture proceeding is brought against the instrumentality of a crime, rather than against the offender himself. The Calero-Toledo Court noted that the object of the forfeiture is “ ‘primarily considered as the offender ***. [T]he practice has been, and so this Court understand^] the law to be, that the proceeding in rem stands independent of, and wholly unaffected by any criminal proceeding in personam.’ ” (Calero-Toledo, 416 U.S. at 684, 40 L. Ed. 2d at 468, 94 S. Ct. at 2092, quoting The Palmyra (1827), 25 U.S. (12 Wheat.) 1, 14-16, 6 L. Ed. 531, 535-36 (<HOLDING>).) The Calero-Toledo Court also noted, 
 Holding statements: (A) holding claim that prior conviction was not serious felony under californias sentencing law not cognizable in federal habeas proceeding (B) holding that a judgment set forth in a separate document is not a prerequisite to appellate jurisdiction where the parties assumed that there was a final judgment (C) holding that a conviction for piracy was not a prerequisite to a proceeding to forfeit a ship allegedly engaged in piratical aggression (D) holding that a workers compensation proceeding is a legal proceeding (E) holding jeopardy had not attached because the district court was without power to enter a judgment of conviction in a pretrial proceeding

A: holding claim that prior conviction was not serious felony under californias sentencing law not cognizable in federal habeas proceeding
****
Q: it was in violation of the bankruptcy stay and, therefore, the justice court was without jurisdiction to enter it. Judgments — even final ones — that are void for jurisdictional defects are subject to collateral attack. Middleton v. Murff, 689 S.W.2d 212, 213 (Tex.1985); Nguyen v. Intertex, Inc., 93 S.W.3d 288, 294-95 (Tex.App.-Houston [14th Dist.] 2002, no pet.); Zarate v. Sun Operating, Ltd., 40 S.W.3d 617, 620-21 (Tex.App.-San Antonio 2001, pet. denied). But the ability to collaterally attack a judgment is limited by the long-standing and well-settled rule that we must presume the validity of the judgment under attack and, thus, extrinsic evidence may not be used to establish a lack of jurisdiction. See In re A.G.G., 267 S.W.3d 165, 169 (Tex.App.-San Antonio 2008, pet. denied) (<HOLDING>); Toles v. Toles, 113 S.W.3d 899, 914 
 Holding statements: (A) holding that trial court had jurisdiction to consider custody dispute before a divorce or separation action had commenced (B) holding that extrinsic evidence of applicability of automatic stay could not be considered because divorce decree on its face recited that trial court had jurisdiction of matter and no evidence in record of divorce proceeding affirmatively showed that automatic stay deprived trial court of jurisdiction (C) holding that district court had no jurisdiction to consider plaintiffs claims that his constitutional rights were violated in state divorce proceeding (D) holding that the jurisdiction of the divorce court with regard to support and maintenance is statutorily determined unless otherwise provided by agreement incorporated into the divorce decree (E) holding that the trial judge had the power to incorporate a settlement agreement in a decree following the entry of a decree of divorce

A:
holding that trial court had jurisdiction to consider custody dispute before a divorce or separation action had commenced
****
