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: claim because "she was not diligent in preserving her legal rights”); Felty, 818 F.2d at 1129 ("One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence.”) (quoting Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147, 151, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)); United States ex rel. Cogifer, S.A. v. Ins. Co. of North Am., Civ. A. No. 86-183-NN, 1987 WL 19932, at *4 (E.D.Va. Oct. 15, 1987) (unpublished). 11 . See, e.g., Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-51 (7th Cir. 1990). 12 . See, e.g., Humble Oil, 402 F.2d at 896 (finding equitable estoppel where surety reneged on promise to pay after statute of limitations had run). 13 . See, e.g., United States ex rel. Nelson v. Reliance Ins. Co., 436 F.2d 1366, 1371 (10th Cir.1971) (<HOLDING>); United States ex rel. Atlas Erection Co. v. 
 Holding statements: (A) holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation (B) holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors (C) holding that a surety has standing to sue for a progress payment released by the government after notification by the surety of unpaid subcontractors (D) holding that estoppel applied where surety repeatedly responded to subcontractors threats to sue with answers which assured them that amicable settlement was just around the corner (E) holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety

SOLUTION: holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation

PROBLEM: with ever since his age of 13 and believes that this criminal record and his continued violation of the law does require a sentence at the top of the guideline range.” Id. at 8. I. A. Commerce Clause Challenge to Section 922(g)(1) Williams first challenges the constitutionality of the felon-in-possession statute as it applies to his possession of the Smith and Wesson revolver. Williams posits that because he possessed the gun solely within the State of Wisconsin, and because the record reveals no substantial connection between his possession of the gun and interstate commerce, Congress had no authority under the Commerce Clause, see U.S. Const. Art. I, § 8, cl. 3, to reach his possession of the gun. See United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995) (<HOLDING>). Williams did not make this argument below, so 
 Holding statements: (A) holding that the gunfree school zone act exceeds congresss authority to regulate commerce (B) holding that statute which prohibited gun possession near a school zone exceeded congresss authority under the commerce clause because the statute did not regulate activity that had a substantial effect on interstate commerce (C) holding that enactment of  13981 exceeded congressional authority under either the commerce clause or section 5 of the fourteenth amendment (D) holding that gunfree school zones act of 1990 which proscribed possession of a firearm within 1000 feet of a school exceeded congressional authority under commerce clause because it reached conduct that did not substantially affect or have a meaningful connection with interstate commerce (E) holding that the gunfree school zones act exceeds congress power under the commerce clause

SOLUTION: holding that the gunfree school zone act exceeds congresss authority to regulate commerce

PROBLEM: violates [a] mandatory regulation, there will be no shelter from liability because there is no room for choice and the action will be contrary to policy.” United States v. Gaubert, 499 U.S. 315, 324, 111 S.Ct. 1267, 113 L.Ed.2d 335 (1991). For example, we have observed that the limitation of an officer’s judgment during a high speed chase — such as the limitation of “the speed of a vehicle in hot pursuit — indicates that the [police department] already had made the decision to limit the officer’s exercise of discretion.” Biscoe v. Arlington Cty., 738 F.2d 1352, 1363 (D.C.Cir.1984). Consequently, “effective law enforcement would not be hindered by enforced adherence to such regulations” through civil liability. Id.; see also Keller v. United States, 771 F.3d 1021, 1024 (7th Cir.2014) (<HOLDING>). We see no difference between a prescription 
 Holding statements: (A) holding that the discretionary function does not apply where the decisionmaker lacks authority (B) holding federal tort claims act discretionary function exception does not apply if prison personnel violate a mandatory regulation (C) recognizing a discretionary function exception to that waiver (D) holding that the government cannot waive or forfeit an argument that the discretionary function exception to the federal tort claims act ftca should apply (E) holding that the discretionary function exception may apply in the absence of a conscious decision 

SOLUTION:
holding that the discretionary function does not apply where the decisionmaker lacks authority