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.
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Question: (Black, J., concurring)). We are also troubled because, given that there was nothing about the officers’ appearance or conduct that revealed that they were engaged in the performance of their duties, Davis lacked fair notice that mere spoken words, which did not disturb the peace, could nonetheless constitute the crime of obstructing the officer’s performance of duty. See Cantwell, 310 U.S. at 311, 60 S.Ct. at 906. “It is an elemental requirement of our constitutional jurisprudence that laws be reasonably intelligible, providing citizens with fair notice as to what conduct is legal and what conduct is illegal.” Rodney A. Smolla, Smolla and Nimmer on Freedom of Speech § 6:13 (1996) (citing Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972) (<HOLDING>)). We reiterate that we recognize the need to 
 Holding statements: (A) holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion (B) recognizing the medicare statutes broad delegation of authority (C) holding unconstitutional vagrancy statutes that were purposely designed to grant police broad discretion (D) holding unconstitutional ordinance that gave executive director excessive discretion in deciding whether the grant of a permit would be detrimental to the public (E) holding that district courts discretion is extremely broad

Answer: holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion


Question: to support the jury’s verdict. The judgment of the court of appeals is reversed, and the case is remanded to that court to consider the appellant’s remaining point of error. WOMACK, J., filed a concurring opinion, in which KELLER, P.J., and MEYERS, J., joined. COCHRAN, J., filed a dissenting opinion, in which JOHNSON and HOLCOMB, JJ., joined. 1 . Nicotinamide is a substance commonly used as a controlled substance additive. 2 . We have held that the State is no longer required to show what amount of a controlled substance and what amount of an adulterant or dilutant make up a mixture for purposes of possession of a controlled substance. Melton v. State, 120 S.W.3d 339, 344 (Tex.Crim.App.2003). 3 . See Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (<HOLDING>). 4 . Seals v. State, No. 05-03-01105-CR, slip 
 Holding statements: (A) holding that a reviewing court must determine whether viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found proof beyond a reasonable doubt of each of the essential elements of the crime charged (B) holding that when conducting a legal sufficiency review the reviewing court should view the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt (C) holding that when reviewing the sufficiency of evidence to support a state criminal conviction the relevant question under the due process clause of the fourteenth amendment is whether after viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt (D) holding that in evaluating sufficiency of the evidence in habeas corpus petitions we view the evidence in the light most favorable to the prosecution and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt (E) holding that on a review of the sufficiency of the evidence the court determines whether any rational trier of fact could have found all the elements of the offense beyond a reasonable doubt

Answer: holding that a reviewing court must determine whether viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found proof beyond a reasonable doubt of each of the essential elements of the crime charged


Question: Estate of Trentadue ex rel. Aguilar v. United States, 397 F.3d 840, 852 (10th Cir.2005). 23 . See 28 U.S.C. § 2675(a). 24 . 28 C.F.R. §§ 14.1-14.11. 25 . See King v. United States, No. 12-CV-616-JED-TLW, 2013 WL 1856472, at *3 (N.D.Okla. May 2, 2013) (recognizing the lack of Tenth Circuit authority on whether compliance with the regulations is part of the exhaustion requirement, but following the majority of circuit courts, which have concluded that the regulations are not part of the jurisdictional presentment requirement). 26 . See id. at *4 (finding, "consistent with the majority position,” that the plaintiff's failure to comply with the regulations did not deprive the court of subject matter jurisdiction). 27 . See, e.g., Tucker v. U.S. Postal Serv., 676 F.2d 954, 960 (3d Cir.1982) (<HOLDING>); GAF Corp. v. United States, 818 F.2d 901, 
 Holding statements: (A) holding that notice requirements under former rule 40b1 are jurisdictional (B) holding that notice requirements under rule 252b3 are jurisdictional (C) holding service requirements under fedrcivp 4 to be jurisdictional (D) holding that notice requirements of 4206a are jurisdictional (E) holding that regulatory requirements are not jurisdictional in nature

Answer:
holding that notice requirements under former rule 40b1 are jurisdictional