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.

Ex Input:
was safe to operate, afforded discretion to the FAA to “make its own findings” whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. § 385.17(f) is not a “check list.” J.A. at 105. It leaves it to the FMCSA to determine whether a carrier’s submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency’s “implementation of a mechanism for compliance review” and necessarily require “balancing the objectives sought to be obtained against such practical considerations as staffing and funding,” constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R. § 
 Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision 

Ex Output:
recognizing a discretionary function exception to that waiver


Ex Input:
... shall exist within the United States,” U.S. Const, amend. XIII, § 1, and empowers Congress to enforce its provisions, see U.S. Const, amend. XIII, § 2. The Supreme Court has interpreted this grant of power broadly, finding that Congress can affirmatively enforce the ban on slavery and involuntary servitude, and enact legislation to erase “all badges and incidents of slavery in the United States.” Civil Rights Cases, 109 U.S. 3, 20, 3 S.Ct. 18, 27 L.Ed. 835 (1883). Moreover, in Jones v. Alfred H. Mayer Co., 392 U.S. 409, 88 S.Ct. 2186, 20 L.Ed.2d 1189 (1968), the Supreme Court opened the door to the inclusion of private acts of racial discrimination within the “badges and incidents of slavery” language as stated in the Civil Rights Cases. See Jones, 392 U.S. at 413, 88 S.Ct. 2186 (<HOLDING>). Although the Thirteenth Amendment was 
 Holding statements: (A) holding that 42 usc  1982 a provision of the civil rights act of 1866 which allows victims of racial discrimination to sue private defendants was a valid exercise of congress thirteenth amendment authority (B) holding official immunity is available in claims of discrimination if plaintiff fails to establish his treatment by defendants was so at variance with what would reasonably be anticipated absent racial discrimination that racial discrimination is the probable explanation (C) holding that civil rights claims under 42 usc  1981 and 1982 are personal injury tort claims (D) holding that the retaliation provision of title vii is an adequate exercise of congress authority under section 5 of the fourteenth amendment (E) holding that 18 usc  245 a statute passed on the same day as 42 usc  3631 and for similar purposes constituted a valid enactment under congress thirteenth amendment authority as applied to racially motivated interference with federallyprotected rights

Ex Output:
holding official immunity is available in claims of discrimination if plaintiff fails to establish his treatment by defendants was so at variance with what would reasonably be anticipated absent racial discrimination that racial discrimination is the probable explanation


Ex Input:
child abuse coincides with the appropriate measures that child protective services employees acting pursuant to § 424 are supposed to undertake. Section 424 provides, in relevant part, that if “the child protective service ... determines that the best interest of the child require[s] family court or criminal court action, [it could] initiate the appropriate family court proceeding or make a referral to the appropriate district attorney, or both.” Under the SSL, conclusive proof of child abuse is not a requisite threshold to trigger reporting under § 424. See Isabelle V. v. City of New York, 150 A.D.2d 312, 541 N.Y.S.2d 809, 809 (App.Div.1st Dep’t 1989); see also Kempster v. Child Protective Services of the County of Suffolk, 130 A.D.2d 623, 515 N.Y.S.2d 807, 809 (App.Div.2d Dep’t 1987)(<HOLDING>). In Isabelle, hospital employees, pursuant to 
 Holding statements: (A) holding that compliance with fda requirements though admissible to demonstrate lack of negligence is not conclusive on this issue just as violation of fda requirements is evidence but not conclusive evidence of negligence (B) holding that reporting requirements that are afforded immunity under  419 are not predicated on actual or conclusive evidence of abuse or maltreatment (C) holding that the substantive provisions and reporting requirements of an unclaimed property law are valid as applied to national banks (D) holding that defendants are not entitled to qualified immunity (E) holding that trial courts resolution of disputed facts are conclusive on appeal when supported by substantial evidence

Ex Output:

holding that compliance with fda requirements though admissible to demonstrate lack of negligence is not conclusive on this issue just as violation of fda requirements is evidence but not conclusive evidence of negligence