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.
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Question: of the documents. In his report, Gage stated only that the witnesses could not recall whether or not Peng raised his fist, but that they saw Peng grab the documents from Mei Hu. Peng has submitted a declaration by C. Peng that neither he nor Mr. Chi ever told anyone anything about what happened. As the district court noted, Peng has not cast doubt on the fact that, prior to Peng’s arrest, Jonathan Hu, acting as interpreter, told Gage that the two witnesses saw Peng grab the documents from Mei Hu. Peng has cast doubt on the identity of the witnesses and the veracity of Jonathan Hu, but Gage could not have known this at the time of the arrest. We are satisfied that Gage made a reasonable investigation under the circumstances before he arrested Peng. See Fuller, 950 F.2d at 1442-44 (<HOLDING>). We conclude that the presence of a factual 
 Holding statements: (A) holding that police officers have a duty to conduct an investigation into the basis of the witness report (B) holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction (C) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (D) holding that an insurer has a duty to conduct an investigation reasonably appropriate under the circumstances (E) holding that witness statements in police report inadmissible

Answer: (A)


Question: rights, it must be settled in court. The permit may thus be perfectly valid, so far as the conservation laws are concerned, and yet the permittee’s right to drill under it may depend upon his establishing title in a suit at law. Id. at 191. While we noted that the Railroad Commission “should not do the useless thing of granting a permit to one who does not claim the property in good faith,” the Railroad Commission’s determination of the propriety of the permit has no effect on the propriety of the permittee’s potentially tortious actions. Id. Of course, statutory remedies may preempt common law actions or other standards that may set the bar for liability in tort, but a permit is not a get out of tort free card. Cf. MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475, 494, 499 (Tex.2010) (<HOLDING>). But in this case, the statute authorizing the 
 Holding statements: (A) holding that a state common law claim seeking to require automobile manufacturers to install airbags would frustrate the purposes of the federal safety standard regulations adopted under the federal motor vehicle safety act which did not require manufacturers to do so and therefore was preempted by conflict (B) holding design planning and enforcement of bus safety rules for school bus transportation were not operation of motor vehicle under section 4145 (C) holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle  (D) holding the federal motor vehicle safety standards do not preempt jury findings that a bus manufacturers buses were defectively designed (E) holding that the statutory definition of motor vehicle is not controlling

Answer: (D)


Question: immunity exists. In Galvan v. Garmon, 710 F.2d 214 (5th Cir.1983), cert. denied 466 U.S. 949, 104 S.Ct. 2150, 80 L.Ed.2d 536 (1984), the fifth circuit held that when a probation officer erroneously prepared a motion for revocation of appellant’s probation, she was only entitled to qualified immunity. The court distinguished its earlier case of Spaulding v. Nielsen, supra: We find Spaulding not controlling in the case at hand. Whereas in Spaulding the probation officer was acting at the direction of the court during the presen-tence report process, in the immediate case the probation officer acted at her own initiative and at a different phase of the criminal process less intimately associated with the judiciary. Galvan, at 215. See also Griffin v. Leonard, 821 F.2d 1124 (5th Cir.1987) (<HOLDING>). We note also third circuit decisions, 
 Holding statements: (A) holding that defendants are not entitled to qualified immunity (B) holding under facts presented that probation officer was entitled to at least qualified immunity (C) holding officials are entitled to qualified immunity for reasonable mistakes of law (D) holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted (E) holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity

Answer:
(B)