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.

Input: Consider Input: of the government so recognized from the commencement of its existence.” Oetjen v. Cent. Leather Co., 246 U.S. 297, 303, 38 S.Ct. 309, 62 L.Ed. 726 (1918); see also Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 417, 84 S.Ct. 923, 11 L.Ed.2d 804 (1964) (“established rule” is that “recognition operates retroactively to validate past acts”); United States v. Pink, 315 U.S. 203, 233, 62 S.Ct. 552, 86 L.Ed. 796 (1942) (recognition is retroactive in effect); United States v. Belmont, 301 U.S. 324, 328-330, 57 S.Ct. 758, 81 L.Ed. 1134 (1937) (recognition is retroactive). Further, the FSIA itself is retroactive in application and applies to actions of foreign sovereigns prior to the passage of the FSIA. Republic of Austria v. Altmann, 541 U.S. 677, 124 S.Ct. 2240, 159 L.Ed.2d 1, (2004) (<HOLDING>). Consequently, the FSIA would apply to all 
 Holding statements: (A) holding that the fsia applied retroactively to actions of the austrian government in 1948 (B) holding that kotecki limit applied retroactively (C) holding the fourteenth amendment does not apply to the actions of the federal government (D) holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review (E) recognizing the objection requirement for new state constitutional rules applied retroactively

Output: (A)


Input: Consider Input: officer was not acting in the lawful discharge of his official duties when he commanded Green to come speak with him. See generally Ewumi v. State, 315 Ga. App. 656, 658 (1) (727 SE2d 257) (2012) (describing circumstances in which a citizen may walk or even run from a law enforcement officer). By expressly challenging whether the officer was lawfully discharging his official duties in their encounter, Green implicitly challenged his own knowledge that the officer’s commands to him were lawful. Indeed, Green’s counsel argued at trial that, because the officer made no lawful commands to Green, the state could not show that Green had the knowledge required by the statute for the offense of misdemeanor obstruction. See Thomas v. State, 322 Ga. App. 734, 738 (2) (b) (746 SE2d 216) (2013) (<HOLDING>); Gibson v. State, 265 Ga. App. 325, 328 (593 
 Holding statements: (A) holding that a capital defendant is mentally competent to abandon any and all challenges to his or her death sentence including appeals state postconviction collateral review and federal habeas corpus if he or she has the mental capacity to understand the choice between life and death and to make a knowing and intelligent decision not to pursue further remedies (B) holding that an individual can waive any process to which he or she has a right (C) holding that defendants disobedience cannot have been knowing and wilful if officer has not made clear to defendant that he or she was compelled to obey (D) holding that defendant was seized where the officer told defendant that she knew that he was on probation defendant admitted to the officer that he had given her a false name and defendant was asked for consent to search a backpack because a reasonable inference was that defendant was the subject of a continuing investigation and his or her freedom of movement had been significantly restricted by the officers show of authority (E) holding that a person has standing to bring suit under the civil rights act if she or he can show that she or he was punished for trying to vindicate the rights of minorities

Output: (C)


Input: Consider Input: permission to be absent, she unilaterally proclaimed her intention to take a vacation the week of August 20, 1979. The claimant never received either the explicit or implicit permission of her employer to be absent. The floor lady said nothing a reasonable person could construe as permission to be absent. Id. 429 A.2d at 1219 (emphasis added). The Fritzo court relied on the fact that “the claimant never requested the employer’s permission to be absent from work” and therefore wilfully disregarded the employer’s interest in upholding the unemployment compensation board’s denial of unemployment insurance benefits due to wilful misconduct related to work. Id. at 1217; see also Grispino v. Commonwealth Unemployment Compensation Bd. of Review, 81 Pa.Cmwlth. 51, 472 A.2d 288 (1984) (<HOLDING>); Dulgerian v. Commonwealth Unemployment 
 Holding statements: (A) holding that an isolated incident in which an employee used profanity in a telephone conversation with her supervisor did not constitute misconduct sufficient to cut off unemployment benefits (B) holding that isolated incident in which claimant raised voice at his supervisor in private office but in front of two other employees and possibly used profanity did not constitute misconduct sufficient to deny unemployment compensation benefits (C) holding that leaving work early without permission after having been previously warned constitutes misconduct (D) holding that single incident of leaving work early without receiving permission from supervisor to address problem of impending termination of electrical service to his home by employee on probation due to poor attendance record constituted willful misconduct related to work justifying denial of unemployment insurance benefits (E) holding that single incident of failing to return to work after doctors visit without permission due to employees professed anxiety after being informed she may have skin cancer constituted willful misconduct related to work justifying denial of unemployment insurance benefits


Output: (D)