instruction:
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.
question:
fact that the oil traversed part of Transocean’s vessel before entering the Gulf of Mexico. We recognize that the aforementioned incidents involved blameless third parties, whereas here the owner or operator of the Deepwater Horizon might have contributed to the discharge. By all accounts, if the vessel’s blowout preventer had functioned properly, the oil would not have entered navigable waters in violation of the Clean Water Act. The defendants therefore reason that liability is properly imposed upon the owner or operator of the Deepwater Horizon. Yet it is well estab lished that this section of the Clean Water Act leaves no room for civil-penalty defendants to shift liability via allegations of third-party fault. See United States v. Tex-Tow, Inc., 589 F.2d 1310, 1314 (7th Cir.1978) (<HOLDING>). Early in the implementation of the Act’s 
 Holding statements: (A) holding defendant assumed risk that third party would consent to search of storage locker where defendant instructed third party to rent locker under third partys name and allowed third party to keep possession of lease papers and to occasionally retain the keys (B) holding exculpatory statements by a third party should have been admitted in the punishment phase notwithstanding the hearsay rule (C) holding principal liable to third party for tort of agent despite lack of privity between principal and third party (D) holding that a third party has authority to consent to a search if the third party is a coinhabitant (E) holding defendant liable for penalty notwithstanding fault of a third party
answer:
(E)


question:
v. State, 175 Ga. App. 234, 238-39 (4) (333 SE2d 103) (1985) (reversing conviction when there was no evidence that firearm found near defendant was on defendant’s person during commission of the crime). 32 Carswell, 251 Ga. App. at 735 (1) (b) (emphasi at jury could “consider the evidence concerning the small size and crowded conditions within the residence and infer that it was inevitable” that defendant passed even momentarily within arm’s reach of a firearm hidden under a couch that was positioned behind a coffee table containing cocaine). 36 Copeland v. State, 228 Ga. App. 734, 736 (1) (492 SE2d 723) (1997), declined to follow on other grounds, Weems v. State, 269 Ga. 577, 579 (2) & n.2 (501 SE2d 806) (1998). Cf. Ferguson v. State, 307 Ga. App. 232, 233 (1) (704 SE2d 470) (2010) (<HOLDING>). 37 See Martinez v. State, 303 Ga. App. 166, 
 Holding statements: (A) holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial (B) holding inter alia that a jury may consider a defendants appearance at trial in conjunction with the evidence submitted at trial in order to resolve conflicts in the testimony presented (C) holding that the trial court properly added a party defendant to conform to the evidence presented at the trial (D) holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial (E) holding that the sixth amendments guarantee of a trial by jury requiresthe jury to base its verdict only on the evidence presented at trial
answer:
(B)


question:
results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take or taking of a polygraph examination, shall not be admitted into evidence. (b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible. Under the plain language of this rule, the military judge’s ruling was correct. By adding this Rule, the 1991 amendment to the Manual for Courts-Martial restored the armed forces to the approach followed in the 1969 Manual. Cf. United States v. Gipson, 24 M.J. 246, 253 (C.M.A.1987)(2-1 decision holding that the trial judge has the discretion to admit the results of polygraph examinations); United States v. Williams, 39 M.J. 555, 558 (A.C.M.R.1994)(<HOLDING>). The concerns behind this rule include: that 
 Holding statements: (A) holding ban violated the sherman act (B) holding that the governments use of classified evidence in detentionpendingdeportation proceedings violated detainees due process rights and inter alia justified his release (C) holding that the trial court properly excluded evidence that other persons had a motive to kill the victims because inter alia such evidence was speculative (D) holding that the absolute ban on polygraph evidence violated due process and the right to present evidence citing inter alia chambers v mississippi 410 us 284 93 sct 1038 35 led2d 297 1973 (E) holding that suppression of evidence by the prosecution of evidence favorable to the defendant upon request violates the defendants right to due process where the evidence is material
answer:

(D)