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.

[EX Q]: 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
[EX A]: (D)

[EX Q]: between cases brought under the federal law and those brought under Maine law. While the First Circuit does make a distinction, it ultimately holds that the negligence per se doctrine of Pratico is strictly limited to cases brought under FELA, and it strongly implies that the doctrine will not be expanded. Elliott v. S.D. Warren Co., 134 F.3d 1, 4 (1st Cir.1998). 4 . Castine argues that the trooper testified at trial to matters that he had not previously indicated he would address, and therefore, it was unfairly surprised at trial. Generally, a continuance is the appropriate remedy when a party seeks to admit “surprise" evidence at trial. Because Castine did not seek a continuance, however, it may not now claim unfair surprise. See Pettitt v. Lizotte, 454 A.2d 329, 332-33 (Me.1982) (<HOLDING>). 5 . Because violation of a safety regulation 
 Holding statements: (A) holding the immigration judges denial of a continuance request did not constitute an abuse of discretion (B) holding that the district court did not abuse its discretion in allowing plaintiffs expert witness to testify when it also allowed defendants expert witness who disputed the methodology used by plaintiffs expert to testify (C) holding denial of continuance to be an abuse of discretion (D) holding that trial court did not abuse its discretion by determining expert witness was qualified to testify (E) holding that there was no abuse of discretion in allowing a defendants surprise fact witness to testify because the plaintiff did not request a continuance
[EX A]: (E)

[EX Q]: Dev. Corp. v. City of Chesterfield, 963 F.2d 1102, 1104 (8th Cir.1992) (noting that substantive due process claims should be limited to “truly irrational” governmental action). Therefore, we conclude that the officers are entitled to summary judgment on appellees’ due process claim. III. The second incident occurring on September 21, 1996, involves appellants Offi cer Stanley and Sergeant Aldrich. These appellants contend that the district court should have granted them qualified immunity on appellees’ Fourth Amendment and due process claims. A. Fourth Amendment As stated above, the relevant inquiry in a Fourth Amendment false arrest claim is whether the officers had probable cause to arrest appellees. See Baker, 443 U.S. at 142, 99 S.Ct. at 2693-94; Hannah, 795 F.2d at 1389 (<HOLDING>). Appellees claim that Officer Stanley and 
 Holding statements: (A) holding  1983 action lies for warrantless arrest without probable cause (B) recognizing the defense of good faith and probable cause in  1983 case involving unconstitutional warrantless arrest (C) holding that there is no  1983 cause of action for false arrest unless the arresting officer lacked probable cause (D) holding that in a  1983 action issue of probable cause is for the jury (E) holding that warrantless arrest based on probable cause did not violate the fourth amendment
[EX A]:
(A)