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: 393 N.W.2d 286, 290-91 (S.D.1986). • GILBERTSON, Chief Justice, (dissenting).. [¶ 26.] I respectfully dissent. I would reverse the lower court on Issue 2. I would hold the trial court erred when it granted partial summary judgment to 01-esens, holding City’s operation of food service at the municipal bar was an ultra vires act. [¶27.] An express grant of authority from the legislature “includes those incidental or implied powers that are necessary to enable a municipality to perform the function authorized.” City of Rapid City v. Rensch, 77 S.D. 242, 246, 90 N.W.2d 380, 383 (1958) (citation omitted). A municipality is vested with discretion as to how it exercises specific powers conferred upon it by the legislature, as long as the methods employed are n , 59 N.W.2d 732, 734 (1953) (<HOLDING>). Actions taken under a municipality’s implied 
 Holding statements: (A) holding municipality had implied authority to enter into a long term contract to establish a golf course although state statute did not specifically grant authority to establish golf courses as public parks (B) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (C) holding that the governments attorney had the implicit authority to bind the government although the contracting officer had the express authority (D) holding that plaintiff had no authority or statutory right for actions proper course was to report actions to proper legal authority (E) holding the court has the inherent authority to enter an order of confidentiality

Output: (A)


Input: Consider Input: was satisfied that protocols were followed after examining their case notes and the data collected. Further, Quartaro testified to the various safeguards Cellmark employed to protect against the risk of errors and to detect any such errors, if made. Accordingly, Quartaro could have been meaningfully cross-examined on the general and specific risks of error in forensic testing, whether the result of carelessness, incompetence, or fraud. See Boyd, 686 F.Supp.2d at 385 (finding no constitutional violation when only the DNA analyst who wrote the report, and not the intervening-testing analysts, testified because “the testifying expert was himself familiar with the[ ] intervening procedures and could be fully cross-examined as to their efficacy, accuracy, etc.”); Munoz, 958 N.E.2d at 1174 (<HOLDING>). Moreover, Quartaro certainly could have been 
 Holding statements: (A) holding that an expert opinion on a question of law is inadmissible (B) holding that a forensic accountant is an expert witness not a lay witness (C) holding that an expert who offers an independent opinion based on another analysts report can be meaningfully crossexamined on the general risk of error in forensic testing (D) recognizing that an advisory opinion is one that offers an opinion on a moot issue (E) holding that an administrative agencys decision may not be based upon inadmissible expert opinion

Output: (C)


Input: Consider Input: that in prior decisions, this court has dealt with the issue of duty of care owed in medical-malpractice cases in terms of the standard of care offered by providers of the same specialty in the same or similar locality. That standard is fixed by the General Assembly and reads as follows: (a) In any action for medical injury, when the asserted negligence does not lie within the jury’s comprehension as a matter of common knowledge, the plaintiff shall have the burden of proving: (1) By means of expert testimony provided only by a medical care provider of the same specialty as the defendant, the degree of skill and learning ordinarily possessed and used by members of the profession of the medical care provider in good standing, engaged in the same type of practice or spec .2d 636 (1991) (<HOLDING>); Courteau v. Dodd, 299 Ark. 380, 773 S.W.2d 
 Holding statements: (A) holding that dismissal without prejudice was appropriate where a plaintiff failed to name each of the persons alleged to have violated the appropriate standard of care (B) holding that appellant failed to preserve error because it did not present appellate complaint to trial court (C) holding that where appellant failed to meet proof with proof in the form of expert testimony to demonstrate that appelleedoctor violated appropriate standard of care trial court did not err in granting appelleedoctors summaryjudgment motion (D) holding that where appellant failed to present either expert or lay testimony as to the appropriate standard of care to be used appellant failed to present any evidence indicating the existence of an issue of fact thus summary judgment was proper (E) holding the appellant was deemed to have abandoned an issue for which he failed to provide any argument or supporting authority


Output: (D)