TASK DEFINITION: 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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: was safe to operate, afforded discretion to the FAA to “make its own findings” whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. § 385.17(f) is not a “check list.” J.A. at 105. It leaves it to the FMCSA to determine whether a carrier’s submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency’s “implementation of a mechanism for compliance review” and necessarily require “balancing the objectives sought to be obtained against such practical considerations as staffing and funding,” constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R. § 
 Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision 

SOLUTION: recognizing a discretionary function exception to that waiver

PROBLEM: of common law fraud, it is considered a fraudulent act and is protected by 9(b)). We conclude that 9(b) applies to FCA fraud claims because not only is such a conclusion in accord with other courts and our more recent decisions, but also because its applicability is consistent with the purposes of Rule 9: (1) to inhibit claims that are filed as a pretext to uncover unknown wrongs; (2) to protect defendants from the harm that results from charges of serious wrongdoing; and (3) to give defendants notice of the complained-of conduct, enabling defendants to prepare a defense. Coronet Insurance Co. v. Seyfarth, 665 F.Supp. 661, 666 (N.D.Ill.1987). See also U.S. ex rel. Stinson, Lyons, Gerlin & Bustamante v. Blue Cross Blue Shield of Georgia, Inc., 755 F.Supp. 1055, 1058 (S.D.Ga.1990) (<HOLDING>); U.S. ex rel. Stinson, Lyons, Gerlin & 
 Holding statements: (A) holding a broad claim with no factual support was insufficient to satisfy rule 9b (B) holding that rule 9b applies to fca (C) holding that californias ucl claims are subject to rule 9b pleading standards (D) holding that charge of money laundering need not satisfy rule 9b (E) holding plaintiffs speculations did not satisfy rule 9b requirements

SOLUTION: holding a broad claim with no factual support was insufficient to satisfy rule 9b

PROBLEM: Cir.1997) (upholding a § 3A1.2(a) sentence enhancement of defendant who was convicted of plotting to blow up an Internal Revenue Service (IRS) building because, although no one was killed and the defendant did not know the names of his intended victims, the defendant did intend to “kill, injure, or maim federal employees in the [building] solely because those person worked for the IRS.”); United States v. Harris, 104 F.3d 1465, 1476 (5th Cir.1997) (reversing a defendant’s enhancement under § 3A1.2(a) because while two of the defendant’s co-conspirators had shot a police officer while fleeing, the defendant’s offense of conviction, accessory after the fact, “was not motivated by the government employee status” of the officer.); United States v. Hooker, 997 F.2d 67, 75-76 (5th Cir.1993) (<HOLDING>). We have previously never considered an 
 Holding statements: (A) holding that there was no double counting in applying  3c12 and  3a12b because they were based on separate acts (B) holding that the defendants sentences were properly enhanced under  3a12b because they assaulted an officer employed by the mississippi bureau of narcotics and during the assault made statements including they are the police lets kill them (C) holding that statements made only to supervisor and chief by police officer were matters of public concern (D) holding defendants were properly joined because they are alleged to have participated in the underlying conspiracy (E) holding that the defendants unconstitutionally obtained statements to the police telling them that narcotics were located in the hood of his truck did not render the narcotics inadmissible because the police were trained to look under the hoods of vehicles when searching for drugs and therefore would have found them even had the defendant not directed them to look under the hood

SOLUTION:
holding that there was no double counting in applying  3c12 and  3a12b because they were based on separate acts