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.

Ex Input:
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 

Ex Output:
recognizing a discretionary function exception to that waiver


Ex Input:
amount and terms of the deductions ...” In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney’s fees as the court may allow. § 41-10-80(C). The South Carolina Supreme Court has interpreted this treble damages provision to mean that the decision to award the penalty of treble damages is discretionary, and the penalty should not be imposed “if there is a good faith dispute over wages allegedly due.” Rice, 456 S.E.2d at 383. Fruehauf asks us to extend the requirement that there be a bona fide, good faith wage dispute to require that Wall show that Fruehauf willf 335 S.C. 598, 518 S.E.2d 591 (1999) (<HOLDING>); O’Neal v. Intermedical Hospital of South 
 Holding statements: (A) recognizing that an attorney has a duty of loyalty to his client (B) holding that the lack of a confidentiality agreement does not necessarily defeat an argument that information is a trade secret because where an employee acquires during the course of his employment a special technique or process developed by his employer he is under a duty not to use it to the detriment of his employer (C) holding that an attorney who breaches a fiduciary duty to a client forfeits his right to compensation without any requirement that the client prove actual harm (D) holding that an employee who breaches the duty of loyalty to his employer forfeits his right to compensation and creates a good faith dispute over the payment of his wages by virtue of his bad behavior (E) holding that when an employee is injured by his employers tortious conduct his employer owes him damages and compensation under the act

Ex Output:
recognizing that an attorney has a duty of loyalty to his client


Ex Input:
in order to insure the jurors’ lack of knowledge regarding Green’s prior capital murder trial. The court then stated: This comment coming from a medical examiner testifying about the cause of death was a lead into what he was actually talking about, to his actual point. The [c]ourt would have to assume that the jurors know much more than voir dire indicated for this unsolicited phrase to have any effect, therefore, the motion for a mistrial is denied. We agree with the circuit court’s conclusions. Contrary to Green’s assertion, Dr. Abrenio’s reference to his prior testimony did not signal the jury that Green had been previously convicted for the capital murder of Mrs. Vaughan. Thus, Green’s reliance on our decision in Barker v. Commonwealth, 230 Va. 370, 375, 337 S.E.2d 729, 733 (1985) (<HOLDING>), is misplaced. Although Dr. Abrenio did not 
 Holding statements: (A) holding that where a juror did not disclose that she knew someone who had been sexually abused the conviction and sentence must be reversed (B) holding that evidence of the same name the fact that the previous conviction occurred in precinct of defendants residence and that although the defendant testified he did not deny that he was the person described in the record of the previous conviction was sufficient to establish identity (C) holding that a venire person who knew of the defendants prior conviction of the same offense for which he was being retried could not sit as a juror (D) holding that where the court records in the present case and the records in a previous conviction reflected the same name and date of birth as well as a signature and the defendant did not object that he was not the same person as had been previously convicted the evidence was sufficient to support his conviction (E) holding that where defense turned on defendants credibility there could be no strategic basis for allowing jury to hear defendant had prior conviction for same offense for which he was being tried and concluding counsel rendered ineffective assistance

Ex Output:

holding that where a juror did not disclose that she knew someone who had been sexually abused the conviction and sentence must be reversed