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: 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

Output: (D)


Input: Consider Input: Inc., and therefore, had standing. Accordingly, the trial court properly denied Appellants’ motion for a directed verdict on this ground. VII. Directed Verdict on Negligence Appellants contend the trial court erred in failing to grant a directed verdict on negligence. Specifically, they maintain the existence and scope of a duty are legal questions, and no evidence was presented pertaining to duties owed by Appellants to the Association. We find this issue is not preserved for our review. Although Appellants moved for a directed verdict at the close of all testimony, they did not move for a directed verdict on the specific basis that no evidence indicated they owed a duty to the Association. Creech v. S.C. Wildlife & Marine Res. Dep’t. 328 S.C. 24, 34, 491 S.E.2d 571, 576 (1997) (<HOLDING>); see also Rule 50(a), SCRCP (“A motion for a 
 Holding statements: (A) holding that the failure to raise an issue in the opening brief waives the issue (B) holding that failure to raise issue in brief constitutes waiver of appeal of the issue (C) holding that defendant failed to raise a constitutional issue at trial and thus failed to preserve the issue for appellate review (D) holding the appellants failure to raise a particular issue in its directed verdict motion precludes appellate review of that issue (E) holding that defendant failed to raise a constitutional issue at trial and thus waived appellate review of that issue

Output: (D)


Input: Consider Input: administrative remedies as are available. (2) the exhaustion of administrative remedies under paragraph (1) may not be required unless the Attorney General has certified or the court has determined that such administrative remedies are in substantial compliance with the minimum acceptable standards promulgated under subsection (b) of this section or are otherwise fair or effective. 42 U.S.C. § 1997e(a) (1994) (amended 1996). 11 . Webster’s International Dictionary 180 (3d ed.1993). 12 . Oxford English Dictionary Vol. I, 812 (2d ed.1989). 13 . Id. 14 . Roget’s International Thesaurus 1171 (4th ed.1977). 15 . Random House Dictionary Of The English Language 1213 (Unabridged ed.1981). 16 . Oxford English Dictionary Vol. XIII, 584 (2d ed.1989). 17 . See, e.g. Lacey, 990 F.Supp. at 1205 (<HOLDING>); Whitley, 158 F.3d at 886-87 (holding that a 
 Holding statements: (A) holding that the statement failure to pay will leave our client with no choice but to consider legal action did not violate  1692e5 by threatening legal action because at most the language  threatened that the creditor will have to consider legal action and therefore no action of any kind is threatened by defendant collection agency (B) holding that ignorance of the law or legal procedure is no excuse for filing a frivolous action (C) holding that judicial review of final agency action under the administrative procedure act  provides the proper procedure to challenge the sufficiency of an eis (D) holding that when the administrative procedure is not empowered to achieve the end sought in the legal action the procedure is unavailable because it cannot accomplish the purpose of the legal action (E) holding that when an agency fails to follow the proper procedure under the illinois administrative procedure act for the adoption of rules the rule is invalid


Output: (D)