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.

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: 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


Input: Consider Input: if a defendant’s will has been overborne, we must assess “the conduct of the law enforcement officials in creating pressure and the suspect’s capacity to resist that pressure”; “[t]he defendant’s personal characteristics as well as his prior experience with the criminal justice system are factors to be considered in determining [the defendant’s] susceptibility to police pressures.” Jackson, 562 So.2d at 1380-81 (citations omitted). The evidence does not indicate that McLeod was threatened with physical intimidation or psychological pressure. The evidence does not show that the interrogation lasted for an extraordinary length of time or that he was deprived of either food or sleep for an unexplained and prolonged time. See, e.g., Pardue v. State, 695 So.2d 199 (Ala.Crim.App.1996) (<HOLDING>). Further, the evidence does not show that 
 Holding statements: (A) holding that a confession obtained by interrogating the defendant for approximately 78 hours was involuntary (B) holding involuntary a confession obtained by prison psychologist because the defendant reasonably understood that his communications would remain confidential (C) holding that mental coercion led to an involuntary confession (D) holding that under elstad the first question that must be answered when determining whether a subsequent confession is tainted by an earlier confession is whether the initial confession was obtained in violation of the defendants fifth amendment rights  ie whether it was involuntary  or whether the confession was voluntary but obtained in technical violation of miranda  (E) holding that impermissible police procedures rendered confession involuntary

Output: holding involuntary a confession obtained by prison psychologist because the defendant reasonably understood that his communications would remain confidential


Input: Consider Input: a hearing on a motion for attorney’s fees as sanctions is not the type of proceeding against the state contemplated by the statute; (2) the Legislature did not intend a parent in a dependency proceeding to be a “party” under the statute because the parent did not initiate the suit— DCF initiated by filing a petition; and (3) providing notice to DFS at the outset of the action is not possible where sanctiona-ble conduct has yet to occur. Because we hold that the plain language of the statute supports N.S.’s position, we do not address the entirety of her arguments. Courts in our state have held that section 284.30 requires notice to DFS as a condition precedent when the claim for fees is made pursuant to other statutes. Hale v. Dep’t of Rev., 973 So.2d 518, 521-22 (Fla. 1st DCA 2007) (<HOLDING>); Dep’t of HRS v. Cordes, 644 So.2d 609, 610 
 Holding statements: (A) holding that section 12309 is a condition precedent to the accrual of rights against a municipality (B) recognizing that the notice required by section 28430 is a condition precedent to the recovery of attorneys fees pursuant to section 12057lb in hospitals suit against the state (C) holding that the notice requirement is a condition precedent for attorneys fees from section 12069 proceedings in action by plaintiff against state (D) holding that section 28430s notice requirement is a condition precedent for fees in action by taxpayer against dor pursuant to section 213015 (E) holding that rcras notice provision is a condition precedent to all claims


Output: holding that section 12309 is a condition precedent to the accrual of rights against a municipality