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: waived his attorney-client privilege when his attorney failed to make timely objections to questions that it alleged sought privileged communications. This argument has no merit for two reasons. First, many of the questions Airdata asked did not seek confidential communications. Therefore, no objection was necessary to preserve the privilege. Second, Jenney's current attorney did make timely objections to those questions actually seeking confidential communications. The fact that Jenney's attorney had to interrupt him to make the objection is not sufficient to establish a waiver. Because the objections were made as soon as the confidential nature of the communication became apparent, Jenney did not waive the privilege. Cf. Gen. Motors Corp. v. McGee, 837 So.2d 1010 (Fla. 4th DCA 2002) (<HOLDING>); Abamar Hous. & Dev., Inc. v. Lisa Daly Lady
Holding statements: (A) holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known (B) holding that where an authorized disclosure is voluntarily made to a nonfederal party whether or not that disclosure is denominated confidential the government waives any claim that the information is exempt from disclosure under the deliberative process privilege (C) holding that disclosure orders adverse to the attorneyclient privilege do not qualify for immediate appeal under the collateral order doctrine (D) holding attorneyclient privilege protects disclosure of communications but does not protect client from disclosure of underlying facts (E) holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant

Output: (A)

Input: Consider Input: our precedents still foreclose a defendant from successfully excluding "evidence that has been 'come at by exploitation' of a violation of somebody else's rights." Jarvi 537 F.3d at 1259. Defendant concedes on appeal that he lacks "standing" to challenge the officer's initial entry, which means that he had no expectation of privacy in Gonzalez's residence. Defendant's brief demonstrates he understands the equivalence of these two concepts. Even if Defendant had not made this concession, we would affirm the district court's conclusion that Defendant had no reasonable expectation of privacy in Gonzalez's residence. The district court's conclusion falls squarely within a host of controlling authority. See, e.g., Minnesota v. Carter, 525 U.S. 83, 90, 119 S.Ct. 469, 142 L.Ed.2d 373 (1998) (<HOLDING>); United States v. Thomas, 372 F.3d 1173, 1176
Holding statements: (A) holding a person at anothers residence solely for the purpose of engaging in drug related activity has no legitimate expectation of privacy in the residence (B) holding that residence in the cnmi before 2009 was not residence in the united states for naturalization purposes (C) holding residence means legal residence for will probate (D) holding that a warrant authorizing the search of a residence vehicles at the residence and all persons found in the residence was not overly broad given that search was limited to places were drugs or weapons might be found (E) holding a person who is present at anothers home with permission simply for the purpose of consummating a business transaction does not have a reasonable expectation of privacy there
Output: (A)