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.

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
(D)

27 . State v. Davenport, 510 P.2d 78, 82 n. 8 (Alaska 1973), quoting United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 746, 13 L.Ed.2d 684 (1965). 28 . Williams v. State, 737 P.2d 360, 362 (Alaska App.1987). 29 . Davenport, 510 P.2d at 80. 30 . Id. at 82 & n. 8. 31 . - See Landon v. State, 941 P.2d 186, 190 (Alaska App.1997); Stam v. State, 925 P.2d 668, 670 (Alaska App.1996) (when assessing the trustworthiness of hearsay information contained in a search warrant application, courts presume that police officers and citizen informants are credible sources of information}. 32 . Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). See State v. Jones, 706 P.2d 317, 322-25 (Alaska 1985)
Holding statements: (A) holding that evidence obtained by improper search or seizure is inadmissible (B) holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause (C) holding that the admission of evidence obtained as a result of an illegal search and seizure is subject to a harmlesserror analysis (D) holding as a matter of law that adaptations of subject matter or expressions in the public domain cannot support a finding of copyright infringement (E) holding that as a matter of state law the aguilarspinelli test continues to govern the evaluation of hearsay information offered to support a search or seizure
(E)

officer was not acting in the lawful discharge of his official duties when he commanded Green to come speak with him. See generally Ewumi v. State, 315 Ga. App. 656, 658 (1) (727 SE2d 257) (2012) (describing circumstances in which a citizen may walk or even run from a law enforcement officer). By expressly challenging whether the officer was lawfully discharging his official duties in their encounter, Green implicitly challenged his own knowledge that the officer's commands to him were lawful. Indeed, Green's counsel argued at trial that, because the officer made no lawful commands to Green, the state could not show that Green had the knowledge required by the statute for the offense of misdemeanor obstruction. See Thomas v. State, 322 Ga. App. 734, 738 (2) (b) (746 SE2d 216) (2013) (<HOLDING>); Gibson v. State, 265 Ga. App. 325, 328 (593
Holding statements: (A) holding that a capital defendant is mentally competent to abandon any and all challenges to his or her death sentence including appeals state postconviction collateral review and federal habeas corpus if he or she has the mental capacity to understand the choice between life and death and to make a knowing and intelligent decision not to pursue further remedies (B) holding that an individual can waive any process to which he or she has a right (C) holding that defendants disobedience cannot have been knowing and wilful if officer has not made clear to defendant that he or she was compelled to obey (D) holding that defendant was seized where the officer told defendant that she knew that he was on probation defendant admitted to the officer that he had given her a false name and defendant was asked for consent to search a backpack because a reasonable inference was that defendant was the subject of a continuing investigation and his or her freedom of movement had been significantly restricted by the officers show of authority (E) holding that a person has standing to bring suit under the civil rights act if she or he can show that she or he was punished for trying to vindicate the rights of minorities
(C)