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:
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

Ex 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

Ex Input:
Supreme Court rejected Cook's claim of error on direct appeal, finding that the prosecutor's comments were not directed at Cook's decision not to testify, and that the comment about the videotape was invited by Cook's cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook's arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant's Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor's comment on a defendant's
Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

Ex Output:
recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify

Ex Input:
is frivolous because the Court has yet to resolve the question of immunity in the first instance. See, e.g., Apostol, 870 F.2d at 1339 ("a notice of appeal may be so baseless that it does not invoke appellate jurisdiction ... [where] the district judge has not finally resolved the question of immunity"). B. Limited Jurisdictional Discovery Does Not Infringe on Sovereign Immunity The Country of Curacao and the Kingdom of the Netherlands contend that any discovery, including limited jurisdictional discovery, infringes on their presumptive sovereign immunity. (DE # 216, at 3). Generally, sovereign immunity shields defendants not only from judgment, but from the litigation process, including discovery. See, e.g., Rubin v. The Islamic Republic of Iran, 637 F.3d 783, 785 (7th Cir.2011) (<HOLDING>). The instant situation, however, is an
Holding statements: (A) holding district courts order permitting general asset discovery prior to ruling on alleged exception to the fsia infringed on sovereign immunity (B) holding that licensing the exploitation of natural resources is a sovereign activity under the fsia (C) recognizing the need for limited jurisdictional discovery to establish exception to the fsia (D) holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law (E) holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable

Ex Output:
holding that licensing the exploitation of natural resources is a sovereign activity under the fsia