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: his personal belief that the officer was not lying. The prosecutor stated: "He came in here and told you the truth about what happened" and later reiterated, "This officer didn't commit perjury. He came in here and told you the truth about what happened." This was improper vouching by "placing the prestige of the government behind a witness through personal assurances of the witness's veracity ..." United States v. Necoechea, 986 F.2d 1273, 1276 (9th Cir.1993) (citations omitted). Contrary to the government's assertion, the prosecutor need not invoke the name of the federal government in offering his personal belief it is sufficient that the personal statement of belief came from the government's attorney. See, e.g., Carriger v. Stewart, 132 F.3d 463, 482 (9th Cir.1997) (en banc) (<HOLDING>). Second, the prosecutor vouched for Officer
Holding statements: (A) holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment (B) holding that it was improper for prosecutor to state he did not lie to you he is a lot of things but he is not a liar (C) holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present (D) holding that the defendant could not appeal a jury instruction where he did not object to the challenged instruction but in fact requested it and stated he was satisfied with it (E) holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail

Output: (B)

Input: Consider Input: 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

Output: (D)

Input: Consider Input: this case. The interplay of paragraphs (a) and (d) in connection with employees who are under the influence of alcohol while driving during working hours has not been considered by this court in a reported decision. Although all paragraphs have some relevance to the employment misconduct determination, we begin our analysis with paragraph (a), which sets forth the basic rule on employment misconduct. Employers have a legitimate interest in having their trucks operated by drivers who are not impaired by the effects of alcohol. See Shell v. Host. Int'l Corp., 513 N.W.2d 15, 18 (Minn.App.1994) ("An employer has the right to expect its employees not to engage in conduct that seriously endangers people's safety"); Hayes v. Wrico Stamping Griffiths Corp., 490 N.W.2d 672, 675 (Minn.App.1992) (<HOLDING>). Risk has not claimed that he lacked the
Holding statements: (A) holding that knowledge of the patent is required for willful infringement (B) holding that driving records were nontestimonial (C) holding that mere possession of a dangerous weapon is insufficient to support a charge of robbery with a dangerous weapon (D) holding that statute prohibiting driving while intoxicated applied to defendant driving on a private parking lot (E) holding dangerous driving showed willful disregard of employers interests
Output: (E)