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.

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:
(A)

Ex Input:
paid with Vested Funds and Seized Funds. And while the majority of the ICE contract price was paid with DFI money, approximately $12 million, the record reflects that $8 million of the contract price was paid with Seized Funds. Thus, defendants have failed, with respect to either contract, to demonstrate that no "claim" was submitted within the meaning of the-FCA. And, accordingly, they are not entitled to summary judgment on this issue. B. Presentment Before FCA liability will attach to a "claim" for payment under 3729(a)(1), the false or fraudulent "claim" must be "knowingly presented], or caus[ed] to be presented, to an officer or employee of the United Government or a member of the Armed Services of the United States." 31 U.S.C. 3729(a)(1); see also Totten II, 380 F.3d at 491 (<HOLDING>). This requirement ultimately presents no
Holding statements: (A) holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment (B) holding that presentment is a requirement of the fca (C) holding that the fca includes a materiality requirement (D) recognizing that criminal contempt is not initiated by an indictment or presentment (E) holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment

Ex Output:
(B)

Ex Input:
factors," the resulting sentence is procedurally reasonable. Geiner, 498 F.3d at 1114. As long as the court takes into account all of the relevant considerations, the order in which it does so is unimportant. We do not suggest that a heartland comparison is sufficient, by itself, to satisfy the district court's responsibility to weigh all the relevant factors. When the Guidelines were mandatory, a court could not depart from the recommended range unless the case was exceptional. If the court determined that the case was within the heartland, then its analysis was effectively over. Now that the Sentencing Guidelines are only advisory, there are no mandatory requirements as to when a district court may sentence a defendant to an above- or below-Guidelines sentence. Gall, 128 S.Ct. at 595 (<HOLDING>) Even in routine, heartland cases, the district
Holding statements: (A) holding that sentence within guidelines range enjoys a presumption of reasonableness (B) holding sentencing courts decision to impose a sentence six years longer than advisory guidelines range was reasonable because district court employed 3553based reasoning to justify the variance (C) holding that we may apply a presumption of reasonableness to a sentence within the guidelines range (D) holding that requiring extraordinary circumstances to justify a variance comes too close to creating an impermissible presumption of unreasonableness for sentences outside the guidelines range (E) holding that the district court committed procedural error by failing to provide an indication of what facts it relied on to make a significant variance from the advisory guidelines range

Ex Output:
(D)