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.
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Question: rights, it must be settled in court. The permit may thus be perfectly valid, so far as the conservation laws are concerned, and yet the permittee’s right to drill under it may depend upon his establishing title in a suit at law. Id. at 191. While we noted that the Railroad Commission “should not do the useless thing of granting a permit to one who does not claim the property in good faith,” the Railroad Commission’s determination of the propriety of the permit has no effect on the propriety of the permittee’s potentially tortious actions. Id. Of course, statutory remedies may preempt common law actions or other standards that may set the bar for liability in tort, but a permit is not a get out of tort free card. Cf. MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475, 494, 499 (Tex.2010) (<HOLDING>). But in this case, the statute authorizing the 
 Holding statements: (A) holding that a state common law claim seeking to require automobile manufacturers to install airbags would frustrate the purposes of the federal safety standard regulations adopted under the federal motor vehicle safety act which did not require manufacturers to do so and therefore was preempted by conflict (B) holding design planning and enforcement of bus safety rules for school bus transportation were not operation of motor vehicle under section 4145 (C) holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle  (D) holding the federal motor vehicle safety standards do not preempt jury findings that a bus manufacturers buses were defectively designed (E) holding that the statutory definition of motor vehicle is not controlling

Answer: (D)


Question: to recall the mandate discussed in Calderon, by comparison, seek the adjudication of constitutional claims; they do not constitute collateral attacks on the integrity of the court of appeals’s judgment. Hence, they differ from true Rule 60(b) motions and must be denied. D. Having distinguished between SSHPs and Rule 60(b) motions, I nonetheless share the majority’s general concern that petitioners will disguise the former as the latter to avoid AEDPA’s restrictions. We must craft a holding that curtails this abuse. We do not write on a blank slate here, as virtually all of our sister circuits have addressed this issue. Some circuits have held that all Rule 60(b) motions are SSHPs, regardless of the nature of the claims presented. See Lopez v. Douglas, 141 F.3d 974, 975 (10th Cir.1998) (<HOLDING>); Gee v. Shillinger, 1998 WL 43155, *1-*2, 1998 
 Holding statements: (A) holding that the district court erred in failing to recharacterize a rule 60b motion as an sshp and reversing with the instruction to dismiss for lack of jurisdiction (B) holding that defenses under rule 60b may be waived (C) holding without specifying exceptions that rule 60b motions are sshps under aedpa (D) holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc  3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp (E) holding without extended discussion that the peti tioners rule 60b motion was an sshp under aedpa

Answer: (E)


Question: of the composite tape is demonstrated by a July 11, 1994 letter written by Attorney Collins, who represented the City at the Civil Service Commission hearing, to Attorney Li-chten, Cignetti's counsel at the hearing. In that letter, Attorney Collins states that the tape was "made as part of the investigation.” The defendants’ have, moved to strike the letter. The motion is denied as moot. Although the letter itself has little or no evidentiary value, the defendants, as discussed above, have not established that they were engaging in prosecutorial functions when they prepared the tape. 8 . Several other Courts of Appeals have adopted similar exceptions to the broad immunity recognized in Briscoe v. LaHue. See Harris v. Roderick, 126 F.3d 1189 (9th Cir.1997), cert. denied, 522 U.S. 11 (<HOLDING>); see also Palma v. Atlantic County, 53 
 Holding statements: (A) holding that disputed issues of fact as to whether officer who allegedly gave false testimony before a grand jury could be considered a complaining witness prevented summary judgment (B) recognizing that absolute immunity is immunity from charges of either constitutional or statutory violations (C) holding that while a witness and prosecutor were protected by absolute immunity for their participation in judicial proceedings they were not entitled to absolute immunity on a  1983 claim that they conspired to present false testimony (D) holding that absolute immunity does not extend to a complaining witness who initiated a baseless prosecution by giving false testimony at either a grand jury proceeding or preliminary hearing (E) holding that a prosecutor accused of knowingly presenting false testimony at trial is protected by absolute immunity

Answer:
(D)


