With no explanation, chose the best option from "A", "B", "C" or "D". Henry Dana, Jr., ed., 8th ed. 1866) (distinguishing between a vessel’s “ostensible nationality,” which is indicated by its flag and documents, and its “actual nationality, which depends on the domicile of the owner and other facts”). Under international law, “[a] vessel may be considered as possessing the nationality of a State even though she is unregistered, possesses no documents evidencing that nationality, nor even flies the flag of that State.” N.P. Ready, Ship Registration 3 (3d ed.1998); see also McDorman, supra, at 533 (“Determining vessel nationality ... is not just a question of documentation of the vessel!,] and a vessel literally without a flag, not being a vessel registered in a country, is not necessarily stateless or without nationality.”); Rosero, 42 F.3d at 172-73 (<HOLDING>). Even pirate ships possessing no documents and

A: holding that it was improper for the trial court to instruct the jury that it could not consider the states failure to videotape the defendant
B: holding that it was error to instruct the jury that it could find a vessel genuinely stateless based on an unstructured weighing of the totality of the evidence including various indicators of nationality
C: holding that the trial court erred in failing to instruct the jury that it could find constructive notice from evidence that the defendants knew of a recurring dangerous condition
D: holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme
B.