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.
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Question: for [her] employer! ] to operate efficiently and effectively.” Id. at 418-19, 126 S.Ct. 1951. The point of this inquiry, then, is “both to promote the individual and societal interests that are served when employees speak as citizens on matters of public concern and to respect the needs of government employers attempting to perform their im portant public functions.” Id. at 420, 126 S.Ct. 1951. With that premise as a backdrop, the Supreme Court held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” Id. at 421, 126 S.Ct. 1951; see also Haynes v. City of Circleville, 474 F.3d 357, 364-65 (6th Cir.2007) (<HOLDING>). Thus, Garcetti and its Sixth Circuit progeny 
 Holding statements: (A) holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern (B) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (C) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (D) holding that garcetti barred claims involving speech not necessarily required by the plaintiffs job duties but nevertheless  related to his job duties (E) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected

Answer: holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern


Question: this petition for prohibition. Petitioner is mistaken in an essential respect. Although he characterizes his challenge as involving subject matter jurisdiction, he is mistaken. There can be no dispute that the circuit court has subject matter jurisdiction over cases involving dissolution of marriage. See § 26.012(2)(a), Fla. Stat. (2006) (circuit courts have original jurisdiction in all actions at law not cognizable in the county courts). The fact that petitioner wishes to dispute in the pending dissolution action is whether there was any marriage at all to dissolve. An attack on the validity of an alleged marriage has nothing to do with subject matter jurisdiction but is simply an issue to be determined in the dissolution action. See Marden v. Marden, 276 So.2d 493 (Fla. 4th DCA 1973) (<HOLDING>). It is true that a petition for a writ of 
 Holding statements: (A) holding that there was a genuine issue of material fact precluding summary judgment (B) holding that standing existed (C) holding that in an action brought by alleged wife for permanent alimony suit money attorneys fees and restraining order an issue of fact existed concerning whether a commonlaw marriage existed thus precluding summary judgment (D) holding that material issue of fact existed concerning whether employer orally promised to discharge employee only for cause (E) holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife

Answer: holding that there was a genuine issue of material fact precluding summary judgment


Question: is supported by the weight of authority from other states. Com. v. Dent, 992 A.2d 190, 192 (Pa. Super. 2010), is the most recent and definitive case on the issue. In Dent, the Pennsylvania court was confronted with this question in the specific context of Texas Hold’Em. The court applied the predominate-factor test. 992 A.2d at 192-93. After reviewing the existing case law on whether poker was a game of chance or skill, the court found that “while the outcome of poker may be dependent on skill to some degree, it is predominately a game of chance. . . . [While] skill can determine die outcome in a poker game, players are still subject to defeat at the turn of the cards.” 992 A.2d at 196. See also Plato’s Cave Corp. v. State Liquor Authority, 115 App. Div. 2d 426, 496 N.Y.S.2d 436 (1985) (<HOLDING>). In Joker Club, L.L.C. v. Hardin, 183 N.C. 
 Holding statements: (A) holding that deference to the guidelines depends on the thoroughness of the commissions analysis and the validity of its reasoning (B) holding that the outcome of the case could have been different if the trial court had imposed the appropriate burden (C) holding that the outcome depends materially on the draw of the cards (D) holding that the inquiry into whether an employee was acting within the scope of his employment depends on the respondeat superior law of the state in which the tort occurred (E) holding that a predominance finding depends on a courts choice of law analysis

Answer:
holding that deference to the guidelines depends on the thoroughness of the commissions analysis and the validity of its reasoning