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.
--------
Question: matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any 
 Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter

Answer: recognizing that endorsement would prevail if inconsistent with policy provisions


Question: was merely acting as Casey’s nominee by allowing him to park 28th Place in her name without relinquishing the benefits of ownership of the property. The district court agreed with the government and allowed forfeiture on this ground. Black’s Law Dictionary defines a “nominee” (in the context of property law) as a “party who holds bare legal title for the benefit of others or who receives and distributes funds for the benefit of others.” Black’s Law Dictionary 1149 (9th ed.2009). Unlike a party with a cognizable property interest, a nominee cannot claim a viable third-party interest sufficient to render a forfeiture invalid. See People v. Chicago Title and Trust Co., 75 Ill.2d 479, 27 Ill.Dec. 476, 389 N.E.2d 540, 544 (1979); United States v. Herrero, 893 F.2d 1512, 1542 (7th Cir.1990) (<HOLDING>), abrogated on other grounds by United States 
 Holding statements: (A) holding lopez was inapplicable to the language prior conviction for a felony drug offense in 21 usc  841b1a because felony drug offense was defined in 21 usc  80244 as an offense that is punishable by imprisonment for more than one year under any law of the united states or of a state (B) recognizing that we held in tilley that the forfeiture of proceeds from illegal drug sales pursuant to 21 usc  881a6 does not constitute punishment (C) holding that drug quantity is an element of an offense under 21 usc  841 (D) holding that scope of property subject to forfeiture is defined by the instrument creating an interest in the property (E) holding that property held by another as nominal owner for benefit of a drug dealer subject to forfeiture under 21 usc  853

Answer: holding lopez was inapplicable to the language prior conviction for a felony drug offense in 21 usc  841b1a because felony drug offense was defined in 21 usc  80244 as an offense that is punishable by imprisonment for more than one year under any law of the united states or of a state


Question: The allegations of retaliation found in the FAC are not “like or reasonably related” to the allegations contained in the charge. Nor are the new claims of retaliation consistent with Plaintiffs original theory of the case — sex discrimination and hostile work environment. Plaintiffs EEOC charge does not include an allegation of retaliation or facts that would support the claim of retaliation she now makes. Her charge to the EEOC was narrow in scope, focusing exclusively on sex discrimination. The Court therefore finds that Plaintiff did not exhaust her retaliation claim at the administrative level and will dismiss her retaliation claims under Title VII and ACRA for lack of subject matter jurisdiction. See Epps v. Phoenix Elementary Sch. Dist., 2009 WL 996308 (D.Ariz. April 14, 2009) (<HOLDING>). B. Negligent Misrepresentation (Third Claim 
 Holding statements: (A) holding plaintiff did not exhaust his retaliation claim where his eeoc charge made no mention of retaliation (B) holding that a title vii retaliation claim was not properly before the court because although the plaintiff had not been fired when he filed his complaint the plaintiff never amended his complaint to include a claim of retaliation based on his termination (C) holding that if the alleged retaliatory action occurs before the initial eeoc charge is filed a plaintiff must exhaust his administrative remedies as to that claim by including factual information in the charge that discloses the factual basis for the retaliation claim (D) holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim (E) holding court did not have jurisdiction to hear plaintiffs retaliation claim where plaintiff did not check the retaliation box or describe anything that indicates such a claim in the eeoc complaint

Answer:
holding that a title vii retaliation claim was not properly before the court because although the plaintiff had not been fired when he filed his complaint the plaintiff never amended his complaint to include a claim of retaliation based on his termination