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: this case was scheduled for a date approximately six months after the permanent injunction had expired. The procedural posture of this case is comparable to that of Madonna, in which the plaintiffs challenged their confinements while awaiting a hearing to determine whether they should be committed to mental institutions. 295 N.W.2d at 358. The plaintiffs filed petitions for habeas corpus during their pre-hearing confinements, which lasted only a matter of weeks, but the petitions were not adjudicated before their pre-hearing confinements ended. Id. at 358-59. Approximately two and one-half years later, the supreme court held that the case was not moot, reasoning that “some method of review must exist.” Id. at 361; see also Burkstrand v. Burkstrand, 632 N.W.2d 206, 208 n. 2 (Minn.2001) (<HOLDING>); Davis v. Davis, 297 Minn. 187, 188 n. 1, 210 
 Holding statements: (A) holding that challenge to oneyear order for protection was not moot even though it had expired (B) holding that district court may award money due under a statute even though time for disbursement had expired (C) holding that challenge to oneyear residency requirement for divorce action was not moot even though plaintiff had since satisfied requirement (D) holding expired child abuse protective order not moot because of possible effect on future custody determinations (E) holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot

Answer: (A)


Question: evidence to conclude that the government’s conduct in this case amounted to a material breach, it denied Malone’s appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts § 241(e) (1981), “the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing” is a significant factor in determining whether that party’s breach is material. The Restatement also states that “[sjubter-fuges and evasions violate the obligation of good faith,” as does lack of diligence and interference with or failure to cooperate in the other party’s performance. Id. § 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons’ Co. v. United States, 151 
 Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination

Answer: (C)


Question: 1, 1953, until August 2, 1974, a period of 21 years and 2 months. At the time of his retirement, Falardo was eligible for both a “for service” retirement (“Service Retirement”), which requires 20 years of service, and an ordinary disability retirement (“Disability Retirement”). Only retirees who satisfy the Service Retirement prerequisites are eligible to receive benefits from the VSF. See N.Y.C. Admin. Code (“Code”) § 13-271(a)(8). Falardo alleges that the Police Pension Board and his Police Benevolent Association (“PBA”) representative failed to inform him 707 N.E.2d 444 (N.Y.1998), cert. denied, 526 U.S. 1131, 119 S.Ct. 1804, 143 L.Ed.2d 1008 (1999); Bergamine v. Patrolmen’s Benevolent Ass’n of the City of New York, Inc., 202 A.D.2d 201, 608 N.Y.S.2d 431 (App. Div. 1st Dep’t 1994) (<HOLDING>), appeal denied, 83 N.Y.2d 758, 615 N.Y.S.2d 
 Holding statements: (A) holding that state law fraud claims are preempted by the federal labor law duty of fair representation (B) holding that unions interpretation of a contractual provision necessarily favorfing some workers over others did not violate the duty of fair representation (C) holding that sixmonth duty of fair representation statute of limitations applicable to claim alleging breach of union contract (D) holding that the pba did not violate its duty of fair representation by not taking steps to insure plaintiffs would receive vsf benefits (E) holding intentional conduct without rational basis is arbitrary breach of duty of fair representation

Answer:
(D)