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: failed to ' pay Tomlin at the time-and-a-half rate for the hours he worked in excess of forty per week. In the event of such a failure, we instruct the ALC to determine the rate of compensation to which Tomlin was entitled, the number of overtime hours that were underpaid, and the amount the Department owes Tomlin for his labor. II. Remaining Issues With regard to Tomlin’s remaining issues, we affirm based upon the following authorities: 1. As to the circuit court’s remand to the ALC for determination of the prevailing wage: Condor, Inc. v. Bd. of Zoning Appeals, City of N. Charleston, 328 S.C. 173, 178, 493 S.E.2d 342, 344 (1997) (preventing an appellant from arguing on appeal an issue conceded in the trial court); Bowman v. Bowman, 357 S.C. 146, 160, 591 S.E.2d 654, 661 (Ct.App.2004) (<HOLDING>). 2. As to whether Tomlin was an employee of 
 Holding statements: (A) holding that even when the issue is constitutional in nature an argument is not preserved on appeal unless the appellant raised and made the argument at trial and obtained a ruling on it nor will a particular theory be addressed on appeal if it was not presented below (B) holding a party cannot seek and receive a particular result at trial and then challenge it on appeal (C) holding that defendant must object at trial to preserve as applied challenge for appeal (D) holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court (E) holding that claims based on grounds not objected to at trial cannot be considered on appeal

Answer: (B)


Question: as an exhibit, he was able to make his argument that the victim was vindictive towards defendant. Accordingly, even if the trial court erred in this respect, we are not persuaded that it is more probable than not that any such error was outcome determinative. (MCOA Op. at 5.) Petitioner contends that, by barring the introduction of the actual letters sent by Gordon and barring cross-examination that quoted those letters, the trial court prevented him from effectively cross-examining Gordon about her bias and motive for giving false evidence against him. I disagree. Unlike in Van Arsdall, 475 U.S. at 679, 106 S.Ct. 1431, the trial court did not “prohibit! ] all inquiry” into Gordon’s possible bias and motivation to lie. Id. (emphasis in original); see also Vasquez, 496 F.3d at 571 (<HOLDING>). Contrary to Petitioner’s representations, he 
 Holding statements: (A) recognizing this distinction (B) recognizing distinction between tolling and estoppel (C) recognizing distinction between barring all inquiry into a witness bias and barring a particular form of crossexamination (D) recognizing distinction between two types of waiver (E) recognizing distinction between smith and mcdonnell

Answer: (C)


Question: the County acknowledges that Barrett involved litigation costs rather than attorney’s fees, it contends that this is a distinction without a difference and that it would not make sense to permit reimbursement of one and not the other given that both have their foundation in Section 440. Moreover, the County argues that It would be inequitable to force it to bear the costs of attorney’s fees where it had'a reásonable basis for its contest, and that Parker’s counsel will be unjustly enriched if the erroneously awarded fees are not disgorged. In this regard, the County observes that courts have frequently utilized equitable principles when interpreting provisions of the Workers’ Compensation Act. See Kiebler v. WCAB (Specialty Tire of America), 738 A.2d 510 (Pa. Cmwlth. 1999) (en banc) (<HOLDING>); Roadway Express Inc. v. WCAB (Alien), 152 Pa. 
 Holding statements: (A) holding that the delivery of an eeoc decision to the former attorney of a claimant did not constitute notice to the claimant (B) holding claimant was not entitled to agencys mistaken application of statutory provision (C) holding that the equitable principle of unjust enrichment allowed an employer to recapture a mistaken overpayment made to the claimant (D) holding that the burden of proof is on the claimant (E) holding that where employer paid benefits under group disability policy to employee under mistaken belief that his condition resulted from illness rather than injury arising out of and in course of employment employees acceptance of such benefits did not bar him from benefits to which he was entitled under workers compensation law and employer was properly allowed credit for payments made under disability policy

Answer:
(C)