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.

Input: Consider Input: rule may be outdated, we have also recognized that “it is uniquely a province of the legislature to change it.” Reiter v. Yellowstone County (1981), Mont., 627 P.2d 845, 849, 38 St.Rep. 686, 690. In Reiter, we noted that because of the operation of section 39-2-503, MCA, the at-will employee was not employed on a “discharge for cause only” basis. We stated, “assuming arguendo that appellant had an implied contract with an implied covenant of good faith, the employer did not act in bad faith because its conduct was statutorily permissible.” 627 P.2d at 849-850, 38 St.Rep. at 690. In other words, under section 39-2-503, MCA, an employer or employee could terminate employment for any or all reasons, provided the reasons or manner of termination did not 7), 373 Mass. 96, 364 N.E.2d 1251 (<HOLDING>); and Monge v. Beebe Rubber Co. (1974), 114 
 Holding statements: (A) recognizing a contract action when employee terminated in order not to receive earned bonuses or commissions (B) holding employee not terminated in bad faith because no evidence suggested that employer discharged employee in order to retain em ployees previously earned sales commissions (C) recognizing contract action and limiting damages to those for breach of contract when employee terminated for refusal to date foreman (D) holding um did not act under color of state law when it terminated an employee (E) recognizing a tort action for wrongful discharge when employee was terminated because he refused to commit a criminal act

Output: holding employee not terminated in bad faith because no evidence suggested that employer discharged employee in order to retain em ployees previously earned sales commissions


Input: Consider Input: State, after expressing its clear and accurate understanding of the ... issue ..., deliberately steer[s] the District Court away from the question and towards the merits of [the] petition.” Wood v. Milyard, — U.S.-, 132 S.Ct. 1826, 1835, 182 L.Ed.2d 733 (2012) (internal citation omitted). In Wood, the state had assured the district court that it was “not challenging, but d[id] not concede, the timeliness of the petition.” Id. at 1830. As in Wood, the state’s words and conduct cannot be described as an inadvertent mistake or forfeiture of the exhaustion defense, as was the case in Day, but instead they clearly evidence an express intention to waive the exhaustion requirement. As the First Circuit said, “[t]hat was game, set, and match.” Pike v. Guarino, 492 F.3d 61, 71-72 (1st Cir.2007) (<HOLDING>). Other circuits have also held this type of 
 Holding statements: (A) holding that a deposition that was not presented to the trial court could not be considered on appeal (B) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (C) holding that a waived issue ordinarily cannot be resurrected on appeal whereas a forfeited issue may be reviewed for plain error (D) holding statement that  petitioner is correct in her assertion that the claims presented  have been exhausted  was unmistakably clear and could not be resurrected on appeal alteration in original (E) holding that complaint on appeal must be the same as that presented in the trial court

Output: holding that a deposition that was not presented to the trial court could not be considered on appeal


Input: Consider Input: (6th Cir.1999)); Sierra Club v. U.S. Army Corps of Engineers, 446 F.3d 808, 815 (8th Cir.2006) (noting that “[t]he Supreme Court has strongly signaled that an agency’s decision to issue ... an environmental impact statement is a ‘final agency action’ permitting immediate judicial review under NEPA”) (citing Ohio Forestry, 523 U.S. at 737, 118 S.Ct. 1665); Goodrich v. United States, 434 F.3d 1329, 1335 (Fed.Cir.2006) (collecting “case law from our sister circuits holding that, for purposes of the [APA] a ROD is a ‘final agency action’ ”); Highway J Citizens Group v. Mineta, 349 F.3d 938, 958 (7th Cir.2003) (stating that NEPA “documents are intended to be the culmination of an agency’s environmental assessment”); Utah v. U.S. Dep’t of the Interior, 210 F.3d 1193, 1196 (10th Cir.2000) (<HOLDING>); Jersey Heights Neighborhood Ass’n v. 
 Holding statements: (A) holding that judicial review of decisions of military correction boards is review of the administrative record conducted under the administrative procedure act (B) holding that the rod and eis for a program were final agency action (C) holding that when the administrative procedure is not empowered to achieve the end sought in the legal action the procedure is unavailable because it cannot accomplish the purpose of the legal action (D) holding that judicial review of final agency action under the administrative procedure act  provides the proper procedure to challenge the sufficiency of an eis (E) holding that when an agency fails to follow the proper procedure under the illinois administrative procedure act for the adoption of rules the rule is invalid


Output: holding that judicial review of decisions of military correction boards is review of the administrative record conducted under the administrative procedure act