TASK DEFINITION: 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.
PROBLEM: phrase “periodical ly review and monitor the agent” is untested. Thus, the unanswered question before us is how much reviewing and monitoring is required by a trustee to satisfy the mandates of R.C. 1339.59(A)(3)? The plain meaning of the operative words are (1) review — “to go over or examine critically or deliberately” and (2) monitor — “to watch, keep track of, or check usually for a special purpose.” Merriam-Webster’s Collegiate Dictionary (11th Ed.2003) 1067, 801. However, secondary legal authority on this point is scarce and wide ranging: If in the exercise of reasonable diligence, the trustee discovers conditions adversely affecting the security of the investment, it is bound to er (1987), 152 Ariz. 527, 528, 733 P.2d 1110, citing Restatement of the Law 2d, Trusts (1959) 227 (<HOLDING>); Estate of Miller (1964), 230 Cal.App.2d 888, 
 Holding statements: (A) holding that a trustee who lacks investment experience must seek expert advice regarding investing trust assets while exercising his own judgment (B) holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa (C) holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust (D) holding that although a trustee is not required to watch the ticker as a speculator would    the question of the quality of judgment in holding or disposing of trust assets    coupled with evidence of failure to review or monitor the trust estate and refusal to meet with cotrustees presents a jury question on whether or not the trustee breached his duty (E) holding that a trustee properly withheld trust payments owed to a prior trustee who had misappropriated trust funds

SOLUTION: holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa

PROBLEM: Leak should not have been admitted, because, they say, 1) its prejudicial effect outweighed its probative value and 2) it was inadmissible under the general exclusionary rule. However, Tinsley and Tuscaloosa County did not object before the trial court based on these grounds. Because Tinsley and Tuscaloosa County failed to state these grounds for their objection, the alleged error was not preserved for appeal. Rule 103, Ala. R. Evid. The trial record shows that Tinsley and Tuscaloosa County based their objection to the testimony on a relevancy argument. They do not argue on appeal that the trial court erred in ruling that the evidence was relevant. Therefore, they have not presented any basis for appellate review on this issue. See Landreth v. State, 600 So.2d 440 (Ala.Crim.App.1992) (<HOLDING>). The judgment of the trial court is affirmed. 
 Holding statements: (A) holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal (B) holding that issues raised for the first time on appeal will not be considered (C) holding that the statement of specific grounds in a motion for a new trial waives all other grounds not specified (D) holding that where specific grounds for an objection are stated at trial all other grounds are waived and will not be considered for the first time on appeal (E) holding that a claim not raised before the trial court will not be considered for the first time on appeal

SOLUTION: holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal

PROBLEM: acts of sexual harassment by the plaintiffs co-workers, about which defendants’ supervisors neither knew nor should have known, does not give rise to a cognizable sexual harassment claim and will not revive an otherwise stale sexual harassment claim. See Doe v. R.R. Donnelley & Sons Co., 42 F.3d 439, 446 (7th Cir.1994) (“[Because no harassment event occurring during the violation period was ever brought to the attention of [the employer] while [the plaintiff] was still employed, there is no violation during the limitation period that can serve as the anchor for the earlier conduct.”). Additionally, the plaintiff cannot rely on the continuing violations doctrine, because there is no nexus between the conduct of the coworkers in 1994 and the earlier incidents going back to 1992. See Id. (<HOLDING>). Accordingly, there being no dispute as to 
 Holding statements: (A) holding that plaintiff has the burden to demonstrate some nexus between infringement and profits before apportionment can occur (B) holding plaintiff failed to demonstrate disparate treatment because she failed to show she was similarly situated to coworker to whom she compared herself (C) holding that the plaintiff could not rely on the continuing violations doctrine because she had failed to demonstrate a sufficiently close nexus between alleged touching incidents by a supervisor and the later conduct of fellow employees (D) holding that a constitutional claim against nongovernment entities only lies where there is a sufficiently close nexus between the state and the challenged action of the  entity so that the action of the latter may be fairly treated as that of the state itself (E) holding that plaintiff cook at a nursing home had sufficiently pled requisite public policy and a close fit where she alleged she was fired for expressing concerns that a fellow employee was contaminating the area where she was preparing food

SOLUTION:
holding that plaintiff has the burden to demonstrate some nexus between infringement and profits before apportionment can occur