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.

Ex Input:
Brown’s argument that she was speaking as a citizen is supported by the fact that ordinary citizens may similarly report public misconduct to the Auditors. See Conn. Gen. Stat. § 4-61dd (conferring right to file reports with Auditors on “any person”). The existence of a civilian analogue to Brown’s conduct strengthens her allegations that her speech was as a citizen and thus protected by the First Amendment. See Matthews I, 779 F.3d at 176. The instant case is not similar to other cases of its type that were dismissed at the motion to dismiss stage. In many of those cases, the plaintiff-employee had made an admission that the alleged speech was made, at least in part, pursuant to his or her official duties. See Matthews v. Lynch, 483 Fed.Appx. 624, 626 (2d Cir. 2012) (Matthews III) (<HOLDING>); Anemone, 629 F.3d at 116. Here, there is no 
 Holding statements: (A) holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel (B) holding that a plaintiff did not complain to the eeoc pursuant to official duties but rather as a citizen (C) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (D) holding that speech was pursuant to official duties because plaintiff conceded at oral argument that as an internal affairs officer he had a broad responsibility to investigate and report police misconduct (E) holding police officer is a public official

Ex Output:
holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel


Ex Input:
of attorney-client privilege, nor could they. There was thus no error in admitting the bill. J. The Apportionment of Damages Defendants Ashton and Short contend that the Court erred in refusing to apportion damages among the Defendants. This issue as such was first raised in Defendants’ Amended Motion and would not need to be considered by the Court. Arkwright Mutual Insurance Co. v. Philadelphia Electric Co., supra. Prior to the charge of the Court, the parties were advised of the charge and Ash-ton and Short vaguely objected because of the potential for joint and several liability; however they did not propose any points for charge with respect to the apportionment of damages. See Frankel v. Burke’s Excavating, Inc., 269 F.Supp. 1007 (E.D.Pa.1967), aff’d 397 F.2d 167 (3rd Cir. 1968) (<HOLDING>). In any event, under Section 433(b), 
 Holding statements: (A) holding that alleged defects in special interrogatories could not be the basis for a new trial when counsel had not pointed out the alleged defect to the court (B) holding that when a term is defined in the statute it need not be further alleged in the indictment (C) holding that the court had no jurisdiction over an alleged breach of a plea agreement (D) holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court  properly dismissed plaintiffs  fraudulent concealment claim (E) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect

Ex Output:
holding that when a term is defined in the statute it need not be further alleged in the indictment


Ex Input:
March 28, 2017). In this case, the State’s explanation for the strike cited a race-neutral observable fact and did not express a belief or assumption about members of the juror’s race or even a subgroup of that race. See generally State v. Weaver, 912 SW2d 499, 509 (I) (Mo. 1995) (no Batson violation where prosecutor’s decision to strike was not based upon assumptions about members of the juror’s minority group). Compare State v. Jensen, 76 P3d 188, 193 (II) (Utah App. 2003) (explanation for strike not gender-neutral where prosecutor assumed that men involved in a protective order “would be on the defendant’s side, since more likely than not men are the respondents to protective orders, rather than women”) (punctuation omitted); State v. Lucas, 18 P3d 160, 162-163 (Ariz.App. 2001) (<HOLDING>) (citation and punctuation omitted). I 
 Holding statements: (A) recognizing that a court may take judicial notice of court filings and other matters of public record (B) holding that while the plaintiffs job responsibilities included assisting patients who received epidurals her regular work routine did not require lifting the legs of women weighing 263 pounds who had received epidurals (C) holding explanation that southern men take a negative view of pregnant women who work wrongfully excludes a subgroup of one gender from participation in the judicial process and reinforces prejudicial views of the relative abilities of men and women (D) holding that the existence of prior convictions are typically matters of public record of which the trial court can take judicial notice without violating the defendants right to due process (E) recognizing that the court may take judicial notice of its own docket

Ex Output:

recognizing that a court may take judicial notice of court filings and other matters of public record