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.

Input: Consider Input: 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

Output: (B)


Input: Consider Input: should be drawn from the defendant's failure to call his accomplices to testify. The prosecutor remarked only that Mitchell had the power to subpoena witnesses, and that the defense could do so "if they thought it would contradict something [the State! presented.” In light of defense counsel’s earlier statements that "clearly you have a situation where a misidentification could take place,” and that the jury should be able to see Corprew, Cochran, and Henderson in the courtroom, the prosecutor's remarks did not relate to the substance of those witnesses’ potential testimonies. Had the prosecutor inferred that Corprew, Cochran, and Henderson would have testified unfavorably to the defense, that inference might well have conflicted with Christensen, 274 Md. at 140-41, 333 A.2d at 49 (<HOLDING>). Nevertheless, we conclude that the 
 Holding statements: (A) holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime (B) holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely (C) holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege (D) holding that witness was not an accomplice in distributing marijuana to himself (E) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify

Output: (C)


Input: Consider Input: of a fiduciary relationship.”). As for whether the breach must be material to the transaction, we need not address this argument because the case at hand satisfied any such requirement. The very reason bribes were paid to the adjusters was to obtain favorable results in settlements. The insurance companies, acting as reasonable entities, were bound to have considered the fact that their employees had a financial interest in settling cases to be important information with respect to those settlements. See United States v. Dinome, 86 F.3d 277, 280 (2d Cir.1996) (affirming jury instruction charging that a representation was material if “a reasonable person might have considered [it] important in making a decision”); see also United States v. Rodolitz, 786 F.2d 77, 80-81 (2d Cir.1986) (<HOLDING>). Appellants next contend that the government 
 Holding statements: (A) holding the appellant needed to prove by a preponderance of the evidence that her husbands death fell within the terms of the insurance policy (B) holding that unless the collision resulted in a total loss the measure of recovery is the difference between the fair market value of the vehicle in the condition in which it was immediately prior to the collision and its value thereafter (C) recognizing that enhancement requires control over a participant in the scheme not only control over the scheme itself (D) holding in a case involving falsified insurance claims that the government needed to prove only that defendant employed a deceptive scheme intending to prevent the insurer from determining for itself a fair value of recovery (E) holding in the context of the criminal false claims act that to prove falsity the government only had to prove that the statement was known to be untrue at the time the defendant made it


Output: (D)