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. 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.
PROBLEM: 26 Ariz.App. 265, 270-71, 547 P.2d 1065, 1070-71 (1976), which held that a party is precluded from raising for the first time on appeal the trial court’s failure to make findings when specifically required to do so by Arizona Rule of Civil Procedure 52(a). 179 Ariz. at 301, 878 P.2d at 657. Accordingly, I perceive that Trantor’s waiver rule applies with as much vigor to statutes or rules that specifically require findings as it does when the requirement is imposed by case law. Cf. Galloway v. Vanderpool, 205 Ariz. 252, 256, ¶ 17, 69 P.3d 23, 27 (2003) (“Once published, our interpretation [of a statute] becomes part of the statute.”); Local 266, Int’l Bhd. of Elec. Workers, A.F. of L. v. Salt River Project Agric. Improvement and Power Dist., 78 Ariz. 30, 43, 275 P.2d 393, 402 (1954) (<HOLDING>). ¶ 31 One further point. Because my colleagues 
 Holding statements: (A) holding principle of statutory construction is to give effect to every clause and word of a statute (B) holding that the courts in the absence of ambiguity should as a general rule confine themselves to a construction of a statute as written and not attempt under the guise of construction to supply omissions or remedy possible defects in the statute or to insert exceptions not made by the legislature (C) recognizing rule of statutory construction that statutes must be read as a whole and sections which are part of the same general statutory scheme must be construed together and each given effect if it can be done by any reasonable construction (D) recognizing that unreversed statutory construction is to be held part of the statute as if originally so written (E) holding that the term shall is mandatory for purposes of statutory construction when the statute is unambiguous

SOLUTION: (D)

PROBLEM: Erickson-Puttmann concedes that her Title VII claim against Gill fails because Gill was not her employer. See e.g., Bonomolo-Hagen v. Clay Central-Everly Community Sch. Dist., 121 F.3d 446, 447 (8th Cir.1997) (“Our Court quite recently has squarely held that supervisors may not be held individually liable under Title VII.” (citing Spencer v. Ripley County State Bank, 123 F.3d 690, 691-92 (8th Cir.1997) (per cu-riam))). Lenhardt v. Basic Inst, of Tech., Inc., 55 F.3d 377, 381 (8th Cir.1995) (noting that “[e]very circuit that has considered the issue ultimately has concluded that an employee, even one possessing supervisory authority, is not an employer upon whom liability can be imposed under Title VII.”); Smith v. St. Bernards Reg'l Med. Ctr., 19 F.3d 1254, 1255 (8th Cir. 1994) (<HOLDING>). Therefore, the court concludes that summary 
 Holding statements: (A) holding that individual employees are not liable under title vii (B) holding that individual defendants may not be held liable for violations under title vii (C) holding individual employees may be liable under title vii (D) holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii (E) holding that there is no individual liability under title vii

SOLUTION: (D)

PROBLEM: and unanimous negative performance reviews from the moment that she began working as a medical resident. The court noted “[e]very doctor to evaluate [the plaintiff] found that her performance as a surgeon was insufficient to allow her to continue in the program. No evidence of bias was alleged regarding most of these doctors, leaving a chorus of negative evaluations unrebutted by a single positive testimonial.” Id. at 318. That is not the case here. While Mr. Ohlmeyer’s performance evaluations were largely negative, he did earn some praise from his supervisors. In addition, |49we note that the U.S. Fifth Circuit has reaffirmed the viability of the Bienkowski rule since Sreeram. See, e.g., Berquist v. Washington Mut. Bank, 500 F.3d 344, 351 (5th Cir.2007), cert. denied Cir. 1993) (<HOLDING>). Thus, we find that Mr. Ohl-meyer was 
 Holding statements: (A) holding that in determining the propriety of summary judgment credibility determinations may not be made  (B) holding that credibility determinations should not be resolved at the summary judgment stage (C) holding that credibility determinations are for the jury (D) holding that it is not appropriate for the district court to determine whether subjective criteria are bona fide in effect making dispositive determinations about the employers credibility on summary judgment (E) holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations

SOLUTION:
(D)