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: . . . there was a causal connection between the protected activity and the adverse employment decision[s].” Murray v. St. Michael’s Coll., 164 Vt. 205, 210, 667 A.2d 294, 299 (1995). In Burlington Northern, the Supreme Court held that a plaintiff bringing a retaliation claim under Title VII need show only that “a reasonable employee [in the employee’s situation] would have found the challenged action materially adverse,” meaning that it well might have dissuaded a reasonable employee from engaging in the protected activity. 548 U.S. at 68. ¶ 34. Assuming, without deciding, that this is the standard to apply with respect to retaliation claims brought under 21 V.S.A. § 710(b), we conclude that the limited video surveillance in this case in connectio v., 37 F.3d 1146, 1150 (5th Cir. 1994) (<HOLDING>). ¶ 35. But in this case, if the release 
 Holding statements: (A) holding that the former wife did not waive her attorneyclient privilege simply because the credibility of her claim that she relied on her husbands representations could be impeached by deposing her former attorney (B) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (C) holding that because a claimant testified that she had no insurance and could not afford treatment her failure to take medication for her symptoms is not a clear and convincing reason for discrediting her symptom testimony (D) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (E) holding that the employee was acting within the course of her employment when she died while returning from the workrelated session because her death occurred on a public highway which was brought within the scope of her employment by her employers requirement that she attend training at the state police academy

SOLUTION: (B)

PROBLEM: matter is before us on a Fed.R.Civ.P. 12(b)(6) motion to dismiss, we cannot look beyond McCormick’s complaint. See Sutton, 173 F.3d at 1236 (“The court’s function on a Rule 12(b)(6) motion is ... to assess whether the plaintiffs complaint alone is legally sufficient to state a claim for which relief may be granted.” (quotation omitted)). McCormick has never filed an amended complaint containing a factual allegation that the final shift change occurred on January 24, nor has he filed a motion seeking to amend his complaint. In th was aware of the alleged typographical error when he filed his brief in opposition to appellants’ motions to dismiss. At that point in the proceedings, he could have amended his complaint without the permission of the district court. See Glenn, 868 F.2d at 370 (<HOLDING>). McCormick had a reasonable opportunity to 
 Holding statements: (A) holding that the trial court erred by granting the defendants motion to dismiss (B) holding appellate courts have jurisdiction over the district courts orders rejecting as a matter of law qualified immunity raised in a motion to dismiss (C) holding that the trial court did not violate due process in considering the defendants motion to dismiss because the defendant had corrected its error in not serving its motion to dismiss on the plaintiff and because the plaintiff had received adequate time to consider and respond to the arguments made in the motion (D) holding that appellants could have amended as of right after they received the motion to dismiss and prior to the trial courts decision (E) recognizing that they could be amended anyway

SOLUTION:
(D)