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.

Q: give several reasons for their decision to terminate the plaintiff; namely, that he was over-extended, refused to delegate work, failed to share information, had poor people management skills, and treated 010 employees in an abusive manner. As the “proverbial straw that broke the camel’s back,” defendants also point to, and plaintiff concedes, his use of profanities and abusive language during the phone conversation with Clark. (Doc. 41 at 25.) Defendants were concerned that plaintiffs behavior would result in a lawsuit by Clark or potentially lawsuits by other employees. An employee’s inappropriate behavior toward other employees is a legitimate business reason for termination in the context of a close corporation. See Priebe v. O’Malley, 89 Ohio App.3d 8, 12, 623 N.E.2d 573 (1993) (<HOLDING>). The record demonstrates that defendants acted 
 Holding statements: (A) holding that unless a shareholder can show personal cause of action and personal injury claims for fraud and breach of fiduciary duty belong to the corporation and not the shareholder (B) holding that shareholder could not prevail on breachoffiduciaryduty claim against other shareholder because alleged mishandling of funds did not result in any injury to the corporation (C) holding that majority shareholders had legitimate business reasons for terminating a shareholder which included the reason that the shareholder was not working well with other employees (D) holding that sole shareholder could recover on behalf of company but not in individual capacity for former shareholder and officers misappropriation of corporate assets (E) holding that corporate officer and majority shareholder could be held liable for acting in a manner that served his interests at the expense of the other shareholders because his interests and the corporations were not necessarily aligned

A: (C)
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Q: the trial court erroneously classified property as marital when in fact it was non-marital, the question becomes what relief, if any, this court ought to grant. “The erroneous characterization of property requires reversal of the order dividing marital property if the error materially impacts the overall distribution of the marital property.” Halupa v. Halupa, 943 S.W.2d 272, 278 (Mo.App. E.D.1997). Here, by our calculation, the difference in the calculation is roughly five thousand dollars. The trial court awarded to each party a percentage of the property based on their respective contributions. The trial court was free to conclude that Wife was entitled to a share of the value of the home due to her significant contributions. Moritz v. Moritz, 844 S.W.2d 109, 112 (Mo.App. W.D.1992)(<HOLDING>). Because the property was not transmuted, it 
 Holding statements: (A) holding that a nonowning spouse is entitled to some benefit when marital funds are used to improve nonmarital property (B) holding that a trial court may find that a nonowning spouse is entitled to some benefit by reason of marital funds having been used to pay off debts on the owning spouses nonmarital property (C) holding that home purchased with separate funds and titled in one spouses name was transmuted into marital property because home was used as marital residence and the other spouse contributed to payments and repairs on home (D) holding that clear language in one portion of a later may cause ambiguity in another portion to dissipate (E) holding that one spouse may be entitled to a portion of the equity in home purchased with nonmarital funds

A: (E)
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Q: the same test is used with respect to appellate counsel.”). In other words, Petitioner “must first show that his counsel was objectively unreasonable” in failing to raise the issue on appeal, and then “must show a reasonable probability that, but for his counsel’s unreasonable failure [to raise the issue], he would have prevailed on his appeal.” Smith, 528 U.S. at 285-86, 120 S.Ct. 746. Under the first prong, “it is difficult to demonstrate that counsel was incompetent” for “fail[ing] to raise a particular claim” because “appellate counsel ... need not (and should not) raise every non-frivolous claim, but rather may select from among them in order to maximize the likelihood of success on appeal.” Smith, 528 U.S. at 288, 120 S.Ct. 746; see also Jones, 463 U.S. at 754, 103 S.Ct. 3308 (<HOLDING>); Aparicio, 269 F.3d at 95 (“Counsel is not 
 Holding statements: (A) holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel (B) holding that appellate counsel is not required to raise meritless issues on appeal (C) holding that similar argument did not raise a colorable question of law for purposes of jurisdiction (D) recognizing that appellate counsel is under no duty to raise every colorable claim suggested by a client (E) recognizing that every theory of relief must raise federal issue for claim to arise under federal law

A:
(D)
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