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.

Input: Consider Input: unlawful harm under that public policy may include actions that violate recognized and accepted standards of conduct, such as applicable codes of ethics. The critical question in this case is whether under all of the surrounding circumstances MacDougall’s termination by Weiehert violated that clear mandate of public policy and was in retaliation for either his vote on the municipal parking ban ordinance or his refusal to change the ordinance. At the outset, we recognize that conduct that is directed against constitutionally-protected activity may violate a clear mandate of public policy, even though it may not offend any other statutory or legal standard. Supra at 390, 393, 677 A.2d at 167, 168. Compare Shovelin v. Central New Mexico Elec. Coop., Inc., 115 N.M. 293, 850 P.2d 996 (1993) (<HOLDING>) with Novosel v. Nationwide Ins. Co., 721 F.2d 
 Holding statements: (A) holding that employees retaliatory discharge based on employees election to public office did not violate public policy (B) recognizing public policy limits on employer discretion in discharging employees (C) holding public employees conduct and expression in internal investigation of employees at county prosecutors office to expose potential wrongdoing constituted matter of public concern (D) recognizing retaliatory discharge claim where employer prevented employees exercise of workers compensation rights because of employees intention to file claim (E) holding that the discharge of an employee hospitalized for illness did not violate public policy

Output: recognizing public policy limits on employer discretion in discharging employees


Input: Consider Input: matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any 
 Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter

Output: recognizing that endorsement would prevail if inconsistent with policy provisions


Input: Consider Input: disciplin ary segregation were isolated from other inmates and only permitted approximately 50 minutes a day to exercise and shower. The Court nevertheless held that “[t]he regime to which [the inmate] was subjected ... was within the range of confinement to be normally expected for one serving an indeterminate term of 30 years to life.” Id. at 487, 115 S.Ct. at 2302. Even assuming that the additional deprivations of communal religious services and out-of-cell exercise for 15 days caused the level of Arce’s hardship to exceed the hardship at issue in Sandin, any difference is significantly offset by the relative brevity of Aree’s segregation which was 12 days shorter than the 30 day segregation in Sandin. See Sandin, 515 U.S. at 486, 115 S.Ct. at 2301; see also Frazier, 81 F.3d at 317 (<HOLDING>). Moreover, the 15 day duration without 
 Holding statements: (A) recognizing a liberty interest in reasonably safe conditions of confinement (B) holding that placement in disciplinary segregation does not implicate a liberty interest because it falls within the terms of confinement ordinarily contemplated by a sentence (C) holding that 12 days of prehearing confinement in the shu did not implicate a statecreated liberty interest (D) holding that 117 days in administrative segregation due to lack of bed space did not implicate a statecreated liberty interest (E) holding that punitive conditions of pretrial confinement implicate due process


Output: recognizing a liberty interest in reasonably safe conditions of confinement