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.
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Question: a “public official,” places a great emphasis on two of the elements: (1) the statutory powers and duties of a position, and (2) whether that position exercised sovereign power. See, e.g., Spaulding, 102 Iowa at 649, 72 N.W. at 291 (concluding that the treasurer of the commissioners of pharmacy was not a public officer because the position of treasurer “was a creation of the commission ... and at all times subject absolutely to their control”); McKinley, 228 Iowa at 1189-91, 293 N.W. at 451 (concluding that county engineer was an “official” because he furnished a bond and took an oath of office; but more importantly because several statutes defining the powers and duties of the county engineer delegated certain sovereign powers to that position); Whitney, 232 Iowa at 71, 4 N.W.2d at 398 (<HOLDING>); Hutton, 235 Iowa at 56, 16 N.W.2d at 20 
 Holding statements: (A) holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment (B) 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 (C) holding that a schoolteacher elected by the school board was an employee not an official and therefore entitled to benefits under the workers compensation act (D) holding that a schoolteacher elected by the school board was not an official because she was not required to give bond or take an oath none of the statutes impose upon her the exercise of discretion in any way they delegate no sovereign power to her (E) 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

Answer: holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment


Question: law did not authorize the arresting officer to require Turbyne to take a breath test when the blood test was unavailable. Gillett, 629 P.2d at 619 n. 10. Nor do our decisions in Gillett and Riley construe the statute as allowing the police to compel a different test when extraordinary circumstances prevent administration of the driver-selected test. The good cause exception we established in those cases applies to excuse the judicial sanction of dismissal of the charges when the police are prevented in circumstances beyond their control from administering the driver-selected test. As Shinaut and Dike demonstrate, when a driver selected to take the chemical test not initially selected, he or she may have voluntarily consented to the search of his or her person. Shinaut, 940 P.2d at 384 (<HOLDING>). When the controlling facts are undisputed, as 
 Holding statements: (A) holding that teachers request for four months leave was not a reasonable accommodation (B) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (C) holding that a person must request a reasonable accommodation before he has been terminated he cannot wait until he is terminated and then months later  request reinstatement and demand a reasonable accommodation (D) holding that erroneous accommodation of a citizens request by a police officer does not warrant the sanction of excluding evidence (E) holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada

Answer: holding that teachers request for four months leave was not a reasonable accommodation


Question: the existence of an attorney-client relationship be waived her right to complain about Proctor’s involvement because she did not file her motion to disqualify in a timely manner. More specifically, Hendricks argues that the motion was untimely because Barker knew that Proctor represented him “some three years” before suit was filed. See Vaughan v. Walther, 875 S.W.2d 690, 690 (Tex. 1994) (orig. proceeding) (per curiam) (“A party who fails to file its motion to disqualify opposing counsel in a timely manner waives the complaint.”). Hehdricks did not preserve this point because he did not raise it in the trial court. See Tex. R. App. P. 33.1. that she did not waive her complaint. See In re Hoar Constr., L.L.C., 256 S.W.3d 790, 798 (Tex. App.-Houston [14th Dist.] 2008, orig. proceeding) (<HOLDING>). We overrule Hendricks’s second issue. 
 Holding statements: (A) holding that the trial court did not abuse its discretion by refusing to disqualify an attorney based on a matter not raised by the opposing party until only weeks prior to trial (B) holding that the trial court did not abuse its discretion in determining that a tenmonth delay in filing a dismissal motion was reasonable (C) holding that a fivemonth delay in filing a motion to disqualify did not bar the motion where there was a reasonable explanation for the delay (D) holding that a year delay in filing a motion to disqualify did not bar the motion where there was no evidence that the motion was inspired by dilatory tactics (E) holding that the trial court did not abuse its discretion by implicitly rejecting a waiver argument where the motion to disqualify was filed after a threemonth delay

Answer:
holding that the trial court did not abuse its discretion by refusing to disqualify an attorney based on a matter not raised by the opposing party until only weeks prior to trial