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.
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Question: a housing development. Streckfus, 504 N.E.2d at 274. She was an at-will employee but had an employment agreement with the development's management company. Id. at 274-275. Her employment agreement referenced a management contract between the development and the management company, and the management contract provided procedures by which the management company could terminate a Resident Manager. Id. Our supreme court held that "as a matter of law, the Employment Agreement did not contain any job security provision which altered the employment at will relationship. ... Id. at 276. The Trails fail to demonstrate that Eddie states a claim upon which relief could be granted based upon the Club's Articles of Incorporation or the Club's standard practices. See also Orr, 689 N.E.2d at 719-720 (<HOLDING>). Even viewing the Trails' breach of contract 
 Holding statements: (A) holding that an arbitration agreement in an employee handbook was illusory where the employer expressly reserved a right to unilaterally rescind any provisions of the handbook (B) holding that employee handbook did not give rise to implied contract where it stated that it was not a contract and that employment was terminable at will (C) holding employee handbook or employers printed statement of policy are promises in implied offer of unilateral contract which an employee can accept by beginning or continuing to work for employer (D) holding that employee may claim contract created based on employer promise of severance pay to employee (E) holding that an employee handbook did not constitute a valid unilateral contract between the employee and employer in the absence of adequate independent consideration

Answer: (E)


Question: CURIAM. Appellant, John Mark Vaughan, Jr., filed a Rule 3.800(a) motion, claiming that his sentence was illegal under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied the motion, finding that the sentence imposed under the unconstitutional 1995 sentencing guidelines could have been imposed under the valid 1994 guidelines. Unfortunately, the trial court failed to attach the relevant portions of the record to support this finding, which ordinarily would require reversal. See, e.g., Moore v. State, 741 So.2d 577 (Fla. 5th DCA 1999) (<HOLDING>). However, appellant failed to allege that the 
 Holding statements: (A) holding that when a movant successfully challenges an illegal prr sentence in a rule 3800a motion at resentencing the movant is entitled to be present at sentencing represented by counsel with an opportunity to present mitigating evidence (B) holding that burden is on trial court denying a facially sufficient rule 3800a motion to attach record establishing movant is not entitled to relief (C) holding motion for substitution of judge properly denied where movant failed to attach affidavit (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding that a rule 3800a motion that does not allege that the court records show the defendants entitlement to additional jail credit is facially insufficient

Answer: (B)


Question: Inc., 270 F.R.D. 150, 154 (S.D.N.Y. 2010). “An identifiable class exists if its members can be ascertained by reference to objective criteria. Where any criterion is subjective, e.g., state of mind, the class is not ascertainable.” Spagnola v. Chubb Corp., 264 F.R.D. 76, 97 (S.D.N.Y.2010) (internal quotation omitted). Pearson appears to argue that the class is not sufficiently ascertainable because the Court will have to make a determination about the merits of each claim in deciding whether a particular individual is a class member, that is, whether Pearson exceeded the print run. Of course, the mere fact that class membership overlaps with an element of the plaintiffs legal claim does not mean that the class is not ascertainable. See Friedman-Katz, 270 F.R.D. at 154-55 (S.D.N.Y.2010) (<HOLDING>); Noble v. 93 Univ. Place Corp., 224 F.R.D. 
 Holding statements: (A) holding that a credit card arbitration provision presented in a takeitorleaveitmanner was not unconscionable (B) holding arbitration clause in credit card agreement unconscionable (C) holding that an arbitration provision in a credit card cardholder agreement was not unconscionable (D) holding that a class of individuals whose receipts contained more than the last five digits of their credit card number or the expiration date of their credit card number was ascertainable even though these criteria were also elements of the plaintiffs legal claim (E) holding that the plaintiffs were not covered by the flsa by virtue of the plaintiffs purchase of items at local stores using their employers credit card

Answer:
(D)