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: CURIAM: Michael Disch appeals his convictions for mailing threatening communication, in violation of 18 U.S.C. § 876(c), and making false statements to an FBI agent, in violation of 18 U.S.C. § 1001. Disch argues that the district court judge was required to recuse himself sua sponte under 28 U.S.C. § 455(a) and § 455(b). Ordinarily, we review a judge’s decision not to recuse himself under § 455(a) and § 455(b) for an abuse of discretion. United States v. Bailey, 175 F.3d 966, 968 (11th Cir.1999); see also Parker v. Connors Steel Co., 855 F.2d 1510, 1527-28 (11th Cir.1988) (<HOLDING>). However, when a defendant fails to seek 
 Holding statements: (A) holding that a confrontation clause violation constituted harmless error (B) holding that a  455b violation is subject to harmless error review (C) holding that violation of rule 16 in that case was not harmless error (D) holding that confrontation clause violations are subject to harmless error review (E) holding that the omission of an element is subject to harmless error analysis

Answer: holding that a confrontation clause violation constituted harmless error


Question: This Court has reviewed these decisions and is in agreement with their reasoning and conclusions that the public policy exception does not give rise to a protected property interest in continued employment in this case. Likewise, the implied covenant is not the source of a protected property interest. The implied covenant of good faith and fair dealing applies to at-will employment and affords an employee the right to be dealt with fairly and in good faith. See Cantwell v. City of Boise, 146 Idaho 127, 191 P.3d 205, 213-14 (2008). Breach of the covenant may give rise to an action for wrongful termination but it does not convert at-will employment to term employment nor form the basis for a protected property interest. See Hollister v. Forsythe, 22 F.3d 950, 952-52 (9th Cir.1994) (<HOLDING>); Willnerd v. Sybase, Inc., No. 
 Holding statements: (A) recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate (B) recognizing cause of action for implied covenant of good faith and fair dealing in atwill employment contract (C) holding an implied covenant of good faith and fair dealing was insufficient to create a property interest in continued employment under montanas statutory scheme for at will employment (D) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (E) recognizing that evidence of breach of implied covenant of good faith and fair dealing may support punitive damages

Answer: recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate


Question: the exception for abstract ideas “is more of a problem, a problem inherent in the search for a definition of an ‘abstract idea’ that is not itself abstract”). Some guiding principles, however, have emerged from Supreme Court and Federal Circuit precedent. The courts have determined that mathematical formulas and algorithms, as well as fundamental economic principles, are abstract ideas. See Alice, 134 S.Ct. at 2356 (finding the concept of intermediated settlement, or “exchanging financial obligations between two parties using a third-party intermediary to mitigate settlement risk,” to be an abstract idea); Bilski v. Kappos, 561 U.S. 593, 611—12, 130 S.Ct. 3218, 177 L.Ed.2d 792 (2010) (finding the concept of risk hedging to be an abstract idea); Benson, 409 U.S. at 71-72, 93 S.Ct. 253 (<HOLDING>); OIP Techs., Inc. v. Amazon.com, Inc., 788 
 Holding statements: (A) holding an issue must be raised to and ruled upon by the trial court in order to be preserved for review (B) holding that a mathematical algorithm must produce a useful concrete and tangible result to be patentable (C) holding that statements made in a letter to the editor regarding a psychologists behavior modification techniques were not pure opinion because the letter might reasonably be understood to imply the assertion of undisclosed facts (D) holding an algorithm for converting binarycoded decimal numerals to pure binary numerals to be patentineligible (E) holding an issue must be raised to and ruled upon by the trial court to be preserved for appellate review

Answer:
holding an issue must be raised to and ruled upon by the trial court in order to be preserved for review