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.
--------
Question: for [her] employer! ] to operate efficiently and effectively.” Id. at 418-19, 126 S.Ct. 1951. The point of this inquiry, then, is “both to promote the individual and societal interests that are served when employees speak as citizens on matters of public concern and to respect the needs of government employers attempting to perform their im portant public functions.” Id. at 420, 126 S.Ct. 1951. With that premise as a backdrop, the Supreme Court held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” Id. at 421, 126 S.Ct. 1951; see also Haynes v. City of Circleville, 474 F.3d 357, 364-65 (6th Cir.2007) (<HOLDING>). Thus, Garcetti and its Sixth Circuit progeny 
 Holding statements: (A) holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern (B) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (C) 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 (D) holding that garcetti barred claims involving speech not necessarily required by the plaintiffs job duties but nevertheless  related to his job duties (E) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected

Answer: holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern


Question: States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). By assenting to settlement in this action, Defendants waived, for example, the right to contest the EPA’s regulatory jurisdiction, which would have been an element of the EPA’s substantive claim. See United States v. Krilich, 209 F.3d 968, 972 (7th Cir.2000) (“[T]he interstate connection, i.e. that the waters involved were ‘waters of the United States,’ is merely an element of the United States’ Clean Water Act case under section 301.”), cert. denied, 531 U.S. 992, 121 S.Ct. 482, 148 L.Ed.2d 455 (2000); see also United States v. Wilson, 133 F.3d 251, 264 (4th Cir.1997) (indicating proof of interstate nexus is an element of criminal liability under CWA); United States v. Ahmad, 101 F.3d 386, 391 (5th Cir.1996) (<HOLDING>). Moreover, a consent decree “is an agreement 
 Holding statements: (A) recognizing that exhaustion is mandatory and jurisdictional (B) recognizing the existence of the special relationship (C) recognizing existence of two tests (D) recognizing the existence of purely jurisdictional elements (E) holding that one of the essential elements of an abuse of process claim is the existence of an ulterior motive

Answer: recognizing that exhaustion is mandatory and jurisdictional


Question: marriage, the wife is still young and able to find suitable employment. The relatively equal distribution of the couple’s limited assets does not create a circumstance requiring permanent alimony.” [C.O.] 580 So.2d at 813-14. Similarly, in Childers v. Childers, 640 So.2d 108, 110 (Fla. 4th DCA 1994), we held an award of permanent alimony is inappropriate where the spouse is young, educated, and comparatively healthy. The duration of marriage being less than 10-years makes this a short term marriage. See Iribar v. Iribar, 510 So.2d 1023, 1024 (Fla. 3d DCA 1987) (10 year marriage is short term). In short term marriages where the partners are still young and able, the presumption is for rehabilitative alimony rather than permanent. Reeves v. Reeves, 821 So.2d 333, 334 (Fla. 5th DCA 2002) (<HOLDING>); Green v. Green, 672 So.2d 49, 51 (Fla. 4th 
 Holding statements: (A) holding that guidelines create a rebuttable presumption (B) recognizing presumption (C) recognizing that  1132g1 creates a presumption in favor of awarding costs and fees to the prevailing party but characterizing that presumption as modest and rebuttable (D) recognizing a rebuttable presumption of reliance in rule 10b5 (E) holding that in case of a short term marriage a presumption against awarding permanent alimony arises but such presumption is rebuttable

Answer:
holding that guidelines create a rebuttable presumption