TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: 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

PROBLEM: (Black, J., concurring)). We are also troubled because, given that there was nothing about the officers’ appearance or conduct that revealed that they were engaged in the performance of their duties, Davis lacked fair notice that mere spoken words, which did not disturb the peace, could nonetheless constitute the crime of obstructing the officer’s performance of duty. See Cantwell, 310 U.S. at 311, 60 S.Ct. at 906. “It is an elemental requirement of our constitutional jurisprudence that laws be reasonably intelligible, providing citizens with fair notice as to what conduct is legal and what conduct is illegal.” Rodney A. Smolla, Smolla and Nimmer on Freedom of Speech § 6:13 (1996) (citing Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972) (<HOLDING>)). We reiterate that we recognize the need to 
 Holding statements: (A) holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion (B) recognizing the medicare statutes broad delegation of authority (C) holding unconstitutional vagrancy statutes that were purposely designed to grant police broad discretion (D) holding unconstitutional ordinance that gave executive director excessive discretion in deciding whether the grant of a permit would be detrimental to the public (E) holding that district courts discretion is extremely broad

SOLUTION: holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion

PROBLEM: physiological, or euphoric effect in a human being, Judge Town impliedly rejected Oughterson’s argument that twelve milligrams of cocaine residue constituted an un-useable amount in concluding, to the contrary, that it was “a substantial amount.” Reviewing Viernes before entering his written order, Judge Town further impliedly determined that Viernes did not alter his conclusion that Oughterson’s possession of twelve milligrams of cocaine residue did not constitute a de minimis infraction. Thus, inasmuch as the parties’ arguments tracked the considerations at issue in Viernes and the record clearly reflects that Judge Town considered Viernes before entering his order denying Oughterson’s motion to dismiss, Viernes could not provide Oughterson with a basis 6, 590-92 (1974) (<HOLDING>). Moreover, as we noted on the record presented 
 Holding statements: (A) holding that trial court did not abuse its discretion in denying defendants motion to dismiss on de minimis grounds where his expert witness testimony was inadmissible (B) holding in part that the trial court abused its discretion in granting a temporary injunction in the absence of a showing that the plaintiff did not have an adequate remedy at law (C) holding that trial court abused its discretion in denying defendants de minimis motion because defendant established that his conduct in connection with benevolently assisting a runaway did not alter the custodial relationship with which prosecution accused him of interfering (D) holding that where there is evidence sufficient to sustain finding of trial court that prejudicial error was contained in record there is no basis for stating that trial court abused discretion in granting new trial (E) holding that trial court abused its discretion in granting defendants de minimis motion because there was no evidence showing that their conduct was in fact an innocent technical infraction not actually causing or threatening any harm or evil sought to be prevented by the statute that they were accused of violating

SOLUTION:
holding that trial court did not abuse its discretion in denying defendants motion to dismiss on de minimis grounds where his expert witness testimony was inadmissible