instruction:
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:
rule may be outdated, we have also recognized that “it is uniquely a province of the legislature to change it.” Reiter v. Yellowstone County (1981), Mont., 627 P.2d 845, 849, 38 St.Rep. 686, 690. In Reiter, we noted that because of the operation of section 39-2-503, MCA, the at-will employee was not employed on a “discharge for cause only” basis. We stated, “assuming arguendo that appellant had an implied contract with an implied covenant of good faith, the employer did not act in bad faith because its conduct was statutorily permissible.” 627 P.2d at 849-850, 38 St.Rep. at 690. In other words, under section 39-2-503, MCA, an employer or employee could terminate employment for any or all reasons, provided the reasons or manner of termination did not 7), 373 Mass. 96, 364 N.E.2d 1251 (<HOLDING>); and Monge v. Beebe Rubber Co. (1974), 114 
 Holding statements: (A) recognizing a contract action when employee terminated in order not to receive earned bonuses or commissions (B) holding employee not terminated in bad faith because no evidence suggested that employer discharged employee in order to retain em ployees previously earned sales commissions (C) recognizing contract action and limiting damages to those for breach of contract when employee terminated for refusal to date foreman (D) holding um did not act under color of state law when it terminated an employee (E) recognizing a tort action for wrongful discharge when employee was terminated because he refused to commit a criminal act
answer:
holding employee not terminated in bad faith because no evidence suggested that employer discharged employee in order to retain em ployees previously earned sales commissions


question:
State, after expressing its clear and accurate understanding of the ... issue ..., deliberately steer[s] the District Court away from the question and towards the merits of [the] petition.” Wood v. Milyard, — U.S.-, 132 S.Ct. 1826, 1835, 182 L.Ed.2d 733 (2012) (internal citation omitted). In Wood, the state had assured the district court that it was “not challenging, but d[id] not concede, the timeliness of the petition.” Id. at 1830. As in Wood, the state’s words and conduct cannot be described as an inadvertent mistake or forfeiture of the exhaustion defense, as was the case in Day, but instead they clearly evidence an express intention to waive the exhaustion requirement. As the First Circuit said, “[t]hat was game, set, and match.” Pike v. Guarino, 492 F.3d 61, 71-72 (1st Cir.2007) (<HOLDING>). Other circuits have also held this type of 
 Holding statements: (A) holding that a deposition that was not presented to the trial court could not be considered on appeal (B) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (C) holding that a waived issue ordinarily cannot be resurrected on appeal whereas a forfeited issue may be reviewed for plain error (D) holding statement that  petitioner is correct in her assertion that the claims presented  have been exhausted  was unmistakably clear and could not be resurrected on appeal alteration in original (E) holding that complaint on appeal must be the same as that presented in the trial court
answer:
holding that a deposition that was not presented to the trial court could not be considered on appeal


question:
doubt that Petitioner participated in both the Caldwell and Zales Robberies. Thus, the consolidation of the two robberies into one trial did not prejudice Petitioner with respect to either conviction. 37 . 12/6/95 N.T. at 56. 38 . Although the trial court's instruction removing the elements of the crime from the purview of the jury was incorrect, the error was harmless. The uncontested evidence demonstrated beyond a reasonable doubt that the robberies involved the theft of jewelry, and that the jewelry stores had received their inventories from out of state. As such, no reasonable juror could have found that the jewelry stolen was not personal property or that the robberies did not impact interstate commerce. See United States v. McLaughlin, 386 F.3d 547, 553-55 (3d Cir.2004) (<HOLDING>); see also Neder, 527 U.S. at 15, 119 S.Ct. 
 Holding statements: (A) holding that harmless error review applied when the trial court instructed the jury that the materiality element of counts for perjury and failure to disclose a material fact had been satisfied as a matter of law (B) holding that failure to instruct on an essential element was harmless error because the element was so clearly established (C) holding that failure to submit an element of the offense to the jury is subject to harmless error analysis (D) recognizing that trial courts failure to instruct jury on element of offense is harmless when existence of element is uncontested and supported by overwhelming evidence (E) holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury
answer:

holding that failure to instruct on an essential element was harmless error because the element was so clearly established