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. 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.
question:
failed to ' pay Tomlin at the time-and-a-half rate for the hours he worked in excess of forty per week. In the event of such a failure, we instruct the ALC to determine the rate of compensation to which Tomlin was entitled, the number of overtime hours that were underpaid, and the amount the Department owes Tomlin for his labor. II. Remaining Issues With regard to Tomlin’s remaining issues, we affirm based upon the following authorities: 1. As to the circuit court’s remand to the ALC for determination of the prevailing wage: Condor, Inc. v. Bd. of Zoning Appeals, City of N. Charleston, 328 S.C. 173, 178, 493 S.E.2d 342, 344 (1997) (preventing an appellant from arguing on appeal an issue conceded in the trial court); Bowman v. Bowman, 357 S.C. 146, 160, 591 S.E.2d 654, 661 (Ct.App.2004) (<HOLDING>). 2. As to whether Tomlin was an employee of 
 Holding statements: (A) holding that even when the issue is constitutional in nature an argument is not preserved on appeal unless the appellant raised and made the argument at trial and obtained a ruling on it nor will a particular theory be addressed on appeal if it was not presented below (B) holding a party cannot seek and receive a particular result at trial and then challenge it on appeal (C) holding that defendant must object at trial to preserve as applied challenge for appeal (D) holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court (E) holding that claims based on grounds not objected to at trial cannot be considered on appeal
answer:
(B)


question:
a court must construe the complaint in the light most favorable to the plaintiff, id., and “the court must assume the truth of all well-pleaded allegations.” Warren v. Dist. of Columbia, 353 F.3d 36, 39 (D.C.Cir.2004). 1. Equal protection “Unless a classification ... is drawn upon inherently suspect distinctions such as race, religion, or alienage,” statutory distinctions are presumed constitutional, and will survive a challenge if the classification is “rationally related to a legitimate state interest.” City of New Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976). Although not every non-suspect legislative classification passes muster under rational basis review, see, e.g., Metro. Life Ins. Co. v. Ward, 470 U.S. 869, 882, 105 S.Ct. 1676, 84 L.Ed.2d 751 (1985) (<HOLDING>), “the judiciary may not sit as a 
 Holding statements: (A) holding that property tax was a state tax and was thus disproportionate unreasonable and unfair because of discrepancies in tax rates of up to 400 between school districts (B) holding that the tax was indirect even though the recipient could not shift the tax to others (C) holding that a preferential state tax rate for domestic businesses violated the equal protection clause because the states justifications  that the tax promoted domestic industry and encouraged investment in domestic assets  were not legitimate government interests since if they were any discriminatory tax would be valid if the state could show it reasonably was intended to benefit domestic business (D) holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety (E) holding that if federal income tax statutes are intended to benefit anyone it is the federal government to whom the withheld tax is to be remitted there is no indication anywhere in the language of the statutes that congress intended to confer rights on employees with respect to the withholding of tax
answer:
(C)


question:
are deemed removable because they were convicted of two crimes involving moral turpitude. See INA § 242(a)(2)(C) [8 U.S.C. § 1252(a)(2)(C) ] (precluding jurisdiction where alien is removable pursuant to § 237(a)(2)(A)(ii)). In addition, we lack jurisdiction to review purely discretionary decisions, see INA § 242(a)(2)(B)(ii) [8 U.S.C. § 1252(a)(2)(B)(ii) ], such as the “manner in which the BIA balanced the various positive and negative factors which typically inform the exercise of its discretion under” INA § 240A. Cruz-Camey v. Gonzales, 504 F.3d 28, 29 (1st Cir.2007). Despite these jurisdiction-stripping provisions, we may review “constitutional claims and questions of law presented in petitions for review of fin scretion. See Paredes v. Att’y Gen., 528 F.3d 196, 198-99 (3d Cir.2008) (<HOLDING>). For the foregoing reasons, we will grant the 
 Holding statements: (A) holding that all convictions remain valid for immigration purposes (B) holding that the oneyear statute of limitations was not tolled during the pendency of petition for certiorari to the united states supreme court seeking review of denial of state postconviction relief (C) holding pendency of postconviction judicial proceedings relevant to immunity determination (D) holding that regulations that permitted an immigration official to reinstate removal orders violated the immigration and nationality act (E) holding that the pendency of postconviction motion does not negate the finality of convictions for immigration removal purposes
answer:

(E)