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: completed his nine month term of incarceration and was released from custody on Jply 28, 2017. Any challenge to the procedural or substantive reasonableness of his term' of confinement is thus moot. See United States v. Probber, 170 F.3d 345, 347-49 (2d Cir. 1999) (dismissing as moot an appeal from a judgment revoking supervised release where defendant had already completed his term of confinement). However, because defendant would still be entitled to a reduction of his term of supervised release if the court were to find such a reduction appropriate, we will analyze whether, as defendant claims, the supervised release component of the District Court's sentence was either procedurally or substantively unreasonable. See United States v. Mazza Alaluf, 621 F.3d 205, 213 (2d Cir. 2010) (<HOLDING>). Defendant contends that the District Court
Holding statements: (A) holding substantive reasonableness sentencing challenge to be moot when defendant had completed prison sentence but addressing challenge to supervised release conditions (B) holding that where trial court did not inform defendant of supervised release term during plea colloquy but did advise defendant of term in presentence report and at sentencing defendants sentence stands (C) holding that a statute requiring a threeyear term of supervised release did not eviscerate the district courts discretion to adjust the term of supervised release pursuant to 3583e (D) holding that a completed term of confinement did not render a challenge to the reasonableness of a sentence moot where defendant could receive a reduced term of supervised release (E) holding defendant convicted under 841b1a may receive lifetime term of supervised release

Answer: (D)

Question: claims, specifically, those tort claims that are intertwined with ecclesiastical investigations or proceedings involving the employment or discipline of clergy. As demonstrated above, the plaintiffs' tort claims are intertwined with ecclesiastical investigations and proceedings involving the employment and discipline of Reverend Greer. Therefore, the plaintiffs' tort claims would trigger the same type of impermissible investigation prohibited by Ex parte Bole, regardless of the plaintiffs' third-party status. Because the petitioners have demonstrated that the First Amendment protections set out in Ex parte Bole are applicable to this case, I would grant the relief requested in the petition for the writ of mandamus. Accordingly, I respectfully dissent. 1 . inn.Ct.App. Sept. 22, 1997) (<HOLDING>); Missouri: Gibson v. Brewer, 952 S.W.2d 239,
Holding statements: (A) holding that first amendment barred parishioners negligent hiring and supervision and breach of fiduciary duty claims against pastor and church for sexual contact that occurred between pastor and parishioner during the course of a counseling relationship (B) holding that first amendment barred child victim of sexual abuse by priest from bringing negligent hiring and supervision claims but that first amendment would not be violated by adjudication of claim of intentional failure to supervise priest (C) holding that first amendment barred negligent hiring and supervision claim against archdiocese for alleged sexual abuse of minor by priest (D) recognizing torts of negligent hiring supervision and retention (E) holding that negligent retention and supervision claims based upon a pastors sexual contact with parishioners was barred by the first amendment

Answer:
(E)