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. 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.
PROBLEM: that she disapproved of what she reasonably believed to be unlawful retaliation. B. Form and Context To the extent that Thomas' conduct was expressive, the message was communicated to her immediate supervisor, Miller, and other court employees. She did not, however, attempt to inform the general public about the allegedly retaliatory practices. That Thomas chose to convey her views privately rather than publicly is not determinative of whether her expression is entitled to protection. See Givhan v. W. Line Consol. Sch. Dist., 439 U.S. 410, 415-16, 99 S.Ct. 693, 58 L.Ed.2d 619 (1979). Because content is the most important factor, we have concluded that speech about a matter of public concern may be protected even when made in a private context. See, e.g., Ceballos, 361 F.3d at 1174 (<HOLDING>); Ulrich, 308 F.3d at 979 ("[T]he public
Holding statements: (A) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected (B) holding that a written offer accepted by parol may constitute a sufficient memorandum of the contract provided the person making the offer is the party to be charged (C) holding that a memorandum given to the employees supervisors was protected speech when the memorandum alleged criminal wrongdo ing (D) holding that after the district court determined that the plaintiffs speech was protected the court was required to inform the jury of its ruling that knapps speech was constitutionally protected (E) holding the separate document rule violated when the alleged judgment was included with the memorandum and order of the court

SOLUTION: (C)

PROBLEM: automobiles are likewise per se reasonable given probable cause, then by the same logic any search or seizure could be carried out without a warrant, and we would simply have read the Fourth Amendment out of the Constitution"). The Court cannot allow law enforcement to emasculate well settled constitutional protections in order to cure their own mistake. 9 . The Court notes that the Supreme Court has implied that exigent circumstances are never necessary to justify a warrantless search, but has never expressly stated such a conclusion without first noting that the vehicle in question was somehow readily mobile. See Search And Seizure, supra at 477-81, 91 S.Ct. 2022. As a result, lower courts have split when interpreting its meaning. See United States v. Reed, 26 F.3d 523 (5th Cir.1994) (<HOLDING>); United States v. Reis, 906 F.2d 284 (7th
Holding statements: (A) recognizing that among the circumstances accepted as providing exigent circumstances for a warrantless search are those where a true emergency exists (B) holding that officers cannot base a warrantless search on an exigent circumstance of their own creation (C) holding that the searehincidenttoalawfularrest rule does not apply to a warrantless search that provides the probable cause for the subsequent arrest because one cannot justify the arrest by the search and then simultaneously justify the search by the arrest (D) holding that camey notwithstanding the fact that a car is moveable alone is not sufficiently exigent circumstances to justify a warrantless search (E) holding that parole status alone is insufficient to justify search of a parolee

SOLUTION: (D)

PROBLEM: if it: (1) "legislatively determines guilt and inflicts punishment," (2) "upon an identifiable individual," and (3) "without provision of the protections of a judicial trial"). The enabling act establishing the Board and its duties does not meet these criteria. 2. The district court properly dismissed Read's claims against Administrative Law Judge Gutman on the basis of judicial immunity. Read failed to a the Oregon Medical Board was not error. The district court properly applied Butz v. Economou, 438 U.S. 478, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978), and Mishler v. Clift, 191 F.3d 998 (9th Cir. 1999), in determining that the Board members' functions were sufficiently analogous to those of a judge or prosecutor. See Olsen v. Idaho State Bd. of Med., 363 F.3d 916, 922-29 (9th Cir. 2004) (<HOLDING>); see also Mishler, 191 F.3d at 1009
Holding statements: (A) recognizing absolute immunity for attorneys and board members of the texas medical board (B) holding that members of idaho state board of medicine their staff and their counsel were entitled to absolute immunity under butz and mishler (C) holding that the nevada state board of medical examiners and its members are functionally comparable to judges and prosecutors and are entitled to absolute immunity for their quasijudicial acts (D) holding that while a witness and prosecutor were protected by absolute immunity for their participation in judicial proceedings they were not entitled to absolute immunity on a 1983 claim that they conspired to present false testimony (E) recognizing absolute immunity for board members and the director of the mississippi state board of nursing

SOLUTION:
(B)