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:
Dubuque's "irrevocable" decision to relocate was not a vote to categorically refuse Dubuque's overtures, but a vote to insist on financial disclosure as a prelude to bargaining. The Board's finding that good-faith bargaining between Dubuque and the UFCW might not have been futile was substantially supported by the record. 3. Retroactivity Finally, Dubuque argues that the Board erred by "retroactively" employing its new test in this case. Again, we disagree. Our formulation of the standard for evaluating challenges to the retroactive application of a ruling from an agency adjudication has varied. Compare Retail, Wholesale & Dep't Store Union v. NLRB, 466 F.2d 380, 390 (D.C.Cir.1972) (applying a five-factor test) with Consolidated Freightways v. NLRB, 892 F.2d 1052, 1058 (D.C.Cir.1989) (<HOLDING>) (internal quotation marks omitted) with
Holding statements: (A) holding no retroactive application (B) recognizing a general principle that retroactive application of rules is permitted absent any manifest injustice (C) holding retroactive application (D) recognizing principle (E) holding that retroactive application of amendments will not result in manifest injustice
answer:
(B)

question:
give several reasons for their decision to terminate the plaintiff; namely, that he was over-extended, refused to delegate work, failed to share information, had poor people management skills, and treated 010 employees in an abusive manner. As the "proverbial straw that broke the camel's back," defendants also point to, and plaintiff concedes, his use of profanities and abusive language during the phone conversation with Clark. (Doc. 41 at 25.) Defendants were concerned that plaintiffs behavior would result in a lawsuit by Clark or potentially lawsuits by other employees. An employee's inappropriate behavior toward other employees is a legitimate business reason for termination in the context of a close corporation. See Priebe v. O'Malley, 89 Ohio App.3d 8, 12, 623 N.E.2d 573 (1993) (<HOLDING>). The record demonstrates that defendants acted
Holding statements: (A) holding that unless a shareholder can show personal cause of action and personal injury claims for fraud and breach of fiduciary duty belong to the corporation and not the shareholder (B) holding that shareholder could not prevail on breachoffiduciaryduty claim against other shareholder because alleged mishandling of funds did not result in any injury to the corporation (C) holding that majority shareholders had legitimate business reasons for terminating a shareholder which included the reason that the shareholder was not working well with other employees (D) holding that sole shareholder could recover on behalf of company but not in individual capacity for former shareholder and officers misappropriation of corporate assets (E) holding that corporate officer and majority shareholder could be held liable for acting in a manner that served his interests at the expense of the other shareholders because his interests and the corporations were not necessarily aligned
answer:
(C)

question:
v. Eggleston, 202 Ariz. 523, 527, 16, 47 P.3d 1161, 1165 (App.2002). Second, a statute should be construed in conjunction with other statutes that relate to the same subject or purpose, giving effect to all statutes involved. Id. Third, in furtherance of such harmonization, courts should review the history of the various sections in order to ascertain the intent of the legislature and thereby construe the statutes to further that intent. State v. Thomason, 162 Ariz. 363, 366, 783 P.2d 809, 812 (App.1989). After reviewing the history of the relevant statutory scheme, we conclude that the legislature never intended that the acquisition of land for park purposes be subject to the public auction requirement. See State v. Cornish, 192 Ariz. 533, 537, 16, 968 P.2d 606, 610 (App.1998) (<HOLDING>). 12 As part of its comprehensive statutory
Holding statements: (A) recognizing that courts should look to other sources of legislative intent if the statutory language does not convey a clear meaning (B) holding that federal courts should apply state substantive law (C) holding that determining legislative intent is a question of law (D) holding courts should apply statutory constructions that make practical sense and do not frustrate legislative intent (E) holding that courts should avoid constructions that would render statutory text superfluous
answer:
(D)