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.

Ex Input:
the only issues to be determined by the reviewing court were whether the Commission acted within the scope of its authority and whether the order complained of is reasonable and not arbitrarily made. See, In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002); In re Application of E. Neb. Non-stock Trucking Coop, 243 Neb. 662, 501 N.W.2d 712 (1993). The district court should have addressed those issues in this case. We do so here. The fact that 75-110 gives the Commission authority to adopt and promulgate rules and regulations which it "deems necessary to regulate persons within the commission's jurisdiction" does not require the Commission to exercise such authority in any given instance. See In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002) (<HOLDING>). Under 84-907.08, the Commission could
Holding statements: (A) holding some competitive rules clearly related to ratemaking power and thus within commissions constitutional authority to promulgate (B) recognizing the inherent common law authority of courts to promulgate rules of practice and procedure (C) holding statutory authority of commission to promulgate rules to interpret law does not impose affirmative rulemaking requirement (D) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (E) recognizing that commission is not bound by statutory or common law rules of evidence

Ex Output:
holding some competitive rules clearly related to ratemaking power and thus within commissions constitutional authority to promulgate

Ex Input:
in nature and may be waived if not timely raised. Section 1445(c) applies to prohibit the removal of a civil action arising under the workmen's compensation laws of a state. It does not prohibit federal district court's from exercising supplemental jurisdiction under 1367. The state worker compensation statutes themselves may affect the court's jurisdiction by requiring claims to be filed with an administrative agency. However, such is not the case for claims of retaliatory discharge for exercising rights under Michigan's WDCA. As noted above, the expeditious and inexpensive procedures found in Michigan's WDCA are not utilized when an employee alleges retaliatory discharge. Such a claim is treated like any other tort and can be filed in state court. See Delke, 460 N.W.2d at 327-28 (<HOLDING>); see also Lamoria, 584 N.W.2d at 600; Chiles
Holding statements: (A) recognizing the tort of retaliatory discharge (B) holding the retaliation claim did arise under states workers compensation laws (C) recognizing retaliatory discharge tort implied by the workers compensation act (D) holding that retaliation claim did not arise under states workers compensation laws (E) holding that the bureau of workers disability compensation did not have jurisdiction to hear retaliation claims and explaining that the michigan legislatures intent was not to create an administrative remedy for retaliatory discharge

Ex Output:
recognizing the tort of retaliatory discharge

Ex Input:
possession" instruction. Moreover, the trial court's instructions defining "knowingly" and "possession" adequately and accurately explained the level of conscious control over the firearm and the ammunition required under the law. For these reasons, the district court did not abuse its discretion in refusing to instruct the jury regarding a "temporary innocent possession" defense to the possession of a firearm. B. Conduct of Trial Judge We review a district judge's conduct during trial for an abuse of discretion as well. See United States v. Verbitskaya, 406 F.3d 1324, 1337 (11th Cir.2005) (citing United States v. Cox, uld not apply to the cases that have been presented to them, based on the facts as developed at trial. See United States v. Williams, 389 F.3d 402, 405 (2d Cir.2004) (<HOLDING>); United States v. Paul, 110 F.3d 869, 872 (2d
Holding statements: (A) holding that the defendants possession of the firearm was not so fleeting as to warrant an instruction on temporary innocent possession (B) holding that possession was not so fleeting as to extend the statute beyond its arguable limits (C) holding that trial court acted properly in refusing to give jury instruction on fleeting possession theory (D) recognizing innocent possession defense to a charge of criminal weapons possession (E) holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense

Ex Output:
holding that possession was not so fleeting as to extend the statute beyond its arguable limits