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.
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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: irrelevant, a respondent's awareness that his conduct will violate an ethical proscription is not itself material."). Simply because an attorney's conduct is intentional or dishonest does not by itself establish a dishonest or selfish motive. See In re Alcorn, 202 Ariz. 62, 74, 42, 41 P.3d 600, 612 (2002) (respondent violated his ethical duty of candor toward the tribunal, but selfish motive was not an aggravating factor). 43 In the past, we have held that dishonest or selfish motive is an aggravating factor when an attorney received some financial gain or made misrepresentations to cover his or her negligence. These previous holdings of dishonest or selfish motive involved private attorneys, not public sector lawyers. See, e.g., Arrick, 180 Ariz. at 143, 882 P.2d at 950 (<HOLDING>); Shannon, 179 Ariz. at 69, 876 P.2d at 565
Holding statements: (A) holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person (B) holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client (C) holding that lawyer who made deliberate misrepresentations to his client to conceal his negligence and improperly retained a fee from that client had a dishonest or selfish motive (D) holding that an attorneys filing a notice of appearance on behalf of his or her client constitute a waiver of service of process by the client (E) holding client is not liable for actions of attorney who misled client as to the status of case

Answer: (C)

Question: Gilpin, Jr., her grandson. Ms. Thornton then sued for declaratory and other relief. In the summary judgment under review, the trial court found that Mr. Clemons intended the deed to convey a life estate to himself and his wife, as tenants by the entireties, with, upon the death of the survivor of them, the remainder over to Joyce M. Thornton. This construction takes into account the language of the deed as a whole, and is the only plausible reading of the instrument considered in its entirety. See Bronstein v. Bronstein, 83 So.2d 699, 701 (Fla.1955) ("[I]f a contrary intention does appear in the deed then the fee simple character of the title conveyed is limited and controlled by the expressed contrary intention of the grantor."); Sanderson v. Sanderson, 70 So.2d 364, 366 (Fla.1954) (<HOLDING>); Loveland v. CSX Transp., Inc., 622 So.2d
Holding statements: (A) holding that construction that neutralizes any provision of a contract should not be adopted if the contract can be construed to give effect to all provisions (B) holding courts may not consider any single provision taken in isolation as controlling but must consider all provisions in context of entire instrument (C) holding that in construing an instrument any apparently conflicting expressions should be reconciled if possible so as to give full effect to all provisions contained in the instrument (D) holding that statutes must be read so as to give effect to all statutory language (E) holding that contracts should be interpreted to give effect to all provisions

Answer:
(C)