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.

Input: Consider Input: a "public official," places a great emphasis on two of the elements: (1) the statutory powers and duties of a position, and (2) whether that position exercised sovereign power. See, e.g., Spaulding, 102 Iowa at 649, 72 N.W. at 291 (concluding that the treasurer of the commissioners of pharmacy was not a public officer because the position of treasurer "was a creation of the commission ... and at all times subject absolutely to their control"); McKinley, 228 Iowa at 1189-91, 293 N.W. at 451 (concluding that county engineer was an "official" because he furnished a bond and took an oath of office; but more importantly because several statutes defining the powers and duties of the county engineer delegated certain sovereign powers to that position); Whitney, 232 Iowa at 71, 4 N.W.2d at 398 (<HOLDING>); Hutton, 235 Iowa at 56, 16 N.W.2d at 20
Holding statements: (A) holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment (B) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (C) holding that a schoolteacher elected by the school board was an employee not an official and therefore entitled to benefits under the workers compensation act (D) holding that a schoolteacher elected by the school board was not an official because she was not required to give bond or take an oath none of the statutes impose upon her the exercise of discretion in any way they delegate no sovereign power to her (E) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment

Output: holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment

Input: Consider Input: made in open court. It also serves as a stipulation that no proof by the prosecution need b[e] advanced .... It supplies both evidence and verdict, ending controversy.' " Boykin, 395 U.S. at 243 n. 4, 89 S.Ct. 1709 (quoting Woodard v. State, 42 Ala.App. 552, 171 So.2d 462, 469 (1965)). See also Dingier v. State, 408 So.2d 530, 531 (Ala.1981) (same). In the case at hand, Clark entered into a "good behavior" stipulation that the State could prove a prima facie case of guilt. When Clark failed to comply with the terms of the agreement, he was adjudicated guilty based on his stipulation. During a hearing on Clark's motion for a new trial, the prosecutor described a "goo (Ala.Crim.App.1999), overruled on other grounds, Perkins v. Alabama, 586 U.S. 953, 122 S.Ct. 2653, 153 L.Ed.2d 830 (2002) (<HOLDING>). Because Clark was adjudicated guilty based
Holding statements: (A) holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed (B) holding that the defendants guilty plea was valid where the district court carefully questioned the defendant about whether he understood the consequences of his guilty plea (C) holding that court must decide case on basis of facts admitted unaffected by stipulation made by counsel (D) holding that a defendants guilty plea was unconditional where the guilty plea was not in writing and the government did not consent to it being conditional (E) holding that a defendants strategic stipulation to certain facts of the crime was not the functional equivalent of a guilty plea where the defendants stipulation did not establish guilt

Output: holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed

Input: Consider Input: certain provisions are met. Fla. Stat. 624.155 (1999). Before the adoption of section 624.155, Florida courts refused to recognize a cause of action by an insured against his insurer alleging the insurer, in bad faith, refused to settle his claim; i.e., a "first party" bad faith cause of action. Opperman v. Nationwide Mut. Fire Ins. Co., 515 So.2d 263, 265-67 (Fla.Dist.Ct.App.1987). While "first party" bad faith claims were not permitted, if an insured could allege an independent tort, such as fraud or intentional infliction of emotional distress, he could proceed against the insurer on those claims and receive punitive damages. Greene v. Well Care HMO, Inc., 778 So.2d 1037, 1042 (Fla.Dist.Ct.App.2001); see also Griffith v. Shamrock Village, Inc., 94 So.2d 854, 858 (Fla.1957) (<HOLDING>). GEICO essentially argued during its motion
Holding statements: (A) holding that while punitive damages are normally not recoverable for breach of contract where acts constituting a breach of contract also amount to a cause of action in tort there may be recovery of exemplary damages however the breach must be attended by some intentional wrong insult abuse or gross negligence which amounts to an independent tort (B) holding that there must be a tort distinguishable from or independent of the breach of contract in order for a party to bring a valid claim in tort based on a breach in a contractual relationship (C) holding that generally punitive damages are not available for a breach of contract (D) holding that the failure to act in good faith does not amount to an independent tort the breach of the implied duty under the ucc gives rise only to a cause of action for breach of contract (E) holding that absent an independent tort a plaintiff alleging a breach of contract may only seek to recover the damages flowing from the breach
Output: holding that there must be a tort distinguishable from or independent of the breach of contract in order for a party to bring a valid claim in tort based on a breach in a contractual relationship