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.

Ex Input:
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

Ex Output:
(B)

Ex Input:
F.2d 448, 451 (1st Cir.1975). Anderson's condition at the time of the statement was described as excited, nervous and scared, and he appeared as if "he did not know what to do." Moreover, his statement directly related to an exciting event, the shooting. Thus, based on the evidence and circumstances known at the time of its ruling, the trial court could have reasonably concluded that the exciting event witnessed by Anderson was the shooting itself. Accordingly, to the extent the trial court based its ruling on the fact that Anderson personally perceived the shooting, we find no abuse of discretion. We further note that the startling occurrence that triggers the excited utterance need not necessarily be the crime itself. See Salazar v. State, 38 S.W.3d 141, 154-55 (Tex.Crim.App.2001) (<HOLDING>); Couchman v. State, 3 S.W.3d 155, 159
Holding statements: (A) holding trial court could have found startling event or condition was declarants sustaining an injury or the pain she later experienced (B) holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence (C) holding that a lower court properly admitted a fouryear olds hearsay statement although she made it 1215 hours after the startling event (D) holding that statement must be product of a startling event (E) holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective

Ex Output:
(A)

Ex Input:
has made good faith efforts to repay the loan; (3) whether the Debtor filed for bankruptcy for the sole reason of discharging student loan debt; (4) whether additional facts and circumstances such as a medical condition, employability and the like weigh in favor of a hardship discharge. Anelli, 262 B.R. at 8. This Court added: In considering these and other factors, the Court acknowledges that the First Circuit has suggested, though in dictum, that the "hardship alleged ... must be undue and attributable to truly exceptional circumstances, such as illness or the existence of an unusually large number of dependents." TI Federal Credit Union v. DelBonis, 72 F.3d 921, 927 (1st Cir.1995); see also Lohman v. Connecticut Student Loan Found. (In re Lohman), 79 B.R. 576, 581 (Bankr.D.Vt.1987) (<HOLDING>). At the same time, the Court must balance the
Holding statements: (A) holding in the absence of exceptional circumstances deference should be given to trial court (B) holding that where the board of immigration is permitted to reopen proceedings in exceptional circumstances its decision not to reopen a case is unreviewable because there are no statutory regulatory or caselaw definitions of exceptional circumstances and thus no manageable standard to apply on review (C) recognizing that this special circumstances exception is very narrowly limited and that only on rare occasions does a case present such circumstances (D) holding that such a threat would not supply exceptional circumstances (E) holding hardship is discovered in the rare case based on exceptional circumstances

Ex Output:
(E)