TASK DEFINITION: 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.
PROBLEM: (Black, J., concurring)). We are also troubled because, given that there was nothing about the officers' appearance or conduct that revealed that they were engaged in the performance of their duties, Davis lacked fair notice that mere spoken words, which did not disturb the peace, could nonetheless constitute the crime of obstructing the officer's performance of duty. See Cantwell, 310 U.S. at 311, 60 S.Ct. at 906. "It is an elemental requirement of our constitutional jurisprudence that laws be reasonably intelligible, providing citizens with fair notice as to what conduct is legal and what conduct is illegal." Rodney A. Smolla, Smolla and Nimmer on Freedom of Speech 6:13 (1996) (citing Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972) (<HOLDING>)). We reiterate that we recognize the need to
Holding statements: (A) holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion (B) recognizing the medicare statutes broad delegation of authority (C) holding unconstitutional vagrancy statutes that were purposely designed to grant police broad discretion (D) holding unconstitutional ordinance that gave executive director excessive discretion in deciding whether the grant of a permit would be detrimental to the public (E) holding that district courts discretion is extremely broad

SOLUTION: holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion

PROBLEM: employee." Lenoir v. Roll Coater, Inc., 13 F.3d 1130 (7th Cir.1994) citing Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). In this case, the Defendants state that Turner was fired because management honestly believed that Turner had directed threats towards other employees. The testimony of Gibbons, Woodward and Overstreet supports that story. The Court finds that the Defendants' explanation has a reasonable basis in fact. The Court also finds that Turner's alleged conduct, if true, would be sufficient to warrant discharge. There is no question that if the Defendants honestly believed that Turner actually made threats of violence, that Turner could be rightfully discharged. See Lenoir v. Roll Coater, 13 F.3d 1130, 1133 (7th Cir.1994) (<HOLDING>). 3. Pretext. Because the Defendants'
Holding statements: (A) holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made (B) holding that if management honestly believed that the plaintiff employee possessed a weapon wielded at coworkers and made menacing comments then management had a reasonable explanation for discharging the plaintiff employee (C) holding that an employee could not establish pretext when the employer in good faith believed that the employee engaged in misconduct regardless whether the employee in fact engaged in the misconduct (D) holding that a partner in and accounting firm who brought an action under the age discrimination in employment act adea and the employee retirement income security act erisa was considered an employee because he was subject to the control of a management committee which acted in secrecy and had no bona fide ownership interest fiduciary relationship voting right or management control (E) holding that a plaintiff must comply with the notice of claim requirements in order to maintain an action against a government employee even if the plaintiff claims that the employee acted with fraud or malice

SOLUTION: holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made

PROBLEM: to the jury that an enterprise "must have a structure for making decisions." It then instructed the jury that"[t]he structure must provide a mechanism for controlling and directing the affairs of the entity on an ongoing continuous basis, rather than an ad hoc basis." (emphasis added). The district court did not further define the term "ad hoc." "In reviewing jury instructions, the relevant inquiry is whether the instructions as a whole are misleading or inadequate to guide the jury's deliberation." Shryock, 342 F.3d at 986 (citation omitted). Appellants do not claim that the instruction as a whole is misleading or inadequate, a wise course since the language of the instruction is virtually identical to that set forth by this court in Chang v. Chen, 80 F.3d 1293, 1299 (9th Cir.1996) (<HOLDING>). Appellants are therefore left to argue that
Holding statements: (A) holding that an enterprise under rico need not have a businesslike structure and can have a rather informal organization (B) holding that to constitute an enterprise under rico the enterprises structure must provide some mechanism for controlling and directing the affairs of the group on an ongoing rather than an ad hoc basis (C) holding that in order to plead adequate rico complaint plaintiff must allege that defendant had some part in the direction of the alleged enterprises affairs (D) holding that defendant who was associated with the enterprise and engaged in a pattern of racketeering activity when he repeatedly violated the antifraud provisions of the securities laws was not liable under 1962c because he had no part in directing the enterprises affairs (E) holding that cases claiming that government action requires just compensation must be determined on an ad hoc basis

SOLUTION:
holding that an enterprise under rico need not have a businesslike structure and can have a rather informal organization