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: 26-7A, 26-8A, and 26-8C or of Title 27A shall control, and the provisions of this chapter are in all respects to be supplementary thereto. (emphasis added). Thus, where allegations of abuse and neglect serve as the grounds for the guardianship petition, as was the case here, the statutory provisions specifically relating to abuse and neglect proceedings, as well as the provisions relating to juvenile court, must control. See Martinmaas, 2000 SD 85 at ¶ 49, 612 N.W.2d at 611. [¶ 10.] Adjudication of abuse or neglect is done in juvenile court pursuant to SDCL chapters 26-7A and 26-8A. SDCL 26-7A-2 provides for exclusive juri ’s interest, as parens patriae, in protecting the welfare of the child. SDCL 26-8A-1. See also Matter of N.J.W., N.G.B., and K.F.B., 273 N.W.2d 134, 137 (S.D.1978) (<HOLDING>). The State is the only party that may seek to 
 Holding statements: (A) holding care custody and control of children is a fundamental right (B) holding state as parens patriae takes strong interest in care and treatment of children within its borders (C) recognizing parents fundamental liberty interest in the care custody and management of their children (D) holding that missouri has interest in providing a forum for victims injured as a result of activities conducted within its borders (E) recognizing that with respect to regulating or affecting conduct within its borders the place of the wrong has the predominant interest

Answer: (B)


Question: Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed “plain.” c. Did the plain error affect Thomas’s substantial rights? An error affects a defendant’s “substantial rights” if it is “prejudicial” and it “affected the outcome of the district court proceedings.” Gore, 154 F.3d at 47. “Though ‘prejudice’ is also required to show that an error is not ‘harmless,’ pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that ‘[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65, 
 Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error

Answer: (D)


Question: entrapment.” Here also, this decision charts a different course from almost all of the circuits and deviates from the course previously set by our decisions. This circuit, along with every other circuit except the Second, has steadfastly held that there is no defense of private entrapment. See United States v. Mahkimetas, 991 F.2d 379, 386 (7th Cir.1993); United States v. Jones, 950 F.2d 1309, 1315 (7th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1700, 118 L.Ed.2d 410 (1992); United States v. Manzella, 791 F.2d 1263, 1269 (7th Cir.1986). Even the Second Circuit’s decision in United States v. Valencia, 645 F.2d 1158, 1168-69 & n. 10 (2d Cir.1980), has been placed in doubt by the subsequent caselaw of that circuit. See United States v. Pilarinos, 864 F.2d 253, 256 (2d Cir.1988) (<HOLDING>); United States v. Toner, 728 F.2d 115, 126-27 
 Holding statements: (A) holding that firstdegree murder is one crime although the defendant can commit the crime in several ways (B) holding no derivative entrapment where middleman was induced by a government agent to commit crime responding to pressure takes it upon himself to induce another to participate in crime (C) recognizing that entrapment is a statutory defense rooted in the notion that congress could not have intended to criminally punish those who commit elements of crime but are induced by the government to commit the acts and that outrageous conduct defense is rooted in constitutional law (D) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (E) holding an inducement to commit a crime by a private party who has no government involvement does not establish an entrapment defense

Answer:
(B)