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.

Anderson claims that the trial court findings do not justify the decision to “increase” his child support on August 1, 1987. In other words, appellant construes the trial court’s 1987 decision as a modification downward to $250 followed by a modification upward to $400. This is a misconstruction of the trial court’s order. As the majority opinion indicates, the court did not make an upward modification. It does not follow, however, that the trial court could act without making findings on appellant’s ability to pay child support. Without findings on appellant’s ability to pay, or another indication that the trial court considered the facts as to appellant’s ability to pay, the law commands us to remand the case rather than to affirm. Moylan v. Moylan, 384 N.W.2d 859, 864-65 (Minn.1986) (<HOLDING>). The dictates of Moylan should be applied. The 
 Holding statements: (A) holding trial court has jurisdiction to reconsider new trial order as long as case is pending (B) holding that the supreme courts proper scope of review of a trial courts decision in a trial de novo of an assessment matter is whether the decision of the trial court was clearly erroneous (C) holding that a defendants attorney can waive the defendants sixth amendment confrontation right so long as the defendant does not dissent from his attorneys decision and so long as it can be said that the attorneys decision was a legitimate trial tactic or part of a prudent trial strategy (D) holding that it was improper for the trial court to instruct the jury that it could not consider the states failure to videotape the defendant (E) holding it improper to independently review the record to find support for a trial courts decision so long as it is unclear whether the trial court considered statutory factors
(E)

Inc., 575 F.2d 62, 66 (3d Cir.1978); Novelty Textile Mills v. Joan Fabrics Corp., 558 F.2d 1090, 1093 n. 3 (2d Cir.1977). 7 .The rationale for this rule, as Judge Aldrich stated, is that "to permit copyrighting [in that case] would mean that a party or parties, by copyrighting a mere handful of forms [of expression], could exhaust all possibilities of future use of the substance ... [and thus] the subject matter would be appropriated by permitting the copyrighting of its expression. We cannot recognize copyright as a game of chess in which the public can be checkmated.” Morrissey v. Procter & Gamble Co., 379 F.2d 675, 678-79 (1st Cir.1967). 8 . As an example of where dissection was improperly used, see Apple Barrel Productions Inc. v. Beard, 730 F.2d 384, 387-88 (5th Cir.1984) (<HOLDING>). 9 .For example, the court may find that the 
 Holding statements: (A) holding that consideration supports the agreement as a whole (B) holding that the district court erred when it failed to consider the presumption of irreparable harm (C) holding district court erroneously failed to consider copyrighted show as a whole (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding appellate courts must consider the trial courts jury charge as a whole
(C)

standard, but simply noted that the impact on Middletown’s contractual obligations was sufficient adverse effect on a legal interest for purposes of satisfying one of the R.C. 707.09 injunction requirements. McGee also emphasized Ohio’s policy of encouraging annexation and the “heavy burden” on parties seeking an injunction. 39 Ohio St.3d at 285, 530 N.E.2d at 903. And notably, the court distinguished between pleading “standing” under R.C. 709.07(A) and the legal requirements which must be satisfied for an injunction under R.C. 709.07(D). 39 Ohio St.3d at 286, 530 N.E.2d at 904, fn. 1. In a later decision, the Ohio Supreme Court again stressed the legislature’s desire to promote annexation. See In re Petition to Annex 320 Acres to S. Lebanon, 64 Ohio St.3d 585, 596, 597 N.E.2d 463, 470 (<HOLDING>). Moreover, in a case decided the same day, the 
 Holding statements: (A) holding the flsa does not provide the exclusive remedy for violations of its mandates (B) holding that title vii provides the exclusive judicial remedy for claims of discrimination in federal employment (C) holding that the remedies are exclusive (D) holding that rc 70907 is the exclusive remedy for challenging annexation approval (E) holding that massachusetts provides an adequate remedy for challenging a real estate tax assessment

(D)