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.
--------
Question: enter a residence without a warrant if an objectively reasonable basis exists for the officer to believe that there is an immediate need for police assistance for the protection of life or substantial property interests.” Seibert v. State, 923 So.2d 460, 468 (Fla. 2006) (citing Rolling v. State, 695 So.2d 278, 293-94 (Fla. 1997)). Whether an emergency actually existed is immaterial “so long as the officer reasonably believes it to exist because of objectively reasonable facts. The officer’s conclusion then may be based on a combination of the ‘objective’ nature of the circumstances and the officer’s ‘subjective’ perception of those circumstances.” State v. Boyd, 615 So.2d 786, 789 (Fla. 2d DCA 1993); see also Missouri v. McNeely, — U.S. -, 133 S.Ct. 1552, 1559, 185 L.Ed.2d 696 (2013) (<HOLDING>). The record supports that law enforcement 
 Holding statements: (A) holding that the reasonableness inquiry is based upon the totality of the circumstances in determining whether or not a search was reasonable (B) holding that in determining prejudice a court hearing an ineffectiveness claim must consider the totality of the evidence before the judge or jury (C) holding that the court must consider the totality of the circumstance when determining whether a law enforcement officer faced an emergency that justified acting without a warrant (D) holding that the district court should consider the totality of the circumstances in determining whether the patentee acted in subjective bad faith and should consider whether circumstantial evidence would support an inference of bad faith (E) holding a search permissible where the officer reasonably believed he faced an emergency situation that would result in the destruction of evidence

Answer: (C)


Question: the juror rather than leaving a doubt as to his or her impartiality.” Weinstein Design Group, Inc. v. Fielder, 884 So.2d 990, 994 (Fla. 4th DCA 2004) (quoting Bryant v. State, 765 So.2d 68, 71 (Fla. 4th DCA 2000)). We conclude that prospective jurors Forber and Spurlin’s responses were sufficient to create a reasonable doubt as to their impartiality. Admittedly, the State attempted to rehabilitate these prospective jurors and they said they could follow the jury instructions and be fair and impartial. However, based on the totality of the answers given, we find a reasonable doubt as to the ability of these two prospective jurors to serve impartially in this case. Consequently, they should have been stricken for cause. See, e.g., Somerville v. Ahuja, 902 So.2d 930 (Fla. 5th DCA 2005) (<HOLDING>); Bell v. Greissman, 902 So.2d 846 (Fla. 4th 
 Holding statements: (A) holding that the trial court did not err by allowing the prosecution to question prospective jurors regarding their ability to announce a death sentence in an appropriate case (B) holding that prospective jurors should have been excused for cause because they did not affirmatively state that their bias against the plaintiffs would not affect their ability to render an impartial verdict (C) holding that a defendant could not establish stricklands prejudice prong because any erroneous exclusion of an impartial juror was harmless because we have every reason to believe the replacement was also an impartial juror the defendant does not dispute that he was convicted and sentenced by an impartial jury and he presents no reason to think that a jury composed of a slightly different set of impartial jurors would have reached a different verdict (D) holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act (E) holding that the trial court did not abuse its discretion in refusing to strike for cause two potential jurors who had heard andor read about the case but indicated that they could render a fair and impartial verdict based on the evidence presented

Answer: (B)


Question: of death which does not meet these requirements is voidable by the donor (if he recovers) or his personal representative. Hulley v. Chedic, 22 Nev. 127,146, 36 P. 783 (1894). In other words, a gift in contemplation of death'is presumptively voidable by the personal representative of the deceased, and the presumption may be rebutted by the donee with clear and convincing evidence of the six elements listed above. Although Goldsworthy and Hulley are the only Nevada cases ever to have examined the gift causa mortis doctrine, and they have never been overruled, at least one Nevada case has suggested (in a different context) that the burden of proof may not be on the donee. North Arlington Medical Building, Inc. v. Sanchez Construction Company, 86 Nev. 515, 521, 471 P.2d 240, 244 (Nev.1970) (<HOLDING>). North Arlington is not really on point, 
 Holding statements: (A) holding a sentence within the advisory guidelines range is presumptively reasonable (B) holding that inter vivos gift to minor is presumptively effective under nrs 167040 (C) holding that the purpose of nrs 1760551 is to ensure that all time served is credited towards a defendants ultimate sentence (D) holding that belowguidelines sentence is presumptively reasonable (E) holding a delay approaching one year is presumptively unreasonable

Answer:
(B)