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: fundamental error analysis. 4 . During this hearing the court allowed Dr. Bail-on to testily telephonically from the hospital at which the patient was located. 5 . Alternatively, an appellate court could remand the matter to the superior court for evidentiary hearings and findings on the effectiveness of appointed counsel. See In re Condry's Estate, 117 Ariz. 566, 568, 574 P.2d 54, 56 (App.1977). In In re Maricopa County Juv. Action No. JS-4942, 142 Ariz. 240, 242, 689 P.2d 183, 185 (App. 1984), we reversed and remanded the matter to the juvenile court for an evidentiary hearing to determine whether the parent had received adequate notice of the hearings against him and whether the parent had received effective assistance of counsel. 142 Ariz. at , 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (<HOLDING>); State v. Carriger, 132 Ariz. 301, 304, 645 
 Holding statements: (A) holding that constitution requires  an opportunity  granted at a meaningful time and a meaningful manner  for a hearing appropriate to the nature of the case (B) holding that the due process clause is violated if the prosecution fails to disclose material evidence that is favorable to a criminal defendant (C) holding if counsel entirely fails to subject the prosecutions case to meaningful adversarial testing  the adversary process itself is presumptively unreliable (D) holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner (E) holding that the prosecutions suppression of evidence material to guilt or punishment violates due process regardless of the prosecutions good or bad faith

Answer: (C)


Question: on CRiminal Justice, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). In 1997, the legislature amended the child pornography statute to eliminate a loophole in the existing statute that impeded prosecution of individuals for possession or promotion of child pornography depicted or distributed by computer. Id.; House Comm, on CRiminal JURISPRUDENCE, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). There is nothing in these materials to suggest that the legislature intended to prohibit anything other than pornography depicting actual children. Therefore, we conclude that the Texas child pornography statute prohibits only the possession of visual materials depicting real children. Because the Texas statute only prohibits pornography depicting actual children, the sta App.1991) (<HOLDING>). Appellant also contends that the statute is 
 Holding statements: (A) holding twentyeight charges against defendant for possession of child pornography were not multiplicious (B) holding that private possession of child pornography is not protected by the first amendment (C) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (D) holding that an overbreadth challenge to a child pornography law was rendered moot by amendment to the statute (E) recognizing continuing harm from defendants knowing possession of child pornography

Answer: (B)


Question: or older “determined by the court to be in need of partial or full supervision, protection and assistance by reason of mental illness, physical illness or injury, developmental disability or other mental or physical incapacity.” Tenn.Code Ann. § 34-1-101(7). Persons do not attain the office of conservator by contract or family relationship. They are appointed to act in the best interests of the disabled adult person for whom they are partially or fully responsible in the discretion of the court. Although there is a statutory order of priority of persons the court is to consider when selecting a conservator, the order of priority is subject to the court’s determination of “what is in the best interests of the disabled person.” See In re Rockwell, 673 S.W.2d 512, 516 (Tenn.Ct.App.1983) (<HOLDING>). A conservator occupies a fiduciary position 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding the selection of the person to be appointed guardian is a matter which is committed largely to the discretion of the appointing court and an appellate court will interfere with the exercise of this discretion only in case of a clear abuse (C) holding that questions concerning the admissibility of hearsay evidence rest within the sound discretion of the trial court and this court will not interfere in the absence of abuse appearing on the face of the record (D) holding failure to exercise discretion is abuse of discretion (E) holding that the faas action in this case was  analogous to an exercise of prosecutorial discretion  and noting that when prosecutorial discretion is at issue the matter is presumptively committed to agency discretion by law

Answer:
(B)