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: 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

Answer: (E)


Question: of his experience’ in detecting criminal activity”) (quoting United States v. Brignoni-Ponce, 422 U.S. 873, 885, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975)). Based on the totality of these circumstances, we conclude that the officers possessed the reasonable suspicion necessary to effect an investigative detention of Mr. Hishaw as he left the apartment in the pickup. Even though the initial stop was justified, we must still assess the reasonableness of the subsequent pat-down search. In order to comport with the Fourth Amendment, that search must have been “reasonably related in scope” to the basis for the stop (i.e., the officers’ suspicion that Mr. Hishaw was distributing drugs). See Terry, 392 U.S. at 20, 88 S.Ct. 1868. In that regard, this circuit has concluded that an 169 (4th Cir.1998) (<HOLDING>); United States v. Perrin, 45 F.3d 869, 873 
 Holding statements: (A) holding that it is permissible for an officer to order the occupants out of a vehicle during a lawful stop (B) holding that like burglary car theft is a crime that often involves the use of weapons and other instruments of assault that could jeopardize police officer safety and thus justifies a protective frisk under terry to ensure officer safety (C) holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes (D) holding that when the officer has a reasonable suspicion that illegal drugs are in the vehicle the officer may in the absence of factors allaying his safety concerns order the occupants out of the vehicle and pat them down briefly for weapons to ensure the officers safety and the safety of others (E) holding that the officer had reasonable belief that the occupants of the vehicle were armed where the officer knew that drug dealers are frequently armed and therefore frisk of the vehicle was permissible

Answer: (D)


Question: might have arisen from his father’s actions in response to the MIP ticket and did not seek to influence the resolution of any public questions arising from any such controversy; the only actions Wade took after the MIP ticket that related in any way to such “controversy” were actions to defend himself in court at the trial on the ticket and to petition for, and receive, an expunction. However, Wade’s use of judicial processes did not “thrust” him to the “forefront” or “inject” him into the “vortex” of “a public controversy” or “public issue” in order to “influence the resolution” of “public questions,” nor did it constitute a “voluntary engagement” in activities that involved the risk of increased exposure and injury to reputation. See Firestone, 424 U.S. at 454-55, 96 S.Ct. 965-66 (<HOLDING>). Appellants invite us to create a new category 
 Holding statements: (A) holding that use of judicial process to litigate divorce did not make plaintiff a public figure and noting that such action was no more voluntary than that of defendant called upon to defend his interest in court (B) holding that more than notice to a defendant is required (C) holding that former state transportation department employee who brought allegations of departmental corruption to public attention was public figure (D) recognizing the prejudice of an extension to a defendant who would be required to litigate events that occurred more than eight years earlier (E) holding that the petitioner who was denied further appellate review by the supreme judicial court had a full and fair opportunity to litigate his fourth amendment claim in the state trial court and appeals court and thus stone precluded federal habeas relief

Answer:
(A)