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.

Input: Consider Input: until he received the order in March 2001. While in ordinary circumstances he likely would be faulted for not exercising due diligence to determine the disposition of his motions during the two year period contemplated by the rule, petitioner had no reason to make such an inquiry in this case because he believed that in accordance with the April 1999 order, he had been permitted to withdraw his motions to vacate sentence. Accordingly, we conclude that Snell has pled an adequate basis for avoiding the two year time limitation imposed by the rule. We further conclude that he otherwise timely sought relief to the extent his petition seeking belated appeal was filed within two years of his discovery of the existence of September 1998 order. Cf. Adams v. State, 543 So.2d 1244 (Fla.1989)(<HOLDING>). In response to our order to show cause why a 
 Holding statements: (A) holding that a rule 3850 motion based upon new facts or a significant change in the law must be filed within two years of the time such facts become known or such change is announced (B) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (C) holding that a subsequent petition may be filed upon a showing of a change in circumstances (D) holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms (E) holding that a change in the law of sentencing does not constitute a new factor

Output: (A)


Input: Consider Input: WTT Project area as defined by the Corps. NEF contends that we need not consider the State’s argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. “Rule 59(e) motions are ‘aimed at reconsideration, not initial consideration.’ ” FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant’s argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts 
 Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

Output: (D)


Input: Consider Input: relates to Melissa’s financial condition and ability to support her children. See, e.g., In re Marriage of Gehl, 486 N.W.2d 284, 287 (Iowa 1992) (“[T]he new spouse’s income can be considered as it relates to the divorced custodial parent’s overall financial condition and ability to support the child.”); Page v. Page, 219 N.W.2d 556, 558 (Iowa 1974) (considering income of noncustodial parent’s spouse in deciding the appropriate amount of child support). Melissa and Jeff also have a child of their own, whom they must support on the couple’s income. This new dependent is a consideration in deciding whether there has been a substantial change in circumstances. See Iowa Code § 598.21C(l)(d). There was significant disagreement at the modification trial about Scott’s income. Scott p wa 1991) (<HOLDING>). In the 2008 temporary child support order, 
 Holding statements: (A) holding plaintiff entitled to depreciation after repairs in determining the vehicles value at the time of the theft allowance must be made for depreciation then accrued (B) holding that depreciation could not be deducted from cost to repair building to its condition prior to fire under actual cash value policy (C) holding that depreciation in land value caused by a material change in a highway grade which made access to the property difficult is compensable (D) holding that the exspouse should be allowed a deduction for depreciation determined under the straight line method of depreciation rather than under the accelerated method (E) recognizing that determination of appropriate sentence to be imposed should ordinarily be determined by the trial court on remand rather than at the appellate level


Output: (D)