TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (E)

PROBLEM: a habeas petition, and since his administrative remedies are now exhausted, this claim can proceed. B. Fox’s Notification Challenge is Properly Before The Court The second half of Fox’s claim relating to the notification requirement of the statute, see 18 U.S.C. § 4042(c)(2), is properly brought by him as a petition for a declaratory judgment. Notification claims do not relate to the fact or duration of confinement, therefore challenge to a notification requirement is not properly brought as a habeas petition. See Bunn v. Conley, 309 F.3d 1002, 1008-09 (7th Cir. 2002) (“The notification scheme [under 18 U.S.C § 4042(b) governing violent offender notification] in no way affects the duration, much less the fact, of confinement.”); Henrikson v. Guzik, 249 F.3d 395, 397 n. 4 (5th Cir.2001) (<HOLDING>); Royce v. Hahn, 151 F.3d 116, 118 (3d 
 Holding statements: (A) holding that a  2241 petitioners claim was not cognizable under  2241 and therefore the district court lacked jurisdiction (B) holding that because henrikson is not challenging the fact or duration of his confinement subject matter jurisdiction is not present under 28 us  2241 (C) holding that subject matter jurisdiction under  2241 is present in the custodial court when the petition challenges the manner location or condition of a sentences execution (D) holding that under the fsia personal jurisdiction   depends upon the district court finding subject matter jurisdiction under 28 usc  1330a and proper service under 28 usc  1608 (E) holding that district courts have jurisdiction under 28 usc  2241 to review cat claims for errors of law including the erroneous application or interpretation of statutes

SOLUTION: (B)

PROBLEM: winding up its affairs, the right to assert the privilege devolves to the successor. Consistent with that holding, the right to waive the privilege has not been limited to matters arising under the Bankruptcy Code and has even been applied to corporations that have been dissolved by orders of liquidation where there is broad-based power of the liquidator to continue to engage in management-type activity. See, Federal Deposit Insurance Corporation v. Cherry, Bekaert & Holland, 129 F.R.D. 188 (M.D.Fla.1989); Federal Deposit Insurance Corporation v. Berry, Civ. No. 1-85-62 (E.D.Tenn., June 10, 1985) and Federal Deposit Insurance Corporation v. Ellis, Civ. No. CD-84-PT-2560-M (M.D.Ala., Dec. 23, 1985); but see, Federal Deposit Insurance Corporation v. McAtee, 124 F.R.D. 662 (D.Kan.1988) (<HOLDING>); and Federal Deposit Insurance Corporation v. 
 Holding statements: (A) holding weintraub not controlling once a corporation is dissolved (B) holding customs violation of statutory suspension of liquidation not actionable by importer who discovered improper liquidations after protest period had expired (C) holding that a challenge to liquidation instructions falls under  1581i jurisdiction (D) holding that claims of corporation vest in corporation (E) holding weintraub rational inapplicable to liquidations because corporation ceases to exist after liquidation order

SOLUTION:
(E)