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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: P.2d 171, 174-75 (1997) (providing that a party seeking to change custody must establish that circumstances have substantially changed since the most recent custodial order, and that any events that took place before the prior proceedings cannot be used to show changed circumstances). Although we will not substantively review the decree’s child custody arrangement because of mootness, we note, in passing, that a district court, faced with evidence that one parent is attempting to disrupt the other parent’s 8 (1993); see also NRS 125.480(1) (providing that the sole consideration in awarding custody of a child is the best interest of the child). 11 84 Nev. 710, 447 P.2d 664 (1968). 12 Id. at 711, 447 P.2d at 665. 13 Cf. Hopper v. Hopper, 113 Nev. 1138, 1143, 946 P.2d 171, 174-75 (1997) (<HOLDING>). 14 Most v. Most, 477 A.2d 250, 263 (Me. 1984) 
 Holding statements: (A) recognizing that conduct that preceded the prior custody determination cannot be admitted to show a change in circumstances (B) holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances (C) 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 (D) holding that a subsequent petition may be filed upon a showing of a change in circumstances (E) holding court cannot change custody without showing that change is in best interests of child

SOLUTION: holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances

PROBLEM: Discipl. LEXIS 78, *9 (attorney disbursed all settlement proceeds to client less amount he retained for himself, after having been placed on notice that prior attorney claimed an in terest in any settlement funds in violation of Colo, RPC 1.15(b)). III. ANALYSIS OF SANCTION In both the Dunn and McCarthy matters, Rishel engaged in knowing conversion by obtaining funds from third parties for a stated purpose, failing to utilize the funds for that purpose, retaining the funds for an extended period of time after the third parties had withdrawn authorization, and failing to refund the amounts paid to the third parties despite their demand that he do so. The presumptive sanction for knowing conversion of the property of another is disbarment. People v. Dice, 947 P.2d 339, 340 (Colo.1997)(<HOLDING>); Motsenbocker; 926 P.2d at 577 (attorney 
 Holding statements: (A) holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause (B) holding that a lawyers knowing misappropriation of funds whether belonging to a client or third party warrants disbarment except in the presence of extraordinary factors of mitigation (C) holding that an attorney should not be disbarred for misappropriation of client funds where there were no aggravating factors the attorneys clients did not suffer actual harm and the attorney established several mitigating factors (D) holding that permanent disbarment was appropriate for failure to remit 2000 in settlement funds to client and failing to answer the charges (E) recognizing that a lawyer hired by a third person to represent a client should exercise judgment on behalf of the client independent from the interests of the third person

SOLUTION: holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause

PROBLEM: The point is that, once jurisdiction is lost, the court of appeals lacks the power to invoke any rule to thereafter obtain jurisdiction. Even a claimed deprivation of constitutional rights cannot confer jurisdiction upon a court where none exists, anymore than parties can by agreement confer jurisdiction upon a court. So any amendments made pursuant to Rule 25.2(d) cannot be jurisdictional amendments. Id. at 413-14 (emphasis added) (footnotes omitted). According to Riewe, the only amendments permitted under Rule 25.2(d) are wcm-jurisdictional amendments. Id. The amendments appellant must make to his notice of appeal to invoke our jurisdiction over his complaint about punishment evidence are “jurisdictional amendments.” Craddock v. State, 32 S.W.3d 886, 887 (Tex.App.—Waco 2000, no pet.) (<HOLDING>); see also Davis v. State, 870 S.W.2d 43, 46-47 
 Holding statements: (A) holding that notice requirements of 4206a are jurisdictional (B) holding that notice requirements under rule 252b3 are jurisdictional (C) holding that notice requirements under former rule 40b1 are jurisdictional (D) holding that regulatory requirements are not jurisdictional in nature (E) holding that notwithstanding rule 252b3 requirements appellate court could address jurisdictional defects

SOLUTION:
holding that notice requirements of 4206a are jurisdictional