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: 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

Output: (E)


Input: Consider Input: Cordova’s final policymaking authority concerning the termination or transfer of employees. For the aforesaid reasons, I conclude summary judgment should enter against Singer on the § 1981 and § 1983 claims against the School District. B. Liability of Cordova under § 1981. I have concluded the School District is not liable to Singer under § 1981. I consider Defendants’ additional argument concerning the § 1981 claim since it remains of relevance to Singer’s § 1981 claim against Cor-dova. Defendants argue § 1981 does not apply to religious discrimination and the claim should be dismissed insofar as it is based on such discrimination. See Shapolia v. Los Alamos Nat’l Lab., 992 F.2d 1033, 1036 n. 3 (10th Cir.1993); Manzanares v. Safeway Stores, Inc., 593 F.2d 968, 971 (10th Cir.1979) (<HOLDING>). Singer cites the holding in Shaare Tefila 
 Holding statements: (A) holding discrimination based on pregnancy was not sex discrimination (B) holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex (C) holding that a violation of  1981 requires purposeful race discrimination (D) holding that racial discrimination is not a personal injury tort (E) holding  1981 is directed to racial discrimination although not necessarily limited to the technical or restrictive meaning of race but does not apply to sex or religious discrimination

Output: (E)


Input: Consider Input: 322 U.S. 665, 671, 64 S.Ct. 1240, 1243, 88 L.Ed. 1525 (1944). Mixed questions of law and fact are even more troubling for standard of review purposes. A mixed question is present when the facts are admitted or established and the law is undisputed; the sole issue is whether the law applied to the facts satisfies the statutory standard. Pullman-Standard v. Swint, 456 U.S. 273, 289, n. 19, 102 S.Ct. 1781, 1790, n. 19, 72 L.Ed.2d 66 (1982). Where the mixed question involves primarily a factual inquiry, the clearly erroneous standard is appropriate. If, however, the mixed question primarily involves the consideration of legal principles, then a de novo review by the appellate court is appropriate. See, e.g., United States v. McConney, 728 F.2d 1195, 1199-1205 (9th Cir.1984) (en banc) (<HOLDING>). Most appellate courts that have reviewed a 
 Holding statements: (A) recognizing that the constitutionality of a statute is a question of law subject to de novo review (B) holding that the mixed question of exigent circumstance is reviewable de novo as a question of law (C) holding that the question whether a party has agreed to submit an issue to arbitration is a question of law requiring de novo review (D) holding that antitrust standing is question of law reviewed de novo (E) holding that whether the defendants confession was voluntary was a mixed question of law and fact subject to de novo review


Output: (B)