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.

Q: 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

A: (E)
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Q: so restricted. Rather, ... the doctrine is an intensely practical one, grounded in the realities of litigation in our adversary system. One of those realities is that attorneys often must rely on the assistance of investigators and other agents in the compilation of materials in preparation for trial. It is therefore necessary that the doctrine protect materials prepared by agents for the attorney as well as those prepared by the attorney himself. Id. at 238-39, 95 S.Ct. 2170. Accordingly, federal courts have consistently ruled that the work product doctrine is not inapplicable merely because the material was prepared by or for a party's insurer or agents of the insurer. See Railroad Salvage of Conn. Inc. v. Japan Freight Consolidators (U.S.A.), Inc., 97 F.R.D. 37, 41 (E.D.N.Y.1983) (<HOLDING>), aff'd, 779 F.2d 38 (2d Cir.1985); Home Ins.
Holding statements: (A) holding that correspondence between defendant and its liability carriers was protected (B) holding that the prohibition of inmatetoinmate correspondence was not an unconstitutional infringement of prisoners first amendment rights (C) recognizing correspondence appeared to establish a settlement relationship between the parties given the letters presented an attempt to curb further litigation (D) recognizing first amendment and fourteenth amendment interests in inmate correspondence (E) holding that a sixmonth gap between the protected activity and the employees termination was insufficient to infer that the protected activity was a contributing factor

A: (A)
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Q: convictions. The United States Supreme Court has repeatedly held that a court does not violate the Sixth Amendment when it elevates a sentence based on the fact of prior convictions. See, e.g., Apprendi, 530 U.S. at 490, 120 S.Ct. 2348; Booker, 543 U.S. at 244, 125 S.Ct. 738. This rule has been applied with equal force in the federal courts since the Booker decision. See, e.g., United States v. Work, 409 F.3d 484, 491 n. 1 (1st Cir.2005) (stating that the rationale of Ap-prendi and Blakely "simply does not affect sentence-enhancement provisions premised upon a defendant's prior criminal eonvic- tions"); United States v. Barrero, 425 F.3d 154, 157 (2d Cir.2005) (stating that a court does not violate the Sixth Amendment by basing a sentence on its finding of a prior conv (6th Cir.2005) (<HOLDING>). [ 24] Given the court's articulation of its
Holding statements: (A) holding that a sentencing court may determine the nature of a prior conviction without violating the sixth amendment (B) holding that the defendants argument that the sixth amendment requires that a jury not a judge must determine whether his prior conviction is within the category of offenses specified in 2l12b1avii was without merit (C) holding that there is no sixth amendment right to jury sentencing (D) holding that the court lacks jurisdiction over sixth amendment claims because the sixth amendment is not moneymandating (E) holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the sixth amendment

A:
(A)
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