instruction:
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.
question:
under Section 15, Article II of the Maryland Constitution. The majority's greatest foible, however, is in its treatment of the primary issue before this Court, whether the enactment of Senate Bill 1, by which the Legislature removed the PSC Commissioners, constituted an encroachment by the Legislature on the gubernatorial powers enumerated in Sections 1, 9 and 15, Article II of the Maryland Constitution, and a violation of Section 8 of the Declaration of Rights' separation of powers. Aristotle's principles, explored by John Locke, and later pragmatically structured by Baron de Montesquieu, are generally credited as the mainstay of the separation of powers doctrine. Edward Rubin, The Myth of Accountability and the Anti-Administrative Impulse, 103 Mich. L.Rev.2073, 2093 n. 59 (2005) (<HOLDING>)-, Jim Rossi, Dual Constitutions and
Holding statements: (A) holding that claim premised on the organizing arming and disciplining of members of the national guard involved issue committed expressly to the political branches of government (B) recognizing that the american governments three distinct branches originate from a fusion of concepts found in aristotles the politics john lockes the second treatise of government and montesquieus the spirit of laws (C) recognizing products liability concepts as part of general maritime law (D) recognizing that when other branches of government are remiss in their constitutional duties the judiciary must act (E) recognizing that standing doctrine is fundamentally rooted in respect for the separation of powers of the independent branches of government
answer:
holding that claim premised on the organizing arming and disciplining of members of the national guard involved issue committed expressly to the political branches of government

question:
when there has been neither agreement nor adjudication of the fact. In that situation, the question is one of historical fact, which, until decided, cannot have anything to do with the child's best interest. A different situation is presented, however, after paternity has been determined, whether by agreement or adjudication. Then, the best interest of the child necessarily is involved. The historical fact of parentage no longer stands alone; now it is intertwined with the interests of the child and no longer is capable of separation. Once paternity is established, 5-1029 has no further role to play in that arena. The amendment to 5-1038 does not change that, in my view, without, as there is not in this case, an amendment making it so. Contrary to the majorit , 1083 (1994) (<HOLDING>); Adoption/Guardianship No. 10941, 335 Md. 99,
Holding statements: (A) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (B) holding the best interest of the child standard does not violate federal constitutional principles (C) holding that the best interest of the child standard should be used in deciding whether to grant a paternity petition (D) holding that the best interest of the child is the paramount concern in determining whether to order blood tests to determine paternity (E) holding court properly applied best interest of child standard when determining whether placement goal should be changed
answer:
holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted

question:
making of competent parents." (citing Troxel v. Granville, 530 U.S. 57, 67-69, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000))). We have further held that it is the party opposing termination of the guardianship who bears the burden of proving that the petitioning parent is currently unfit to regain custody of the child. Guardianship of David C., 2010 ME 136, 4, 7, 10 A.3d 684. [ 12] Although the Legislature has established the standard of a preponderance of the evidence for addressing the best interest of the child.in a proceeding to terminate a guardianship, neither we nor the Legislature has made clear what specific standard of proof the existing guardian must meet in proving the petitionin 174-75 (2010) (same); In re Guardianship of D.J., 268 Neb. 239, 682 N.W.2d 238, 243-46 (2004) (<HOLDING>). [ 13] We need not decide the applicable
Holding statements: (A) recognizing that the child custody act required that the natural parent presumption must be seriously considered and heavily weighted in favor of the parent but that the presumption is rebutted if the clear and convincing evidence establishes that the best interest of the child is served by awarding custody to the third party (B) holding that the guardianship must terminate unless the guardian proves by clear and convincing evidence that the petitioning parent is either unfit or has forfeited the right to custody (C) holding custody and guardianship of child whose natural parent is adjudicated unfit mandatorily vests with social services (D) holding that on a parents petition the guardianship must terminate unless the guardian proves by clear and convincing evidence that terminating the guardianship would result in physical or emotional harm to the child (E) recognizing the fundamental liberty interest a parent has in his or her child and concluding that the state must provide a parent with fundamentally fair procedures including a clear and convincing evidentiary standard when seeking to terminate parental rights
answer:
recognizing that the child custody act required that the natural parent presumption must be seriously considered and heavily weighted in favor of the parent but that the presumption is rebutted if the clear and convincing evidence establishes that the best interest of the child is served by awarding custody to the third party