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:
of G.D.'s older sibling, C.D., based on the abuse of G.D. The court may not terminate parental rights based on the abuse of a sibling without a finding of a nexus between the abuse and the prospective abuse. O.M. v. Dep't of Children & Family Servs. (In re G.C.A.), 863 So.2d 476 (Fla. 2d DCA 2004) (citing R.F. v. Dep't of Children & Families (In re M.F.), 770 So.2d 1189 (Fla.2000)); see also C.M. v. Dep't of Children & Families (In re C.M.), 844 So.2d 765, 766 (Fla. 2d DCA 2003) ("Children who have not been abused may be adjudicated dependent based on abuse inflicted upon their siblings; however, the evidence must demonstrate a nexus between the abuse and any prospective abuse to another sibling."). But see T.P. v. Dep't of Children & Families, 860 So.2d 1084, 1089 (Fla. 5th DCA 2003) (<HOLDING>). "Generally, this nexus is established when
Holding statements: (A) holding that parental rights may be terminated based on the egregious abuse of a sibling without a showing of a nexus but providing that the parent should be afforded the opportunity to show a lack of a nexus (B) holding that in order to support a termination of parental rights based on prospective abuse it is necessary to show that the behavior of the parent was beyond the parents control likely to continue and placed the child at risk and citing as an example the parents mental illness (C) holding the parental rights of a child may not be terminated unless that parent has been represented by counsel at every critical stage of the proceedings (D) recognizing that a court is not limited in what it may consider in determining whether parental rights should be terminated (E) recognizing petitioners must be afforded the opportunity to show good cause for filing a longer petition
answer:
holding that in order to support a termination of parental rights based on prospective abuse it is necessary to show that the behavior of the parent was beyond the parents control likely to continue and placed the child at risk and citing as an example the parents mental illness

question:
two separate legal insufficiency claims. When the party without the burden of proof suffers an unfavorable finding, the challenge is one of "no evidence to support the finding." See Creative Manufacturing, Inc. v. Unik, 726 S.W.2d 207, 210 (Tex.App.-Fort Worth 1987, writ ref d n.r.e.). Where the party having the burden of proof suffers an unfavorable finding (failure to find), the proper complaint is that the fact was established as "a matter of law." See Sterner v. Marathon Oil Company, 767 S.W.2d 686, 690 (Tex.1989). Here, Tech filed a verified special denial that it received timely notice. Consequently, Lucero had the burden to plead and secure a finding on notice. See Texas Tech University Health Sciences Center v. Apodaca, 876 S.W.2d 402, 410-11 (Tex.App.-El Paso 1994, writ denied)(<HOLDING>); see also Harrison v. Texas Department of
Holding statements: (A) holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice (B) holding that the government need not prove actual notice to the prisoner (C) holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice (D) holding that where the governmental unit filed a verified special denial that it received timely actual notice the plaintiff had the burden to prove and secure a finding on actual notice at trial (E) holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice
answer:
holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice

question:
1 & 241, 105 S.Ct. 3142; College Sav. Bank, U.S. , , 119 S.Ct. 2219, 2228-29, L.Ed.2d (rejecting Parden's doctrine of constructive consent because it conflicts' with the longstanding requirement that a waiver of a constitutional right must be unequivocally expressed and "altogether voluntary" (quotation marks and citation omitted)). Although this second method of waiver seems to allow looking beyond the text of a state statute or constitution to a state's conduct in relation to a federal program in order to find a waiver, KSU contends that Edelman and this court's decision in Johns restrict our analysis to examining only statutory and constitutional text to find a waiver. See Johns, 57 F.3d at 1553 (reading Edelman as requiring that a state may. waiv 407, 1408 (10th Cir.1997) (<HOLDING>). In spite of these holdings, however, this
Holding statements: (A) holding that state defendant waived eleventh amendment immunity to a federal claim by removing to federal court (B) holding that the new mexico school district and their governing boards are not arms of the state entitled to eleventh amendment immunity (C) holding that state did not waive eleventh amendment immunity by removing case to federal court (D) holding that the nyshrl does not waive the new yorks eleventh amendment immunity to suit in federal court (E) holding that new mexico did not waive eleventh amendment immunity by engaging in activities and entering contracts subject to federal regulation
answer:
holding that state defendant waived eleventh amendment immunity to a federal claim by removing to federal court