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: in the record of any possible medical treatment that Monroe County or the individual defendants could have provided to save the life of the Decedent. Phillips argues in her brief that it is not necessary for her to prove chemotherapy would have saved the Decedent's life. First, she refers to the fright and anxiety both she and the Decedent suffered because of the delay in chemotherapy. In this regard, Phillips confuses the causation issue. In a survival action, damages for the Decedent's physical suffering and mental anxiety as a result of the alleged deprivation of medical care would have been appropriate. In a wrongful death context, however, no damages are available until the plaintiff has cleared the causation hurdle. See Wilks v. Am. Tobacco Co., 680 So.2d 839, 842 (Miss.1996) (<HOLDING>). Second, Phillips suggests that she need only
Holding statements: (A) recognizing cause of action for wrongful death (B) holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute (C) holding unconstitutional a state wrongful death statute which denied illegitimate children the right to recover for the wrongful death of their mother (D) holding that a failure to include a beneficiary in a wrongful death action is a defect because the wrongful death act restricts plaintiffs to a single action (E) holding that mississippis wrongful death statute creates an independent cause of action

SOLUTION: recognizing cause of action for wrongful death

PROBLEM: of demonstrating that the statute "clearly, palpably, and plainly violates the Constitution." Nixon v. Commonwealth, Dep't of Pub. Welfare, 576 Pa. 385, 839 A.2d 277, 286 (2003) (internal quotation marks and citation omitted). While the General Assembly may enact laws which impinge on constitutional rights to protect the health, safety, and welfare of society, any restriction is subject to judicial review to protect the constitutional rights of all citizens. Id. As detailed below, we conclude that SORNA's registration requirements violate juvenile offenders' due process rights by utilizing the irrebuttable presumption that all juvenile offenders "pose a high risk of committing additional sexual offenses," 42 Pa.C.S. 9799.11(a)(4), because that presumpti 8, 31 L.Ed.2d 551 (1972) (<HOLDING>); Bell v. Burson, 402 U.S. 535, 542, 91 S.Ct.
Holding statements: (A) holding that the state may not interfere with an unwed fathers custody rights absent proof of unfitness (B) holding unwed father entitled to hearing on his fitness as a parent before children could be taken from him after death of their mother (C) holding unconstitutional a statute providing for children to be declared dependent and removed from their unwed fathers custody based on the presumption that unwed fathers are unfit parents (D) holding that parents are constitutionally entitled to a hearing on parental fitness before children are removed from their custody (E) holding due process was violated by the automatic rejection of an unwed fathers custodial relationship without granting the father opportunity to present evidence regarding his fitness as a parent

SOLUTION: holding that the state may not interfere with an unwed fathers custody rights absent proof of unfitness

PROBLEM: discovery practice in civil litigation. However, here, plaintiff had no discovery rights which were inconsistent with the applicable provisions of the Open Records Act. Plaintiff argues that the denial of access to the confidential examination material violated his due process rights in the administrative appeal. We disagree. Although plaintiff's interests in prospective governmental employment, without more, may not have been entitled to the protection of procedural due process, when the state, as here, establishes a statutory and regulatory scheme imposing more stringent standards on itself than are otherwise required by the constitution, due process requires the government to adhere strictly to those standards. Carpenter v. Civil Service Commission, 813 P.2d 773 (Colo.App.1990) (<HOLDING>); see Department of Health v. Donahue, 690 P.2d
Holding statements: (A) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (B) holding that unsuccessful job applicant for governmental employment had due process right to meaningful administrative appeal of rejection when regulations established right to such appeal (C) recognizing the right to counsel on appeal (D) holding that there is no due process right to appellate review (E) holding violation of due process to penalize a criminal defendant for pursuing statutory right of appeal

SOLUTION:
holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal