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. 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.
PROBLEM: showing he was denied a constitutional right. Because Weaver's application for a COA raises several claims, it is impossible to glean from the present record which issue(s) the district court thought worthy of appeal. Cf. Murray, 145 F.3d at 1250-51 (determining that while court of appeals could not decide issue not specified in COA, it could "construe the issue specification in light of the pleadings and other parts of the record"). Therefore we must remand the record for the district court to specify the issue or issues for appeal. See Muniz v. Johnson, 114 F.3d 43, 46 (5th Cir.1997); Lyons v. Ohio Adult Parole Auth., 105 F.3d 1063, 1076 (6th Cir.1997); Hunter v. United States, 101 F.3d 1565, 1584 (11th Cir.1996); but cf. Tiedeman v. Benson, 122 F.3d 518, 522 (8th Cir.1997) (<HOLDING>). It is so
Holding statements: (A) holding remand for specification of issues unnecessary where clear from briefing appellant had not made substantial showing he was denied any constitutional right (B) holding right to testify was federal constitutional right (C) holding that appellant had waived any objection to an instruction that he had himself introduced and which was amended by the state without objection from appellant (D) holding that application of section 9711h as amended did not deprive appellant of any constitutional right (E) holding that where appellant acknowledged timely receiving notice by regular mail appellant appeared and fully participated at the trial and appellant made no claim that he was harmed in any way appellee had fulfilled the primary purposes of texrcivp 21a

SOLUTION: (A)

PROBLEM: constructive, or judicially imposed lien, or (4) asserted against real or personal property. See Tex. Gov't Code Ann. 51.903; Cardenas v. Wilson, 428 S.W.3d 130, 132 (Tex. App.Houston [1st Dist.] 2014, no pet.) (noting that 51.903 inquiry into mechanic's lien determines only that mechanic's lien is provided by Texas law, not whether the underlying mechanic's lien was valid). If the motion requires greater inquiry, then it is a motion for declaratory judgment. See Tex. Civ. Prac. & Rem. Code Ann. 37.004(a) (West 2015); State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex. 1980) ("We look to the substance of a plea for relief to determine the nature of the pleading, not merely at the form of title given to it."); Nguyen, 2016 WL 2343893, at *2 (citing Becker, 2010 WL 877569, at *2-3 (<HOLDING>)). A motion for declaratory judgment must be
Holding statements: (A) holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion (B) holding motion requesting more relief than section 51903 provides was motion for declaratory judgment (C) holding that motion accepting judgment but requesting findings of fact and conclusions of law was not directed against the judgment (D) holding that substance of motion to extend time was a section 1301f motion rather than a section 1301g motion and that trial court did not abuse discretion in denying the section 1301f motion (E) holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable

SOLUTION: (B)

PROBLEM: will neither gain nor lose by the court's determining who the children's biological father is. The court's paternity determination will not impact the need for Husband to raise a third-party custody claim if he wishes to seek custody of Wife's children, and it will not impair or impede his ability to do so. Husband argues, however, that the paternity case is the only action in which he can assert his third-party custody claim, because he cannot assert it in the dissolution of marriage case. We agree with Husband that the court does not have the authority in a dissolution proceeding to determine the custody of children not born of the marriage or adopted by the parties. Warlop v. Warlop, 254 S.W.3d 262, 263 (Mo.App.2008). See also In re Marriage of Said, 26 S.W.3d 839, 843 (Mo.App.2000) (<HOLDING>). Merely because Husband cannot assert his
Holding statements: (A) holding that although husband and wife were both fit and proper persons to have custody of the child custody in a dissolution action should have been awarded to wife the biological parent in light of blood test showing that husband was not the childs biological father (B) holding that natural parents have a fundamental liberty interest in the care custody and management of their children (C) holding that the issue of custody was foreign to the dissolution action because the husband was not the natural father but that the husband could seek to intervene to assert a thirdparty custody claim in a pending custody modification proceeding between the childs natural parents (D) holding that a modification of custody should not be based on one parents default because it is the childs best interests that are at stake (E) holding the foster parents responsible for support where the childs natural parents are unknown and noting that an earlier new york case held that an agreement to adopt did not terminate the natural parents duty of support but that in that earlier case the natural parent was alive and capable of providing for the child

SOLUTION:
(C)