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.

Q: the I.C. court perhaps Plaintiffs' strongest case determined that "the juvenile court can act to protect children within its jurisdiction." I.C., 742 So.2d at 404. The I.C. court looked to 39.453(8)(g), which holds: The court may issue a protective order in assistance, or as a condition, of any other order made under this part. In addition to the requirements included in the case plan, the protective order may set forth requirements relating to reasonable conditions of behavior to be observed for a specified period of time by a person or agency who is before the court; and such order may require any such person or agency to make periodic reports to the court containing such information as the court in its discretion may prescribe. See also Henry & Rilla, 720 So.2d at 573 (<HOLDING>). Although Plaintiffs and their counsel, if
Holding statements: (A) holding that although the juvenile restitution statute does not expressly require the juvenile court to determine whether the juvenile has the ability to pay the restitution ordered as a condition of probation the policies underlying the adult restitutions command that a trial court make such an inquiry applies with equal force to juvenile courts (B) holding that jeopardy attaches in juvenile adjudication that determines whether juvenile violated criminal law (C) holding that chapter 39 provides the juvenile judge the flexibility to factor a childs safety into a custody decision at all stages of a juvenile proceeding (D) holding that the defendant is entitled to be present at all stages of his trial and a judges response to a note from the jury is one of those stages (E) holding juveniles statement inadmissible when after being placed in custody police took juvenile to police station and held juvenile in area where adult suspects were held instead of taking juvenile to a juvenile processing office or any of the places listed as an alternative in section 5202 and placing juvenile in specifically designated office for juveniles

A: holding that although the juvenile restitution statute does not expressly require the juvenile court to determine whether the juvenile has the ability to pay the restitution ordered as a condition of probation the policies underlying the adult restitutions command that a trial court make such an inquiry applies with equal force to juvenile courts
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Q: and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant's reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: "Tolling is available' only 'when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.'" Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the
Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that 2244d is subject to equitable tolling if ae petitioner demonstrates 1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

A: holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence
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Q: Appeals similarly elected to address this issue on the merits. See Smith, 2014 WL 3954062, at *18-19. In light of these rather unique circumstances, we conclude that the counsel table issue was properiy preserved for appeal. To rule in favor of the State's argument that this issue was "never contained in any valid motion for new trial, and [that] it [was] not enough that the defendant raised it orally in the motion for new trial hearing because the' defendant never reduced it to writing," would elevate form over substance. See' Lane v. State, 316 S.W.3d 555, 568 (Tenn.2010) (rejecting argument that no guilty plea is valid unless the defendant is specifically asked "How do you plead?" because argument values form over substance)'; State v. Livingston, 197 S.W.3d 710, 716 (Tenn.2006) (<HOLDING>); Sample v. State, 82 S.W.3d 267, 281
Holding statements: (A) holding that at resentencing the state must present evidence on an enhanced sentencing factor despite having done so at the prior sentencing hearing (B) holding that to rule that the defendant did not have sufficient notice of the states intent to seek enhanced sentencing would be to impose a hypertechnical procedural requirement that elevates form over substance (C) holding that because resentencing following reversal is a new proceeding the state must introduce evidence that the defendant qualifies for enhanced sentencing even though such evidence was introduced in the previous sentencing hearing (D) holding an allegation that defendant caused death by cutting victims throat with sharp object was sufficient to give notice of states intent to seek deadly weapon finding (E) holding that absent legislative intent to impose derivative liability enhanced sentences based on the use of a weapon during a crime may not be imposed on defendants who were not personally armed

A:
holding that at resentencing the state must present evidence on an enhanced sentencing factor despite having done so at the prior sentencing hearing
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