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:
its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by returning him to his former school in Lake County and changing the timesharing arrangement to have the father assume the primary timesharing responsibilities. See § 61.13(3), Fla. Stat. (2014); Holland v. Holland, 140 So.3d 1155 (Fla. 1st DCA 2014); Dobbins v. Dobbins, 584 So.2d 1113, 1116 (Fla. 1st DCA 1991). Accordingly, we reverse and remand for a new hearing. On remand, the court shall take evidence and use the best interests of the child standard to determine if modification is in the child’s best interests in light of the parties’ inability to agree which school the minor child will attend. See, e.g., Watt v. Watt, 966 So.2d 455 (Fla. 4th DCA 2007) (<HOLDING>). Once that determination is made, the trial 
 Holding statements: (A) holding that change of circumstances is not prerequisite to additional   3583e2 modification (B) holding that a hearing is required when a modification of parenting time would change the established custodial environment (C) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (D) holding that a custodial parents move to a foreign state without more is not a substantial change of circumstances that would support a modification of custody (E) holding that parties inability to agree on which private high school child would attend constituted substantial change in circumstances warranting modification of parenting plan
answer:
holding that change of circumstances is not prerequisite to additional   3583e2 modification


question:
the justifiable use of deadly force to specific circumstances, such as when the actor “reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.” Id. § 776.012(1). As discussed at length above, Lieutenant Weippert’s conduct was objectively reasonable and he had probable cause to believe that Mr. Penley posed a threat of great bodily harm to the lieutenant and others. Even when viewed in the light most favorable to the Penleys, the evidence reveals no genuine issues of material fact as to whether Lieutenant Weippert’s use of force was reasonably necessary. Under Florida law, Lieutenant Weippert had no duty to retreat and his use of force was justifiable. See State v. Rivera, 719 So.2d 335, 337-38 (Fla. 5th DCA 1998) (<HOLDING>); see also Davis v. Williams, 451 F.3d 759, 768 
 Holding statements: (A) holding that instruction on use of deadly force was required where complainant was armed with a coke bottle (B) holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded (C) holding that after being chased by a carfull of angry men it would have been reasonable for mr rivera a private citizen to believe that deadly force was necessary even if only a single unarmed pursuer had approached his nowstopped car because the pursuer and his friends had already threatened riveras life and the lives of other innocent people by engaging in a highspeed chase and throwing deadly missiles namely a bottle of soda and a can of tuna (D) holding that apprehension by the use of deadly force is a seizure (E) holding that instruction on use of deadly force was required where appellant was aware of the decedents violent history decedent had a gun in his car and appellant used force only after decedent had made an attempt to approach his car
answer:
holding that instruction on use of deadly force was required where complainant was armed with a coke bottle


question:
of peremptory strikes, the holdings of those Supreme Court opinions would be undermined. But we can engage in no comparative juror analysis here, because we do not know what happened during the entirety of the voir dire. Because we hold that, under the clearly established Supreme Court precedent of Batson, comparative juror analysis is an important tool that courts should utilize on appeal when assessing a defendant’s plausible Batson claim, we also must conclude that all defendants, including those who are indigent, have a right to have access to the tools which would enable them to develop their plausible Batson claims through comparative juror analysis. “[T]he State must provide an indigent defendant with a transcript of prior 94, 87 S.Ct. 362, 17 L.Ed.2d 290 (1966) (per curiam) (<HOLDING>). We recognize that the Court has never 
 Holding statements: (A) holding that a courts failure to provide a defendant with any portion of a habeas transcript was error (B) holding that any error was harmless and thus not plain error (C) holding that appellants waived any claim of error as to the portion of the lower courts ruling that they did not expressly challenge on appeal (D) holding that the lack of evidence that the magistrate judge examined the trial transcript in its sufficiencyoftheevidence analysis left the court no alternative but to reverse the denial of habeas relief and remand for review of the transcript (E) holding that failure to review the evidence presented to the magistrate and failure even to have a transcript filed with the district court  was reversible error
answer:

holding that any error was harmless and thus not plain error


