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: purpose, we would have some authority to solve taxpayer’s problem. See Rhodes, 166 Vt. at 157, 688 A.2d at 1311 (noting that, to invoke impossibility rule, party “must dem onstrate why this Court should not construe the statute in its ordinary sense or why the consequences of such construction will cause hardship or constitute impossibility”). But our standard under this prudential rule is very limited and does not ordinarily extend to making choices, among many available, to solve the problem. There is simply no way to construe the statute to allow a transfer that occurred 319 days after an LLC’s articles of organization were filed without reading the words “at the time of formation” out of the statute. See Colwell v. Allstate Ins. Co., 2003 VT 5, ¶ 15, 175 Vt. 61, 819 A.2d 727 (<HOLDING>). ¶23. It is true that the Department’s 
 Holding statements: (A) holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case (B) recognizing that though statute at hand does not fully address the problem legislature intended to address in view of the number of choices available to solve the problem    this is an inappropriate case for the court to fashion the particular remedy appellants seek because to do so would place court in the position of making policy choices best left to legislature (C) holding that in order for there to be state debt in the constitutional sense one legislature in effect must obligate a future legislature to appropriate funds to discharge the debt created by the first legislature (D) holding that considering an amendment is not the time to address the merits of a case (E) holding that the court assumes the legislature acquiesced in our interpretation of the language because the legislature had not amended the language

SOLUTION: holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case

PROBLEM: that it can be restored, as when a house suffers smoke and water damage in a fire, the tort-feasor is liable for the costs of restoring the property to its former condition, up to the total value of the property. Applying these rules to fire-damaged trees is problematic. Is it the loss of the tree that is permanent, or the loss to the real estate? A tree that has burned and is dead is permanently destroyed, but the land on which the tree was located can be restored, either immediately by bringing in a fully grown tree or by planting a sapling. The question of “permanent” versus “temporary” damage is ultimately less helpful than the question of how the trees were used and their intrinsic value to the property. See, e.g., Mosteller v. Naiman, 416 N.J. Super. 632, 638, 7 A.3d 803 (2010) (<HOLDING>). One legal encyclopedia explains the use-value 
 Holding statements: (A) recognizing that quantifying damages for trees is a  complex subject  that depends upon the evidence in the particular case  (B) holding that suppression of secondary evidence depends on whether the police obtained the evidence through an exploitation of the prior illegality (C) recognizing that moving to the second stage of the saucier analysis is appropriate when the existence of a constitutional violation depends upon the resolution of uncertain state law (D) holding that the question whether section 3553b permits departure in some particular case is subject to plenary review (E) holding that the denial of due process in a particular case is subject to harmless error analysis

SOLUTION: holding that suppression of secondary evidence depends on whether the police obtained the evidence through an exploitation of the prior illegality

PROBLEM: leadership enhancement, arguing on appeal that he performed only the functions of a street-level drug dealer, the lowest rung on a drug-conspiracy ladder. Erasto challenges the district court’s application of the section 3B1.4 use of a minor enhancement, arguing on appeal that A.G.’s presence at a drug deal conducted by he and Pedro was not legally sufficient to support that enhancement. Consistent with our circuit precedent in Savillon-Matute and Hargrove, rather than review the merits of each of these challenges, we may proceed directly to an “assumed error harmlessness inquiry.” Hargrove, 701 F.3d at 162. In Savillon-Matute, we held that harmless error review applies to a district court’s procedural sentencing errors made during its Guidelines calculation. 636 F.3d at 123-24 (<HOLDING>). A Guidelines error is considered harmless if 
 Holding statements: (A) holding that regulations that are unrelated to the content of speech are subject to an intermediate level of scrutiny quoting turner broad sys inc v fed commcn commn 512 us 622 642 114 sct 2445 129 led2d 497 1994 plurality opinion (B) holding that the rule announced in simmons v south carolina 512 us 154 114 sct 2187 129 led2d 133 1994 doesnt apply retroactively on collateral review (C) holding that procedural errors at sentencing  are routinely subject to harmlessness review  quoting puckett v united states 556 us 129 141 129 sct 1423 173 led2d 266 2009 (D) holding on the basis of melendezdiaz v massachusetts  us  129 sct 2527 174 led2d 314 2009 that a certificate of norecord is testimonial (E) recognizing that references to and descriptions of the jurys verdict as advisory as a recommendation and of the judge as the final sentencing authority are permissible under romano v oklahoma 512 us 1 114 sct 2004 129 led2d 1 1994

SOLUTION:
holding that regulations that are unrelated to the content of speech are subject to an intermediate level of scrutiny quoting turner broad sys inc v fed commcn commn 512 us 622 642 114 sct 2445 129 led2d 497 1994 plurality opinion