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.

Input: Consider Input: 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

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


Input: Consider Input: matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any 
 Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter

Output: recognizing that endorsement would prevail if inconsistent with policy provisions


Input: Consider Input: for April Kurzke and her two sons, Brendan and Kyle Kurzke, until December 31, 1998. 2 The order entered included the following language: IT IS FURTHER ORDERED that Defendants shall waive any potential statute of limitations defense under the laws of Germany with respect to plaintiffs' claims asserted in this action; and IT IS FURTHER ORDERED that Defendants shall consent to personal jurisdiction of the Courts of Germany with respect to plaintiffs’ claims asserted in this action and shall not use the fact that they are entities incorporated and located in the United States as a legal objection to defendants being deposed in the German action. 3 E.g., Mercier v. Sheraton Int'l, 981 F.2d 1345, 1356 (1st Cir. 1992), cert. denied, 508 U.S. 912, 113 S.Ct. 2346, 124 L.Ed.2d 255 (1993) (<HOLDING>); Contact Lumber Co. v. P.T. Moges Shipping 
 Holding statements: (A) holding that a district court has discretion to grant a defendants forum non conveniens motion to transfer before disposing of any other threshold challenges (B) holding that the jones act does not preempt state law in applying the doctrine of forum non conveniens and thus state law governs (C) holding that issue concerning forum non conveniens decision was not suitable for interlocutory appeal in part because a forum non conveniens decision is inherently factsensitive (D) holding that a district court may dismiss based on forum non conveniens without first addressing personal jurisdiction (E) holding that the unavailability absent compulsory process of a witness would result in serious injustice thus was a sufficient factor in granting the forum non conveniens motion


Output: holding that a district court has discretion to grant a defendants forum non conveniens motion to transfer before disposing of any other threshold challenges