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.
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Question: good or replace the loss caused by the wrong or injury * * Black’s Law Dictionary 390 (6th ed. 1990) (emphasis added); see also Restatement (Second) Torts § 903 (defining compensatory damages as “damages awarded to a person as compensation, indemnity or restitution for harm sustained by him”); Webster’s Third New Int’l Dictionary 463 (3rd ed. 1961) (defining compensatory damages as “damages awarded to make good or compensate for an injury sus tained — distinguished from punitive damages ”). When civil rights plaintiffs seek “damages for violations of constitutional rights, the level of damages is ordinarily determined according to principles derived from the common law of torts.” Memphis Community School Dist. v. Stachura, 477 U.S. 299, 306, 106 S.Ct. 2537, 2542, 91 L.Ed.2d 249 (1986) (<HOLDING>). “Punitive damages aside, damages in tort 
 Holding statements: (A) holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages (B) holding that punitive damages which are based on the same underlying action justifying nondischargeability of compensatory damages are likewise nondischargeable (C) holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated (D) holding that damages based on the abstract value of constitutional rights are not a permissible element of compensatory damages in action under civil rights act of 1871 (E) holding that damages based on the abstract value or importance of constitutional rights are not a permissible element of compensatory damages in such cases

Answer: holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages


Question: Covenant Media of South Carolina, LLC v. City of North Charleston, 493 F.3d 421 (4th Cir.2007) (city regulation was revised during the litigation to include a time limit for reviewing permits; however the court still found standing because Covenant had suffered an injury by the City’s application of the original unconstitutional ordinance that is redressable at least by nominal damages); Boulder Sign Co. v. City of Boulder City, Nevada, 281 Fed.Appx. 701 (9th Cir.2008) (City passed an ordinance banning all billboards while sign company was challenging size restrictions of the original ordinance; court found no standing because sign company’s alleged injury cannot be redressed by a favorable decision.); Coral Springs St. Sys. v. City of Sunrise, 371 F.3d 1320 (11th Cir.2004) (<HOLDING>); Granite State Outdoor Adven, Inc. v. 
 Holding statements: (A) recognizing that the zoning code of a homerule city is a legislative enactment (B) recognizing that code is speech (C) recognizing that source code is speech but not reaching the object code issue (D) holding that the challenge to the sign code is moot because the original code was repealed and superseded and there was no reasonable likelihood the city would reenact the old code (E) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law

Answer: recognizing that the zoning code of a homerule city is a legislative enactment


Question: exclusively on this Court’s decision in Brooks, which held that trial counsel was ineffective when he failed to meet with his capital client personally prior to trial. It emphasizes that Brooks was decided in 2003, nine years after Elliott’s 1994 trial, and created a duty for capital counsel that did not previously exist, thereby constituting a new development in the case law that was unknown to both trial and appellate counsel. Thus, the Commonwealth argues that trial counsel cannot be deemed ineffective for abdicating a non-existent duty, and appellate counsel could not have been ineffective in failing to challenge trial counsel’s stewardship, which, at the time, was considered to be constitutionally sufficient. See Commonwealth v. Harvey, 571 Pa. 533, 812 A.2d 1190, 1196-97 (2002) (<HOLDING>) (citing Commonwealth v. Bundy, 491 Pa. 607, 
 Holding statements: (A) holding that it is well settled that the amount of time an attorney spends consulting with his client before trial is not by itself a legitimate basis for inferring the total extent of counsels pretrial preparation much less the adequacy of counsels preparation (B) holding that counsels total failure to conduct pretrial discovery constituted ineffective assistance (C) holding that total denial of compensation is the only appropriate sanction for nondisclosure of all facts bearing upon counsels eligibility and all connections with debtor including counsels retainer agreement (D) holding that the time actually spent by counsel with the accused discussing his case is not necessarily related to and affords no basis for inferring the extent of total trial preparation (E) holding an attorney is an agent of the client and therefore cannot conspire with the client

Answer:
holding that counsels total failure to conduct pretrial discovery constituted ineffective assistance