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.

Ex 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

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


Ex Input:
by substantial evidence and whether correct legal standards were applied. See Hawkins v. Chater, 113 F.3d 1162, 1164 (10th Cir.1997). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quotation omitted). We may “neither reweigh the evidence nor substitute our judgment for that of the agency.” Casias v. Secretary of Health & Human Servs., 933 F.2d 799, 800 (10th Cir.1991). Plaintiff argues that (1) the Commissioner’s decision is not supported by substantial evidence because the ALJ ignored medical evidence of her disability; (2) the ALJ failed to analyze plaintiffs pain properly under Luna v. Bowen, 834 F.2d 161, 162-64 (10th Cir.19 95) (<HOLDING>). In this case, however, plaintiff has not 
 Holding statements: (A) holding aljs listing of factors he considered was inadequate when court was left to speculate what specific evidence led the alj to his conclusion (B) holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion (C) holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion and thus the aljs unexplained conclusion was beyond meaningful review (D) holding the record must demonstrate that the alj considered all of the evidence and the alj must discuss  the evidence supporting his decision  the uncontroverted evidence he chooses not to rely upon and significantly probative evidence he rejects (E) holding an aljs failure to adequately explain the weight given to treating sources opinions not harmless because the aljs reasoning was not sufficiently specific to make clear that the alj recognized and evaluated the treating relationships

Ex Output:
holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion


Ex Input:
their questionnaires, the District Court instructed them that [i]t is a common practice followed in many cases in the Federal court to keep the names and the identities of the jurors in confidence. This is [in] no way unusual. It is a procedure being followed in this case to protect your privacy even from the Court. United States v. Edmond, Crim. No. 89-0162, slip op. at 2 (D.D.C. Sept. 5, 1989) (Preliminary Statement To Be Read To Jury Venire) (“Preliminary Instruction”), reprinted in J.A. I 259. By instructing jurors that the use of an anonymous jury was routine, the District Court avoided the possibility that jurors would view the procedure as an extraordinary precaution signaling a threat from the defendants and, inferentially, the defendants’ guilt. See Tutino, 883 F.2d at 1133 (<HOLDING>). In addition, the District Court immediately 
 Holding statements: (A) holding that in a criminal trial the trial court must correct or amend an improper instruction if the proper instruction is necessary for the jury to understand the case (B) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (C) holding that failure to consider an improper jury instruction would constitute a miscarriage of justice (D) holding that lay opinion testimony is not admissible when the jury can readily draw the necessary inferences and conclusions without the aid of the opinion (E) holding that identical instruction was sufficient to ensure that the jury would not draw improper conclusions from the preservation of their anonymity

Ex Output:

holding that in a criminal trial the trial court must correct or amend an improper instruction if the proper instruction is necessary for the jury to understand the case