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: stored on a BBS pending delivery). Because subsection (A) applies only to messages in “temporary, intermediate storage,” however, these courts have limited that subsection’s coverage to messages not yet delivered to their intended recipient. See DoubleClick, 154 F.Supp.2d at 512; Fraser, 135 F.Supp.2d at 636. Defendants point to these cases and argue that messages remaining on an ISP’s server after delivery no longer fall within the Act’s coverage. But, even if such messages are not within the purview of subsection (A), they do fit comfortably within subsection (B). There is no dispute that messages remaining on NetGate’s server after delivery are stored “by an electronic communication service” within the meaning of 18 U.S.C. § 2510(17)(B). Cf. DoubleClick, 154 F.Supp.2d at 511 (<HOLDING>). The only issue, then, is whether the messages 
 Holding statements: (A) holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca (B) holding that email messages stored on a computer but not yet read were in electronic storage (C) holding that an individuals reasonable expectation of privacy in the content of email communications is not vitiated by an understanding that the thirdparty service provider will maintain independent access to them noting that electronic communication is as important to fourth amendment principles today as protecting telephone conversations has been in the past (D) holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff (E) holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service

Answer: holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca


Question: State v. Gill, 47 N.J. 441, 444, 221 A.2d 521 (1966))); Twp. of Pennsauken v. Schad, 160 N.J. 156, 170, 733 A.2d 1159 (1999). Our construction of N.J.S.A 39:4-88(b) is thus consonant with established principles of statutory construction. | IV. Applying statutes that are identical or very similar to the statute before the Court, courts of other states have reached varying conclusions. Several decisions have construed analogous statutes to describe two offenses, as this Court construes N.J.S.A 39:4-88(b). See People v. Butler, 81 Cal.App.3d Supp. 6, 146 Cal.Rptr. 856, 857 (Cal.Ct.App.1978) (construing Cal. Veh.Code § 21658 to state “two affirmative duties placed upon the operator of a motor vehicle”); People v. Smith, 172 Ill.2d 289, 216 Ill.Dec. 658, 665 N.E.2d 1215, 1218 (1996) (<HOLDING>); State v. Marx, 289 Kan. 657, 215 P.3d 601, 
 Holding statements: (A) holding that congress envisioned two separate petitions filed to review two separate final orders (B) holding that plain language of 625 ill comp stat ann 511709 establishes two separate requirements for lane usage (C) holding when ordinance language is clear courts must give language its plain meaning (D) holding that in context of motion for reconsideration or to reopen congress envisioned two separate timely petitions for review of two separate final orders (E) holding that the evidence supported two separate convictions and punishments for two attempted robberies of two different victims who suffered separate and distinct harms

Answer: holding that congress envisioned two separate petitions filed to review two separate final orders


Question: of which are local and some out of State.” Camps Newfound/Owatonna, Inc. v. Town of Harrison, 520 U.S. 564, 585-86, 117 S.Ct. 1590, 137 L.Ed.2d 852 (1997). Thus, as the Court stated, “[f]or purposes of Commerce Clause analysis, any categorical distinction between the activities of profit-making enterprises and not-for-profit entities is ... wholly illusory.” Id. at 586, 117 S.Ct. 1590. Similarly, government institutions not only can affect interstate commerce but also can be direct participants in interstate commerce. The Supreme Court has noted on several occasions the impact that certain federal, state, and local government institutions can have on interstate commerce. See Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528, 537, 547-48, 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985) (<HOLDING>). Governments in general, and individual 
 Holding statements: (A) holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce (B) holding that the inability to proceed as a class does not deprive plaintiffs of substantive rights under the fair labor standards act flsa (C) holding claims based on the fair labor standards act subject to arbitration (D) holding that a religious foundation is an enterprise engaged in commerce or in the production of goods for commerce within the meaning of the fair labor standards act (E) holding that application of fair labor standards act flsa to transportation employees employed by local government does not contravene the commerce clause because labor conditions of those employees affect interstate commerce

Answer:
holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce