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: F.3d 608, 612 (5th Cir.1996)). We conclude that, although the district court erroneously determined that the principles of Daubert did not apply to the re-creation and Agent Constantino’s testimony, the district court did not err in admitting the evidence. Under Daubert, the district court conducts a “preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.” Daubert, 113 S.Ct. at 2796; see Fed.R.Evid. 702 . This “gate-keeping” obligation on the part of the district court applies to all types of expert testimony, not just scientific testimony. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 1174, 143 L.Ed.2d 238 (1999) (<HOLDING>). Many factors may bear on this inquiry, 
 Holding statements: (A) holding that dauberts basic gatekeeping obligation  applies to all expert testimony (B) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (C) recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract (D) holding that insurance obligation was primary to indemnity obligation (E) holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions

SOLUTION: holding that the admission of expert testimony was prejudicial where the testimony was pervasive

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: private property in the Fifth Amendment presupposes that it is wanted for public use, but provides that it shall not be taken for such use without compensation .... The general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it .will be recognized as a taking. 260 U.S. at 415, 43 S.Ct. at 160. The seminal case regarding the constitutionality of zoning ordinances is Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 47 S.Ct. 114, 71 L.Ed. 303 (1926). The Supreme Court first noted that zoning ordinances were, at that time, of recent vintage predating the case by approximately twenty-five years. 272 U.S. at 386, 47 S.Ct. at 117. See Hadacheck v. Sebastian, 239 U.S. 394, 36 S.Ct. 143, 60 L.Ed. 348 (1915). The Euclid 60 (E.D.N.Y.1992) (<HOLDING>); Kasdon v. G.W. Zierden Landscaping, Inc., 541 
 Holding statements: (A) holding that cases claiming that government action requires just compensation must be determined on an ad hoc  basis (B) holding that whether an exchange is substantially contemporaneous must be determined on a casebycase basis (C) holding state of the law must be determined at time of challenged action (D) holding that detailed exhaustion scheme of the civil rights of institutionalized persons act cripa is inconsistent with discretion to impose on an ad hoc basis a judicially developed exhaustion rule in other cases (E) holding that to constitute an enterprise under rico the enterprises structure must provide some mechanism for controlling and directing the affairs of the group on an ongoing rather than an ad hoc basis

SOLUTION:
holding that whether an exchange is substantially contemporaneous must be determined on a casebycase basis