instruction:
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.
question:
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
answer:
holding that suppression of secondary evidence depends on whether the police obtained the evidence through an exploitation of the prior illegality


question:
reasonably necessary. We affirm. Jurisdiction in the district court was proper based upon 18 U.S.C. § 3231. Jurisdiction in this court is proper based upon 28 U.S.C. § 1291. The notice of appeal was timely filed pursuant to Fed. ít.App. P. 4(b). Background In the underlying criminal matter, defendant was indicted on August 22, 1995, on one count of possession of materials involving the sexual exploitation of a minor, in violation of 18 U.S.C. § 2252(a)(4)(B). The indictment was based on three sexually explicit photographs, found in defendant’s home, which he had taken of his twelve-year-old stepdaughter. Defendant was tried before a jury and found guilty. On appeal, this court vacated the conviction based upon an evidentiary issue. United States v. Heidebur, 122 F.3d 577 (8th Cir.1997) (<HOLDING>). On remand, defendant pled guilty. On January 
 Holding statements: (A) holding that district courts admission of evidence that defendant had sexually molested his stepdaughter was improper because it showed propensity and was not probative of his knowing possession of the photographs (B) holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice (C) recognizing trial courts discretion in weighing the allegedlyimproper prejudicial aspects of photographs of victims against the photographs probative value (D) holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with (E) holding that district courts findings were not clearly erroneous where there was  sufficient evidence  that the defendants waiver of his rights was knowing and intelligent
answer:
holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice


question:
sources of its hearsay, this member of the Court sees no reason to deprive them of these opportunities for the sheer sake of expediency. Finally, the Court is far from convinced that it should defer questions of admissibility until all of the government’s evidence has been considered on the theory that “the reliability of a particular piece of evidence will generally depend on how it fits within the evidence as a whole.” Gov’t’s Mem. at 3. This suggested approach is a direct inversion of what takes place in any other kind of adjudicative process, where factual findings are made on the basis of admissible evidence, not the other way around. See Concrete Pipe & Prods. of Cal., Inc. v. Constr. Laborers Pension Trust for S. Cal., 508 U.S. 602, 622, 113 S.Ct. 2264, 124 L.Ed.2d 539 (1993) (<HOLDING>). Ultimately, attempting to determine the 
 Holding statements: (A) holding that the proper standard of proof is preponderance of the evidence (B) holding that the burden of persuasion by a preponderance of the evidence remains with the movant (C) holding that there must be sufficient competent evidence from which the trier of fact could estimate the amount of damages with a reasonable degree of certainty (D) holding that the district court determines the amount of loss under the preponderance of the evidence standard (E) holding that with respect to the preponderance of the evidence standard before any such burden can be satisfied in the first instance the factfinder must evaluate the raw evidence finding it to be sufficiently reliable and sufficiently probative to demonstrate the truth of the asserted proposition with the requisite degree of certainty
answer:

holding that the proper standard of proof is preponderance of the evidence