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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: that, although the trial court was initially prepared to suppress based solely on the deputies' conduct in providing Gomez's name, the court ultimately applied the Neil factors and, finding that the identification was unreliable, ruled the state failed to establish that the witness' recollection was independent of the suggestive identification. On these facts, the trial court could properly conclude that it was unnecessarily suggestive for the victims to be provided the defendant's name and resulting access to his photo on the website before having any opportunity to identify him, thus giving rise to a substantial likelihood of irreparable misidentification. See generally Fitzpatrick v. State, 900 So.2d 495, 518 (Fla.2005)(quoting Washington v. State, 653 So.2d 362, 365 (Fla.1994)) (<HOLDING>); Johnson v. State, 566 So.2d 888, 890 (Fla.
Holding statements: (A) holding that showup identification proce dure was not unduly suggestive where officer said to eyewitness we got two guys in the car similar to the ones you told us about (B) holding that unprovoked flight is not necessarily indicative of wrongdoing but it is certainly suggestive of such (C) holding showing of a single photo is unduly suggestive (D) holding that showup identification procedure was not unduly suggestive where defendant was handcuffed and placed under police spotlight (E) holding due process requires suppression of testimony regarding pretrial identification when procedure employed is impermissibly suggestive

SOLUTION: (C)

PROBLEM: the genus of goods or services for which it seeks protection. See 15 U.S.C. 1051(a)(2), (b)(2); 37 C.F.R. 2.32(a)(6), 2.71(a); TMEP 1402.01; see also Stone Lion Capital Partners, L.P. v. Lion Capital LLP, 746 F.3d 1317, 1324 (Fed.Cir.2014) ("Parties that choose to recite services in their trademark application that exceed their actual services will be held to the broader scope of the application."); Octocom Sys., 918 F.2d at 942 ("[R]egistrability of an applicant's mark must be decided on the basis of the identification of goods set forth in the application.... "). The PTO will generally accept any identification of goods or services so long as it is "specific, definite, clear, accurate, and concise." TMEP 1402.01; see also In re Omega SA 494 F.3d 1362, 1365 (Fed.Cir.2007) (<HOLDING>) (quoting In re Water Gremlin Co., 635 F.2d
Holding statements: (A) holding that relators failure to meet the particularity requirements of rule 9b did not bar his claim where the relator was a former employee of the defendants and lacked access to records and documents in the possession of the defendants that contained information necessary to plead with particularity (B) holding that the concerns that require fraud to be pleaded with particularity are even more urgent in a civil rico action (C) holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant (D) holding that it is within the discretion of the pto to require that ones goods be identified with particularity in a trademark application (E) holding that a rule 10b5 claim must be stated with particularity

SOLUTION: (D)

PROBLEM: contractual, measures of recovery. Id. 14 . In the Roberdeau case, the insurer paid for $575 of repairs to the insured's station wagon after it was damaged in a collision. See 231 S.W.2d at 949. The insurer then offered to pay $475 (the amount of repairs minus the $100 deductible). See id. The policy stated that the insurer's limit of liability would not exceed the vehicle's actual cash value nor the cost to repair or replace the vehicle with another of like kind and quality. As here, the policy also gave the insurer the option of paying for the loss in money or paying for repair or replacement. See id. at 950. The insured refused the offer and sued the insurer for the difference between the vehicle's actual cash value before and afte d Cas. Co. v. Watson, 298 P.2d 762, 767 (Okla.1956) (<HOLDING>); Barton v. Fanners Ins. Exch., 255 S.W.2d 451,
Holding statements: (A) holding that to find the measure of damages as the difference in market value immediately before and after the collision would be arbitrarily reading out of the policy the right of defendant to make repairs or replace the damaged part with materials of like kind and quality (B) holding that if repairs to a firedamaged vehicle with parts of like kind and quality would not restore the vehicle to its former market value the proper measure of damages was the difference in market value before and after the loss (C) holding that unless the collision resulted in a total loss the measure of recovery is the difference between the fair market value of the vehicle in the condition in which it was immediately prior to the collision and its value thereafter (D) holding there cannot be a complete restoration of the property unless it can be said that there has been no diminution of value after repair of the car and adding that the appropriate and fair measure of damages could be achieved by awarding either the difference between the fair cash value of the car before and after the collision or similarly the cost of repairs plus any diminution in value (E) holding the measure of damages is the difference between the value of the automobile prior to the upset and its value when prepared and presented to the plaintiff for acceptance

SOLUTION:
(C)