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: 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: a factor listed in this subpart, departure from the applicable guideline range is warranted only if the factor is present to a degree substantially in excess of that which ordinarily is involved in the offense. U.S.S.G. 5K2.0, p.s. Indeed, we have recognized the possibility of departure beyond the adjustments made available by U.S.S.G. 3B1.1 (aggravating role) and 3B1.2 (mitigating role), based upon a defendant's extraordinary role with respect to the offense of conviction. See United States v. Joyner, 924 F.2d 454, 461 (2d Cir.1991) (acknowledging possibility of role "so extraordinarily minute that [defendants] deserved a departure beyond the four-level maximum reduction available for 'minimal' participation"); United States v. Colon, 905 F.2d 580, 585-86 (2d Cir.1990) (<HOLDING>); cf. United States v. Bierley, 922 F.2d 1061,
Holding statements: (A) recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense (B) holding that within these parameters apprendi permits an upward adjustment for a defendants role in a drugtrafficking conspiracy (C) recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense (D) holding that role in the offense is a factual determination albeit complex a district courts decision not to apply an adjustment based on such a determination is reversed only for clear error (E) holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment

Answer: recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense

Question: of the use of the land [were] restricted to a small, select number" of individuals chosen by the foundation for "their own reasons," the property was not being put to a "public use." Id. 12. The same holds true here. Those who seek to benefit from the use of VSC's property must file an application, and VSC exercises sole discretion in determining who qualifies. The fact that the application process is open "to the entire world" is of no moment. Certainly, the same can be said for the applicants in Vermont Wild Land. What is significant is the existence of VSC's screening process and the restrictions it imposes on those who can benefit from the primary use of the property. This is the hallmark of a "private" as opposed to a "public" use. See Sigler, 174 Vt. at 134, 807 A.2d at 447 (<HOLDING>). VSC's beneficiaries share a proficiency in
Holding statements: (A) recognizing that a limited liability company has the citizenship of its membership (B) holding that the doctrine of equitable estoppel does not apply fully against the government because the possibility of harm to a private party is often if not always grossly outweighed by the public interest in enforcement of congressionally mandated public policy (C) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (D) recognizing that leased property is exempt from taxation where the lessee uses it for a public purpose (E) recognizing that unlike public uses private uses of property are characterized by the benefits bestowed on a particular and most often limited sector of the public usually distinguishable by certain characteristics or membership

Answer:
recognizing that a limited liability company has the citizenship of its membership