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.
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Question: automobiles are likewise per se reasonable given probable cause, then by the same logic any search or seizure could be carried out without a warrant, and we would simply have read the Fourth Amendment out of the Constitution"). The Court cannot allow law enforcement to emasculate well settled constitutional protections in order to cure their own mistake. 9 . The Court notes that the Supreme Court has implied that exigent circumstances are never necessary to justify a warrantless search, but has never expressly stated such a conclusion without first noting that the vehicle in question was somehow readily mobile. See Search And Seizure, supra at 477-81, 91 S.Ct. 2022. As a result, lower courts have split when interpreting its meaning. See United States v. Reed, 26 F.3d 523 (5th Cir.1994) (<HOLDING>); United States v. Reis, 906 F.2d 284 (7th
Holding statements: (A) recognizing that among the circumstances accepted as providing exigent circumstances for a warrantless search are those where a true emergency exists (B) holding that officers cannot base a warrantless search on an exigent circumstance of their own creation (C) holding that the searehincidenttoalawfularrest rule does not apply to a warrantless search that provides the probable cause for the subsequent arrest because one cannot justify the arrest by the search and then simultaneously justify the search by the arrest (D) holding that camey notwithstanding the fact that a car is moveable alone is not sufficiently exigent circumstances to justify a warrantless search (E) holding that parole status alone is insufficient to justify search of a parolee

Answer: (D)

Question: pre-estimate may in fact operate as a penalty and become unenforceable is shown by the fact that even though the sum fixed as compensation for each day's delay ... is held to be a reasonable provision for liquidated damages and to be enforceable, no court will permit it to go on operating forever. 11 Corbin on Contracts, supra, 58:21 at 523. That treatise then observes that there is "some lack of uniformity in the method of determining this time limit." Id. In general, there are two rules that courts have applied to this predicament. Some courts have held that a liquidated damages clause is inapplicable when a contractor has completely abandoned a project. See, e.g., City of Elmira v. Larry Walter, Inc., 76 N.Y.2d 912, 563 N.Y.S.2d 45, 564 N.E.2d 655, 656 (1990) (per curiam) (<HOLDING>). Others have held that, when a contractor has
Holding statements: (A) holding that prejudgment interest should not be added to damages awarded for misrepresentation because the amount of damages were not liquidated or ascertainable before the verdict (B) holding that language of contract did not limit plaintiffs recovery to liquidated damages (C) holding that liquidated damages under the adea are intended to punish and deter while contrasting them to the legislative purpose of liquidated damages under the fsla (D) holding that because liquidated damages under the adea are punitive in nature a jurys award of state punitive damages and adea liquidated damages constitutes a double recovery and therefore reducing the total recovery by the amount of the liquidated damages award (E) holding that in the absence of clear and unambiguous language indicating that liquidated damages clause was intended to apply to contractors outright abandonment of the project no such damages should be awarded

Answer: (E)

Question: In re Schmaling, 783 F.2d 680, 683 (7th Cir.1986); see also In re Schneider, 864 F.2d 683 (10th Cir.1988); In re Boyett, 250 B.R. 817, 822 (Bankr. S.D.Ga.2000); In re White, No. BRL88-00971C, 1989 WL 146417 (Bankr.N.D.Iowa Oct.27, 1989); In re Kruse, 35 B.R. 958 (Bankr.D.Kan.1983); Conagra, Inc. v. Farmers State Bank, 237 Mich.App. 109, 602 N.W.2d 390 (Mich.App.1999). A Texas bankruptcy case, frequently cited in this connection, explained that, "the disaster payments are merely the substitute proceeds of the crop which logically would have been received had the disaster or low yields not occurred." In re Nivens, 22 B.R. 287, 291 (Bankr.N.D.Tex.1982). Nivens 's reasoning was adopted by the Texas Supreme Court in Sweetwater Prod. Credit Ass'n, v. O'Briant, 764 S.W.2d 230 (Tex.1988)(<HOLDING>). The conclusion of these courts that federal
Holding statements: (A) holding student loan proceeds did not lose exempt status after excess of proceeds after payment of tuition and fees was deposited in students bank account (B) holding the real estate sale proceeds (C) holding payment in kind contracts are proceeds (D) holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous (E) holding that at will contracts of employment are subject to tortious interference with contracts claims

Answer:
(C)