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.

Input: Consider Input: 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

Output: holding that congress envisioned two separate petitions filed to review two separate final orders

Input: Consider Input: WTT Project area as defined by the Corps. NEF contends that we need not consider the State's argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. "Rule 59(e) motions are 'aimed at reconsideration, not initial consideration.' " FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant's argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts
Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

Output: holding that the appellant waived an argument listed only in his summary of the argument

Input: Consider Input: that the social history is not. Accordingly, the social history is not discoverable. The court also concludes that the letter is not protected by the psychotherapist-patient privilege because it was disclosed to a third party, and Officer Draper could not have had a reasonable expectation of privacy as to the letter. Accordingly, the court concludes that the letter is discoverable. Conversely, Officer Draper has a reasonable expectation of privacy as to the PTSD interview. Unlike the letter, the PTSD interview was not disclosed to the Ogden City Police Department. Accordingly, the court concludes that the psychotherapist-patient privilege applies to the PTSD interview, and therefore, it is not subject to discovery. See e.g., Caver v. City of Trenton, 192 F.R.D. 154, 162 (D.N.J.2000) (<HOLDING>); Williams v. District of Columbia, No. CIV. A.
Holding statements: (A) holding that the psychotherapistpatient privilege applied to mandatory postshooting evaluation where no confidential information was disclosed by the psychologist to the police chief but only a yes or no as to whether the officer was fit to return to duty (B) holding that the psychotherapistpatient privilege applied where an officer was required to undergo a psychological evaluation after killing a suspect and the psychotherapist merely opined whether the officer was fit to return to duty (C) holding that an exception to the general rule applied when counsel asked the court whether its ruling was the final order of the court and the court responded yes (D) holding the chief of police was an atwill employee because the parties agreed that the chief of police was an appointed officer and the citys charter stated that officers shall be appointed and may be removed by the mayor with consent of the council (E) holding that statements made only to supervisor and chief by police officer were matters of public concern
Output: holding that the psychotherapistpatient privilege applied where an officer was required to undergo a psychological evaluation after killing a suspect and the psychotherapist merely opined whether the officer was fit to return to duty