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: 620, 622 (La.App.1967) (same). Takings of temporary easements are measured differently. A landowner must be compensated for the loss of use of property taken by a temporary easement and any impairment of access to the property during the period of construction. Miczek v. Commonwealth, 32 Mass.App. Ct. 105, 108, 586 N.E.2d 1004, 1005 (1992) (involving temporary slope easement). Some courts have held that the damages are equal to the rental value of the property for the period of occupation. 4 Nichols at 12E.01. This is commonly measured by the rental value of the property as a whole. See Paddock v. Town of Durham, 110 N.H. 106, 108, 261 A.2d 438, 441 (1970); 4A Nichols at 14.2462. Cf. Kimball Laundry Co. v. United States, 338 U.S. 1, 8, 69 S.Ct. 1434, 1439, 93 L.Ed. 1765 (1949) (<HOLDING>). E. Miscellaneous Damages are to be measured
Holding statements: (A) holding that the proper measure of compensation in a temporary taking is the rental value that probably could have been obtained (B) holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market (C) holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure (D) holding that the proper measure of damages to repair defects for a building contract that has not been substantially performed is the contractually agreed upon measure of damages (E) holding that the proper measure of damages was the present value of all unaccrued payments that the plaintiff would have received if the contract had been performed

Answer: holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market

Question: 39:4-88(b), the mandate to drive within a single lane to the extent practicable applies, whether or not a deviation from that lane imposes a risk to another driver. The statute's second clause addresses a related, but discrete, mandate of the Code. It requires a driver to ascertain the safety of switching lanes before conducting a lane change. N.J.S.A. 39:4-88(b). Unlike the violation described in the first clause of N.J.S.A. 39:4-88(b), the violation described in the second clause is avoided if a driver, in a roadway with multiple lanes traveling in the same direction, first determines that departure from a lane may be conducted safely. The Appellate Division's limitation of N.J.S.A. 39:4-88(b) to the violation identified in the statute's second clause would render t .App.1998) (<HOLDING>). Thus, the courts of our sister states,
Holding statements: (A) holding that due regard describes a standard between ordinary care and recklessness (B) holding that tex transp code ann 545060a describes one offense (C) holding that no offense alleged where affidavit described offense as felony (D) holding that an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense (E) holding that the statute describes but one offense which can be committed by either or both of two methods

Answer: holding that due regard describes a standard between ordinary care and recklessness

Question: buys, and I didn't have a source at that point that was willing to do that. So that was not an option for me. Therefore, the way I handled it was what I felt to be the only option at that point. [MUCHNICKI]: Which is the stopstopping the van? [MYERS]: Yes. 6 . At some point during the traffic stop, Agent Myers recognized Marroquin from an earlier investigation and prosecution for passport fraud and identity theft. (Id. at 164). 7 . The Court exercises its discretion in considering Pacheco's affidavit, but assigns it less weight than live testimony given that he did not testify at the suppression hearing, thereby denying the Government the ability to cross-examine him. See United States v. Ramos, 591 F.Supp.2d 93, 113 (D. Mass. 2008). 8 . At one point, Marroquin , 1147 (8th Cir. 2007) (<HOLDING>). 11 . Pacheco also argued that his arrest was
Holding statements: (A) holding that routine booking questions do not violate the constitutional protection against self incrimination as they do not constitute interrogation (B) holding miranda inapplicable because defendant not in custody (C) holding that even if defendant were in custody a miranda violation would not require suppression of his fingerprints because the fifth amendments self incrimination clause offers no protection against compulsion to submit to fingerprinting quotation omitted (D) holding that miranda violation did not require suppression of immigrants fingerprints (E) holding that the fifth amendment did not require the suppression of the physical fruits of a miranda violation where the statement was voluntary

Answer:
holding that routine booking questions do not violate the constitutional protection against self incrimination as they do not constitute interrogation