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: 27 . State v. Davenport, 510 P.2d 78, 82 n. 8 (Alaska 1973), quoting United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 746, 13 L.Ed.2d 684 (1965). 28 . Williams v. State, 737 P.2d 360, 362 (Alaska App.1987). 29 . Davenport, 510 P.2d at 80. 30 . Id. at 82 & n. 8. 31 . - See Landon v. State, 941 P.2d 186, 190 (Alaska App.1997); Stam v. State, 925 P.2d 668, 670 (Alaska App.1996) (when assessing the trustworthiness of hearsay information contained in a search warrant application, courts presume that police officers and citizen informants are credible sources of information}. 32 . Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). See State v. Jones, 706 P.2d 317, 322-25 (Alaska 1985) 
 Holding statements: (A) holding that evidence obtained by improper search or seizure is inadmissible (B) holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause (C) holding that the admission of evidence obtained as a result of an illegal search and seizure is subject to a harmlesserror analysis (D) holding as a matter of law that adaptations of subject matter or expressions in the public domain cannot support a finding of copyright infringement (E) holding that as a matter of state law the aguilarspinelli test continues to govern the evaluation of hearsay information offered to support a search or seizure

SOLUTION: (E)

PROBLEM: abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 3. Inflict bodily harm upon or to terrorize the victim or another person. 2 . Faison v. State, 426 So.2d 963, 965-66 (Fla.1983). 3 . See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), cert. denied, 503 U.S. 1009, 112 S.Ct. 1773, 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (<HOLDING>), superseded by statute as recognized in Davis 
 Holding statements: (A) holding that when the legislature intends to punish separate acts even ones in close temporal proximity the blockburger test does not apply because the precondition for employing that test that the two offenses involve the same conduct is absent (B) holding that the right to control the means by which the work is accomplished is clearly the most significant test of the employment relationship and observing that many of the other factors enumerated in the restatement second are merely evidentiary indicia of the right to control (C) recognizing that other courts have found the type of test reliable but finding that this particular urinalysis test was unreliable since the lab did not perform a backup test or identify lab test results and state left questions about how probationers diabetes affected the results (D) holding that the faison test does not apply to false imprisonment and observing that the test has no application when the charge alleges that the defendant kidnapped the victim with any of the other specific intentions identified in  78701lal 3 or 4 (E) holding that a defendant charged with kidnapping with the intent to inflict bodily harm upon or terrorize the victim is not entitled to a faison instruction

SOLUTION: (D)

PROBLEM: 918 F.2d 154, 159 (11th Cir.1990). A district court should grant a preliminary injunction only if the movant clearly shows: 1. a substantial likelihood that the mov-ant will prevail on the merits; 2. that the movant will suffer irreparable injury if an injunction is, not issued; 3. that the potential injury to the mov-ant outweighs the possible harm to the nonmovant; and 4. that the injunction would not be adverse to the public interest. Id. This Court will address each element in turn. 1. SUBSTANTIAL LIKELIHOOD OF SUCCESS ON THE MERITS To begin, the instant ease is controlled by this Court’s decision in Luckie v. Smith Barney, 766 F.Supp. 1116 (M.D.Fla.1991). In Luckie, the plaintiffs filed a complaint with AAA pursuant to the AMEX Window. Id. The defendants argued th 2nd Cir.1990) (<HOLDING>). Also, in Merrill Lynch v. Noonan, [Current] 
 Holding statements: (A) holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement (B) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (C) holding that the arbitration provision naming particular arbitration fora superseded the amex constitution closed the amex window and precluded arbitration before aaa who was not named in the arbitration provision (D) holding that an arbitration agreement is separable from the underlying agreement (E) holding that a specific customer agreement can supersede the amex constitution and requiring arbitration before one of the fora named in the agreement

SOLUTION:
(E)