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: marks and citations omitted). {12} We are unconvinced that application of Texas law to determine whether the parties agreed to arbitrate would violate any fundamental principle, or public policy of New Mexico, nor are we convinced that the outcome of this determination would differ, depending upon whether we applied the law of Texas or New Mexico. Under Texas law, any doubts about whether there is an agreement to arbitrate must be resolved in favor of arbitration. See Dell, Inc. v. Muniz, 163 S.W.3d 177, 181 (Tex.App.2005); AutoNation USA Corp. v. Leroy, 105 S.W.3d 190, 195 (Tex.App.2003). It is not clear that New Mexico has applied the same presumption to this initial determination of whether the parties agreed to arbitrate. See DeArmond, 2003-NMCA-148, ¶ 8, 134 N.M. 630, 81 P.3d 573 (<HOLDING>). {13} Even though the presumption in favor of 
 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 once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration (C) recognizing that a legally enforceable contract is still a prerequisite for arbitration and characterizing the holding in first options of chicago inc v kaplan 514 us 938 94445 115 sct 1920 131 led2d 985 1995 as stating that the presumption in favor of arbitration is reversed when there is a dispute as to the existence of an agreement (D) recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement (E) 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

Answer: 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


Question: Apr. 14, 2011). Accord Wright v. Goord, 554 F.3d 255, 274 (2d Cir.2009) (dismissing a retaliation claim whose only causal basis was a letter that plaintiff wrote many weeks before the allegedly retaliatory acts, implicating officers other than named defendants). See also Def. Mem. at 11 ("[A] claim that one defendant took action against the plaintiff in retaliation for a complaint made against a different [officer] [should be] viewed with particular skepticism."). 40 . Def, Mem. at 17. 41 . See id. (citing exclusively to Eighth Amendment cases). 42 .Id. 43 . See Wright, 554 F.3d at 274. 44 . Def. Mem. at 18. 45 . Def. Mem. at 19. 46 . Davis, 320 F.3d at 353. 47 . Dawes, 239 F.3d at 493. 48 . Compare Hofelich v. Ercole, No. 06 Civ. 1369, 2010 WL 1459740, at *2 (S.D.N.Y. Apr. 10, 2010) (<HOLDING>), with Rembert v. Cheverko, No. 12 Civ. 9196, 
 Holding statements: (A) holding that the plaintiffs placement on paid administrative leave constituted an adverse action for purposes of a first amendment retaliation claim (B) holding that a verbal threat of being fired is not an adverse employment action for purposes of title vii (C) holding that verbal threats if they are specific can constitute adverse action for retaliation purposes (D) holding that a suspension with pay may constitute materially adverse action for the purposes of retaliation claims depending on the facts of the case (E) holding that a transfer of job duties can constitute an adverse employment action

Answer: holding that the plaintiffs placement on paid administrative leave constituted an adverse action for purposes of a first amendment retaliation claim


Question: on the merits. As the post-conviction court recognized, the trial court never formally accepted appellant’s plea. Because there was no formal acceptance, and sentence had not yet been pronounced, appellant had a right to withdraw his plea without any justification for doing so. See Fla. R. Crim. P. 3.172(g); see also Campbell, at 739. He attempted to assert this right, both independently and through his attorney, to no avail. Counsel was deficient in failing to adopt and present appellant’s motions to withdraw the plea because, under these circumstances, appellant had an affirmative right to withdraw the plea, and counsel’s failure to correctly advise or advocate appellant’s desire in this instance constitutes deficient performance. See Puglisi v. State, 112 So.3d 1196, 1205 (Fla.2013) (<HOLDING>). Regarding the prejudice prong of the 
 Holding statements: (A) holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge (B) holding that written jury waivers alone cannot validly waive a defendants right to a jury trial (C) holding that the standard for determining competency to plead guilty is whether the defendant has a rational understanding of the proceedings (D) holding that decisions on whether to plead guilty or waive the right to a jury trial reside solely with the defendant (E) recognizing the right to waive a jury trial

Answer:
holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge