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: the bankruptcy court’s power to control dissemination of information more broadly. Judge Steven Gerling, for example, observed in In re Bennett, that If the information [sought to be protected] does not represent trade secrets or confidential research, development or commercial information, then whether to permit access to the information is a matter left to the Court’s discretion. It requires the Court to examine the relevant facts and circumstances and then to balance the interests of the party opposing disclosure with that of the public. In re Bennett, 226 B.R. 331, 336 (Bankr.N.D.N.Y.1998); see also In re Orion Pictures, 21 F.3d 24, 27 (2nd Cir.1994) (discussing § 107 and use of records for improper purpose); In re Robert Landau Associates, 50 B.R. 670, 675-76 (Bankr.S.D.N.Y.1985) (<HOLDING>); but see In re Phar-Mor, 191 B.R. 675, 679 
 Holding statements: (A) holding provision in contempt order void because it punished relator for violating order that trial court lacked authority to enter (B) holding that when the trial court signed an order dismissing the plaintiffs complaint but refused to enter a final judgment on that order the order refusing to enter judgment was appealable under former ors 190102a (C) holding the court has the inherent authority to enter an order of confidentiality (D) recognizing inherent authority but vacating order not supported by necessary findings (E) holding that while a magistrate lacked the authority to enter an order granting a motion to correct error and thus that the order was defective for failing to contain the judges signature or another indication it was approved or adopted by the trial court the city waived any challenge to the validity of the order by failing to make a timely objection and observing that the indiana supreme court has long held that defects in the authority of a court officer as opposed to the jurisdiction of the trial court itself to enter a final order will be waived if not raised through a timely objection and more recently this court has applied the same principle to civil proceedings and clarified that any objection to the authority of an adjudicative officer must be raised at the first instance the irregularity occurs or at least within such time as the tribunal is able to remedy the defect

Answer: holding provision in contempt order void because it punished relator for violating order that trial court lacked authority to enter


Question: Cir.1976), cert. denied, 429 U.S. 850 (1976) (<HOLDING>); State ex rel. Okla. Bar Ass’n v. Gasaway, 863 
 Holding statements: (A) holding that defendants exercise of right to testify in own behalf waives his fifth amendment privilege against selfincrimination (B) holding that juveniles request to call parent is assertion of fifth amendment privilege against selfincrimination (C) holding that the fifth amendment right against selfincrimination was not prejudiced by a prior administrative proceeding based on the same facts (D) holding that waiver of privilege against selfincrimination is proceeding specific (E) holding that the fifth amendments protection against selfincrimination is applicable to the states through the fourteenth amendment

Answer:
holding that defendants exercise of right to testify in own behalf waives his fifth amendment privilege against selfincrimination