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.

Example Input: would, in general, slow down the dispute resolution process.” Id. at 946, 115 S.Ct. 1920. Moreover, it was rejected as “legally erroneous,” for the “basic objective in this area is not to resolve disputes in the quickest manner possible, no matter what the parties’ wishes, but to ensure that commercial arbitration agreements, like other contracts, are enforced according to their terms and according to the intentions of the parties.” Id. at 946, 115 S.Ct. 1920. C. In This Case, The Question Of Arbitrability Is For The Court The second question is whether the power to determine arbitrability resides with the court or the AAA Panel. The answer turns upon what the parties agreed to about that question in the Merger Agreement. First Option 543, 546-547, 84 S.Ct. 909, 11 L.Ed.2d 898 (1964)(<HOLDING>). Similarly, a disagreement about whether an 
 Holding statements: (A) holding that a court should decide whether an arbitration agreement survived a corporate merger and bound the resulting corporation (B) holding that a court should decide whether the arbitration contract bound parties who did not sign the agreement (C) holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement (D) holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived (E) holding that a gateway dispute about whether the parties are bound by a given arbitration clause raises a question of arbitrability for a court to decide
Example Output: (A)

Example Input: put forth anything to convince the Court that further discovery could rectify this issue. Accordingly, the Court sees no reason to deny or defer Defendant’s Motion as premature. 4. Contractual Limitations on Time to Bring Suit A. How does KRS § 304.14-370 affect contractual limitation provisions? Kentucky law has long recognized “the validity of insurance contract provisions requiring as a condition to sue that the action must be ‘commenced within the time specified by the policy.’ ” Edmondson v. Penn. Nat. Mut. Cas. Ins. Co., 781 S.W.2d 753, 756 (Ky.1989) (internal citations omitted). Courts typically enforced such provisions unless they unreasonably limited the time in which parties could sue. See Ashland Finance Co. v. Hartford Accident & Indemn. Co., 474 S.W.2d 364, 366 (Ky. 1971) (<HOLDING>). However, KRS § 304.14-370 does place 
 Holding statements: (A) holding a delay approaching one year is presumptively unreasonable (B) holding that discovery was appropriately tailored as it limited the request to information within a six year time period relating to one specific contract and the deposition of a person most knowledgeable (C) holding that section 10b and rule 10b5 suits must be commenced within one year after the discovery of the facts constituting the violation and within three years after such violation (D) holding that cogsa claims must be brought within one year from the time at which the loss occurred (E) holding that a blanket bond contract provision requiring a party to bring suit within one year after discovery of the loss was not unreasonable
Example Output: (E)

Example Input: S.W.3d at 595; Salazar v. State, 38 S.W.3d 141, 154 (Tex.Crim.App.2001). However, it is not dispositive that the statement is an answer to a question or that it was separated by a period of time from the startling event; these are simply factors to consider in determining whether the statement is admissible under the excited utterance hearsay exception. Zuliani, 97 S.W.3d at 596. The critical determination is “whether the declarant was still dominated by the emotions, excitement, fear, or pain of the event” at the time of the statement. Zuliani, 97 S.W.3d at 596. Stated differently, a reviewing court must determine whether the statement was made “under such circumstances as would reasonably show that it resulted from impulse rather than reason a -Houston [14th Dist.] 2003, pet. ref'd) (<HOLDING>); see also Reyes v. State, 48 S.W.3d 917, 920 
 Holding statements: (A) holding that statements made while the declarant was in pain crying bleeding and having trouble breathing were properly admissible as excited utterances (B) holding that the statements of a scared to death declarant whispering help me to police officers twenty hours after being assaulted were excited utterances (C) holding statements qualified as excited utterances where declarant was scared and tired and her statements were in response to questions twenty hours after the event (D) holding that the statements of a recently assaulted very upset and crying assault victim were excited utterances (E) holding that the determination of whether statements are excited utterances is within the trial courts discretion and its ruling will be reversed only for an abuse of that discretion
Example Output:
(D)