instruction:
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.
question:
statement “is admissible only if it bears adequate ‘indicia of reliability.’ ” Id. In Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), the Supreme Court departed from its ruling in Roberts and established a new standard for determining when hearsay statements of an unavailable witness may be admitted as evidence against a criminal defendant consistently with the Confrontation Clause. The standard set forth- in Crawford actually expanded defendants’ confrontation rights beyond what was contemplated in Roberts. Compare Crawford, 541 U.S. at 53-55, 124 S.Ct. 1354 (requiring unavailability and a prior opportunity for cross-examination to admit testimonial hearsay statements of witnesses not appearing at trial), with Roberts, 448 U.S. at 72-73, 100 S.Ct. 2531 (<HOLDING>). Prior to the decision in Crawford, this Court 
 Holding statements: (A) holding that witness hearsay statements may be admitted whenever they bear sufficient indicia of reliability even without crossexamination (B) holding that the sixth amendment confrontation clause was not violated by the admission of hearsay statements under a georgia statute permitting an exception for statements by coconspirators where there was sufficient indicia of reliability supporting the truth of the statements (C) holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence (D) holding that judges may consider any relevant evidence bearing some substantial indicia of reliability including reliable hearsay in a probation revocation hearing (E) holding that it would have been proper to admit party opponent admissions although they were based on multiple levels of hearsay and test their reliability on crossexamination but upholding the district courts exclusion of the statements where the hearsay statements lacked any factual content and lacked any indicia of trustworthiness
answer:
(A)


question:
uncon-scionability.” Woebse, 977 So.2d at 632 (citing Bland ex rel. Coker v. Health Care & Ret. Corp. of Am., 927 So.2d 252, 256 (Fla. 2d DCA 2006)). Procedural uncon-scionability necessarily takes into account the manner in which the agreement was made. Id. At the hearing, the Estate argued that the facts are identical, really, to the Woebse case, in that it was a five-minute process where she was told to sign here and here, that she didn’t read the agreement. It wasn’t explained as an arbitration agreement to her. It was not explained that it was a voluntary process. Thus, the Estate sufficiently demonstrated that a disputed issue exists as to the making of the agreement so as to require an evidentiary hearing. See Linden v. Auto Trend, Inc., 923 So.2d 1281, 1283 (Fla. 4th DCA 2006) (<HOLDING>). Accordingly, the trial court should have held 
 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 an evidentiary hearing is necessary only if the party requesting the hearing raises a significant disputed factual issue (C) holding university grievance committee hearing was not an arbitration proceeding even though hearing had significant characteristics of arbitration without substantial evidence to support an arbitration agreement (D) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (E) recognizing that a party may demonstrate that a disputed issue exists as to the making of an arbitration agreement through arguments of counsel at a hearing
answer:
(E)


question:
Inc., No. 08 Civ. 5653(PAC), 2011 WL 3874821 (S.D.N.Y. Aug. 16, 2011) ("NJ v. DLJ"); NJ Carpenters, 272 F.R.D. 160 (finding Rule 23(a) requirements were met, but not Rule 23(b)(3) requirements). 59 . DI 294, at 30-33. 60 . Pub. Emps.' Ret. Sys. v. Merrill Lynch & Co. Inc., 714 F.Supp.2d 475, 484 (S.D.N.Y.2010) (stating Section 12(a)(2) standing is limited to “persons who have directly purchased the securities from underwriting defendants in the subject public offering(s), and not in the secondary market”); In re Sterling Foster & Co., Inc., Sec. Litig., 222 F.Supp.2d 216, 244 (E.D.N.Y.2002) ("[P]urchasers in private or secondary market offerings are precluded from bringing actions under Section 12(a)(2).”). 61 . DI 294, at 30; DI 300, at 17. 62 . See IndyMac I, 718 F.Supp.2d at 513 (<HOLDING>). 63 . This of course means that it does not 
 Holding statements: (A) holding that a party waived the claims she failed to pursue in her merit brief (B) holding that because  544b1 provides only the power of avoidance it does not confer authority on the trustee to pursue state law damage claims but that the trustee could pursue such claims under  544a1 or 2 if the claims could have been asserted by the debtor corporation (C) holding pinter analysis to apply to claims arising under  12a2 (D) holding that a trustee had no standing to pursue claims of fraud against the debtors accountant because under connecticut law those claims belonged to investors (E) holding wyoming only had standing to pursue section 12a2 claims as to indx 2006ar11
answer:

(E)