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:
showing he was denied a constitutional right. Because Weaver’s application for a COA raises several claims, it is impossible to glean from the present record which issue(s) the district court thought worthy of appeal. Cf. Murray, 145 F.3d at 1250-51 (determining that while court of appeals could not decide issue not specified in COA, it could “construe the issue specification in light of the pleadings and other parts of the record”). Therefore we must remand the record for the district court to specify the issue or issues for appeal. See Muniz v. Johnson, 114 F.3d 43, 46 (5th Cir.1997); Lyons v. Ohio Adult Parole Auth., 105 F.3d 1063, 1076 (6th Cir.1997); Hunter v. United States, 101 F.3d 1565, 1584 (11th Cir.1996); but cf. Tiedeman v. Benson, 122 F.3d 518, 522 (8th Cir.1997) (<HOLDING>). It is so 
 Holding statements: (A) holding remand for specification of issues unnecessary where clear from briefing appellant had not made substantial showing he was denied any constitutional right (B) holding right to testify was federal constitutional right (C) holding that appellant had waived any objection to an instruction that he had himself introduced and which was amended by the state without objection from appellant (D) holding that application of section 9711h as amended did not deprive appellant of any constitutional right (E) holding that where appellant acknowledged timely receiving notice by regular mail appellant appeared and fully participated at the trial and appellant made no claim that he was harmed in any way appellee had fulfilled the primary purposes of texrcivp 21a
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:
Tobacco Co., 177 F.R.D. 491, 498 (D.Kan. 1997) (stating that "[e]ven if there is a general prospect of litigation, a document is not protected by work product immunity if the document was prepared merely in the regular course of business.” Id.) 56 . See Marten, 1998 WL 13244, at * 11. 57 . Id. 58 . See U.S. Fire Ins. Co. v. Bunge N. Am., Inc., No. 05-2192-JWL, 2008 WL 2548129, at *7 (D. Kan. June 23, 2008) (overruling work-product objection because plaintiff, in its privilege log, relied only on eonclusory assertions that the documents were created in anticipation of litigation and did not provide sufficient information for the court to determine whether the materials were created in the ordinary course of business); Bo-hannon v. Honda Motor Co., 127 F.R.D. 536, 539 (D.Kan. 1989) (<HOLDING>); McCoo, 192 F.R.D. at 683 (holding that 
 Holding statements: (A) holding that because plaintiff could not establish which portions of the tapes had been played in court plaintiff failed to meet his burden (B) holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (C) holding that the burden is on the plaintiff (D) holding that plaintiff did not meet his burden to establish workproduct protection because he relied on bare conclusions unsupported by affidavit or other specific explanation (E) holding that a physician who relied only on personal observation without any personal study or experiment to justify his conclusions did not meet the daubert standard
answer:

(D)