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.

Q: 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

A: (E)
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Q: (3) the de fendant’s culpability in the fraud perpetrated by the controlled person. See Securities & Exchange Com’n v. First Jersey Securities, Inc., 101 F.3d 1450, 1472 (2d Cir.1996). First, as the Court has found, plaintiffs have failed properly to plead a violation of the 1934 Act. Second, as we also have noted, plaintiffs have failed properly to allege scienter and/or culpability on the part of “Merrill Lynch.” Even had we found a properly pled violation of the 1934 Act, we would not automatically impute this violation to “Merrill Lynch” as a controlling entity. See Baesa, 969 F.Supp. at 242 (“[T]he law in this circuit is clear that a subsidiary’s fraud cannot be automatically imputed to its corporate parent.”). See also Chill v. General Elec. Co., 101 F.3d 263, 270 (2d Cir.1996) (<HOLDING>). Novak, 997 F.Supp. at 435. Finally the Court 
 Holding statements: (A) holding that a parent must exercise some control over the subsidiarys activities which does not require that the subsidiary be controlled to an ultimate degree by its parent  although something more than mere passive investment by the parent is required the parent must have and exercise control and direction  over the affairs of its subsidiary in order for venue to be proper (B) holding that district court has the power to decide what portion of subsidiarys income should be reallocated to its parent (C) holding that a parent company would at the very least have to have been deliberately blind to its subsidiarys fraud in order to have the requisite scienter (D) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (E) holding that a subsidiarys contacts can be imputed for purposes of service of process where a parent uses the subsidiary to do what it otherwise would have done itself 

A: (C)
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Q: requires that the convict must have been sentenced to separate terms of at least one year for each of his two prior felonies. Id. However, Section 99-19-83 provides that any person convicted of a felony that has two previous felony convictions, one of those being a conviction of a violent crime, that person will be sentenced to life imprisonment without the possibility of parole or probation. Miss. Code Ann. § 99-19-83 (Rev.2000) (emphasis added). ¶ 12. This issue has been examined before. The Mississippi Supreme Court determined that “[i]t [is] not necessary for the State to specify in the indictment which section of the habitual criminal statute they were proceeding under.” Ellis v. State, 469 So.2d 1256, 1258 (Miss.1985) (citing Osborne v. State, 404 So.2d 545, 548 (Miss.1981)) (<HOLDING>). ¶ 13. Assuming, for the sake of the argument, 
 Holding statements: (A) recognizing that the two statutes are nearly identical (B) holding that in the conviction and sentencing for criminal offenses committed in the course of one criminal episode it is the intent of the legislature that there be a separate conviction and sentence for each criminal offense unless one of the offenses is a degree of the other a necessarily included lesser offense subsumed in the other or both offenses are identical (C) holding these two statutes are not criminal offenses and only affect sentencing (D) holding that claims under  1983 1985 and 1986 are barred for the further reason that these statutes create rights solely against persons and a state is not considered a person under these statutes (E) holding that when two underlying offenses are charged in an indictment for capital murder the state need only prove one of the two offenses to support the conviction

A:
(C)
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