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.
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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: that is so related structurally to another substance as to be theoretically derivable from it even when not so obtainable in practice (the methoxy of naphthalene).” Webster’s Int’l 608. Thus, while some of the general purpose dictionaries provide support for Defendant’s suggested definition for derivative, others define the term as proposed by Plaintiffs. Technical dictionaries can also assist claim construction by showing how those skilled in the art define “derivatives.” Moba v. Diamond Automation, Inc., 325 F.3d 1306, 1315 (Fed.Cir.2003) (“[A]s this court has repeatedly counseled, the best indicator of claim meaning is its usage in context as understood by one of skill in the art at the time of invention.”); Dow Chem. Co. v. Sumitomo Chem. Co., 257 F.3d 1364, 1373 (Fed.Cir.2001) (<HOLDING>). Here, again, the cited sources provide 
 Holding statements: (A) recognizing we must give insurance policy language its ordinary and generally accepted meaning unless the policy shows that the words used are intended to impart a technical or different meaning (B) holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance (C) holding that the specifications reference to a selector sufficed as one skilled in the art would have understood the term (D) holding a technical term used in a patent document is interpreted as having the meaning that it would be given by persons experienced in the field of the invention unless it is apparent from the patent and the prosecution history that the inventor used the term with a different meaning (E) holding that courts may consult scientific dictionaries and technical treatises to deter mine the ordinary meaning of a technical term to persons skilled in the art

Answer: (E)


Question: determinative, the existence of a Swedish statutory scheme for the Mission’s employees weighs in support of the conclusion that the plaintiffs employment was intertwined with the governmental function of the Mission. See Kato, 360 F.3d at 109; Hijazi, 689 F.Supp.2d at 671. This is true even though the plaintiff may not have been a civil servant under Swedish law because “[o]ther countries are free to structure employment relationships in ways that do not mimic civil service protections now common to the United States and many European states, without thereby sacrificing the immunity conferred by the FSIA, as long as the sovereign, by extending the employment, is engaging in ‘governmental’ rather than ‘commercial’ activity.” Kato, 360 F.3d at 113; cf. El-Hadad, 496 F.3d at 664 & n.2 (<HOLDING>). Under Kato, the plaintiffs employment was 
 Holding statements: (A) holding that the employment of some noncivil servants can properly be characterized as noncommercial (B) holding that having to report to the police being subject to regular questioning and surveillance and having difficulty finding employment can reasonably be characterized as mere harassment (C) holding that nonconsensual oversecured creditor shall receive the statutory rate of interest unless it can be characterized as a penalty (D) holding that a nonjury juvenile adjudication that  afforded all constitutionallyrequired procedural safeguards can properly be characterized as a prior conviction for apprendi purposes (E) holding that an ex post facto claim can only be successful if the law can be characterized as punishment in the constitutional sense

Answer:
(A)