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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

— cannot alone support guilty verdicts. There must be some further evidence adduced indicating the defendant’s commission of the charged criminal acts. See United States v. Glenn, 312 F.3d at 69; United States v. Scheibel, 870 F.2d 818, 822 (2d Cir.1989); United States v. Johnson, 513 F.2d 819, 824 (2d Cir.1975). True enough. But these cases do not hold that, if such actus reus evidence is adduced, there is some temporal limit on the jury’s consideration of consciousness-of-guilt evidence to establish mens rea. Indeed, if flight or false exculpatory statements were indicative only of a defendant’s knowledge and intent at the time of those actions, the evidence would be irrelevant to the charged crime and properly excluded. Instead, the law admits consciousness-of-gui 209 (2d Cir.2004) (<HOLDING>). (4) The Admissions to Goldsmith Still further 
 Holding statements: (A) holding defendants false exculpatory statements admissible to show consciousness of guilt (B) recognizing that evidence of government knowledge of the defendants conduct could be part of a defendants argument that it did not knowingly submit false claims (C) holding parties to an exculpatory clause where the parties intent is clear (D) recognizing that defendants attempt to persuade a witness to make false exculpatory statements is probative of guilty knowledge and intent (E) holding that defendants attempt to mislead a client by providing it with false information was illegal witness tampering because defendant was trying to corruptly persuade or mislead the client with the intent of influencing its potential testimony before the grand jury
holding defendants false exculpatory statements admissible to show consciousness of guilt

marks and citations omitted). {12} We are unconvinced that application of Texas law to determine whether the parties agreed to arbitrate would violate any fundamental principle, or public policy of New Mexico, nor are we convinced that the outcome of this determination would differ, depending upon whether we applied the law of Texas or New Mexico. Under Texas law, any doubts about whether there is an agreement to arbitrate must be resolved in favor of arbitration. See Dell, Inc. v. Muniz, 163 S.W.3d 177, 181 (Tex.App.2005); AutoNation USA Corp. v. Leroy, 105 S.W.3d 190, 195 (Tex.App.2003). It is not clear that New Mexico has applied the same presumption to this initial determination of whether the parties agreed to arbitrate. See DeArmond, 2003-NMCA-148, ¶ 8, 134 N.M. 630, 81 P.3d 573 (<HOLDING>). {13} Even though the presumption in favor of 
 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 once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration (C) recognizing that a legally enforceable contract is still a prerequisite for arbitration and characterizing the holding in first options of chicago inc v kaplan 514 us 938 94445 115 sct 1920 131 led2d 985 1995 as stating that the presumption in favor of arbitration is reversed when there is a dispute as to the existence of an agreement (D) recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement (E) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added
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

also admitted he personally observed that Gretillat had trouble walking long distances. Indeed, Priske excused Gretillat from making rounds of the facility due to Gretillat’s difficulty walking long distances. In April of 2004, Priske admitted that Gretillat’s forced resignation arose out of Gretillat’s problems with standing and “ambulating.” See, e.g., Cannice v. Norwest Bank Iowa N.A., 189 F.3d 723, 727 (8th Cir.1999) (finding “ample evidence” that employee alerted employer to the existence of disability where employee told employer about disability, gave employer information about the ADA, requested an unmonitored telephone line to talk with his “support network,” and displayed symptoms of the disability at work); see also Miller, 61 F.3d at 630 (quoting Hedberg, 47 F.3d at 934) (<HOLDING>). Because Care Initiatives was apprised of 
 Holding statements: (A) holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada (B) holding that if all of an employees coworkers knew that he had a heart condition such knowledge would not amount to notice to the employer that the employee was so limited by a disability as to require special accommodations (C) holding that an employer cannot be held liable under the ada if it had no knowledge of the employees alleged disability (D) holding that an employee who claims to have been terminated by her employer for having exercised her right to disability benefits raised a cognizable claim under  510 of erisa notwithstanding the fact that she received the benefits from her employer prior to termination (E) recognizing that employer has notice of limitation when disability manifests itself to the extent that it would be reasonable to infer that her employer actually knew of the disability

holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada