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: trial court wide latitude in sentencing...." State v. Bluff 2002 UT 66, 66, 52 P.3d 1210. "Generally, we review sentencing decisions to determine whether the court exceeded its permitted range of discretion, and we will reverse only if we determine that the trial court has failed to consider all legally relevant factors, or imposed a sentence that exceeds legally prescribed limits." State v. Malaga, 2006 UT App 108, 1 12, 182 P.3d 708 (quotations and citations omitted). ANALYSIS I. Admissibility of Evidence T9 Defendant asserts that the trial court committed plain error when it allowed two witnesses to testify as to the children's credibility in violation of State v. Rimmasch, 775 P.2d 388 (Utah 1989), and rule 608(a)(1) of the Utah Rules of Evidence. See Rim-masch, TIS P.2d at 392 (<HOLDING>); see also Utah R. Evid. 608(a)(1) ("The
Holding statements: (A) holding that rule 608a1 bars admission of an experts testimony as to the truthfulness of a witness on a particular occasion (B) holding rule applicable to witness (C) holding plaintiffs waived their right to appellate review of the admission of an experts testimony by failing to object to it at trial (D) holding that even if an experts testimony arguably embraced the ultimate issue such testimony is permissible as long as the experts testimony assists rather than supplants the jurys judgment (E) holding that an experts opinion must be based on facts in evidence or within his or her knowledge and that the admission of an experts opinion is reviewed for an abuse of discretion

Answer: (A)

Question: UCL and CLRA. In considering whether the plaintiff in Bruno had standing to bring claims arising from the defendants' gelcap product, when the plaintiff had only purchased the defendants' liquid product, the court noted that "treatises and the vast majority of persuasive authority indicate that ... the issue of whether a class representative may be allowed to present claims on behalf of others who have similar, but not identical, interests depends not on standing, but on an assessment of typicality and adequacy of representation." Id. at 530 (citing Greenwood v. Compucredit Corp., No. 4:08-cv-04878, 2010 WL 4807095, at *3 (N.D.Cal. Nov. 19, 2010); Arevalo v. Bank of Am. Corp., 850 F.Supp.2d 1008, 1017 (N.D.Cal.2011); Fallick v. Nationwide Mut. Ins. Co., 162 F.3d 410, 423 (6th Cir.1998) (<HOLDING>); 7AA Wright et al., Federal Practice and
Holding statements: (A) holding that employers have standing to sue (B) holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act (C) recognizing associational standing when members would have standing in own right (D) holding that because plaintiff had standing to sue for injury arising from his own benefit plan his ability to represent class members with different benefit plans should be analyzed under rule 23 not standing (E) holding that plaintiffs lacked standing to sue

Answer: (D)

Question: Desert responds that the export policy does not contain an arbitration agreement and the export policy makes no references to the arbitration clause in the purchase agreement. When a trial court denies a motion to compel arbitration, its factual findings are reviewed under a competent, substantial evidence standard, and its legal conclusions regarding the construction and validity of an arbitration agreement are reviewed de novo. BKD Twenty-One Mgmt. Co. v. Delsordo, 127 So. o another document, the contract must expressly refer to the document or sufficiently describe the document so that the document could be interpreted as part of the contract. Affinity Internet, Inc. v. Consol. Credit Counseling Services, Inc., 920 So.2d 1286, 1288-89 (Fla. 4th DCA 2006) (citations omitted) (<HOLDING>). In other words, the doctrine [of
Holding statements: (A) holding an administrative rule referred to in the contract became part of the contract under the doctrine of incorporation (B) holding that the arbitration agreement in a written contract did not apply to a dispute arising from a subsequent oral agreement which did not incorporate the arbitration clause from the written contract (C) holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur (D) holding that when plaintiff sought arbitration and neither the award nor the arbitration agreement mentioned interest the plaintiff was not entitled to preaward interest (E) holding that a contract does not incorporate the arbitration clause of the companys user agreement when that user agreement was neither expressly referred to nor sufficiently described in the contract

Answer:
(E)