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: would, in general, slow down the dispute resolution process." Id. at 946, 115 S.Ct. 1920. Moreover, it was rejected as "legally erroneous," for the "basic objective in this area is not to resolve disputes in the quickest manner possible, no matter what the parties' wishes, but to ensure that commercial arbitration agreements, like other contracts, are enforced according to their terms and according to the intentions of the parties." Id. at 946, 115 S.Ct. 1920. C. In This Case, The Question Of Arbitrability Is For The Court The second question is whether the power to determine arbitrability resides with the court or the AAA Panel. The answer turns upon what the parties agreed to about that question in the Merger Agreement. First Option 543, 546-547, 84 S.Ct. 909, 11 L.Ed.2d 898 (1964)(<HOLDING>). Similarly, a disagreement about whether an
Holding statements: (A) holding that a court should decide whether an arbitration agreement survived a corporate merger and bound the resulting corporation (B) holding that a court should decide whether the arbitration contract bound parties who did not sign the agreement (C) holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement (D) holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived (E) holding that a gateway dispute about whether the parties are bound by a given arbitration clause raises a question of arbitrability for a court to decide

Answer: (A)

Question: or property on which it is found, is insufficient to support a finding of possession." Murray v. United States, 403 F.2d 694, 696 (9th Cir.1969) (internal quotation marks and citations omitted). In other words, there must be additional proof of knowledge and control to sustain a conviction for possession. Although control of marijuana may be established by evidence that a person smoked marijuana, the smoke in the hotel room does not provide the additional proof necessary to sustain Petitioner's conviction. As discussed above, the record in this case supports merely an inference that someone smoked marijuana in the room, not that Petitioner, one of five occupants of the room, smoked marijuana. In Garrison, 272 Md. 123, 321 A.2d 767, Judge O'Donnell, writing for t .2d 252, 254 (1971) (<HOLDING>); Davis v. State, 9 Md.App. 48, 55, 262 A.2d
Holding statements: (A) holding evidence of presence of marijuana plants on property puckett jointly owned with his wife was not sufficient to create rational inference that puckett was in possession of the marijuana (B) holding that a defendants conviction for two possession of marijuana counts could not be supported by his possession of two marijuana cigarettes dropped from his hand and again for his possession of several packets of marijuana found in a nearby jacket during the same search (C) holding evidence of marijuana plants on premises defendant owned with his wife insufficient where marijuana plants were grown in an uncultivated area and there was a total absence of evidence of the defendants involvement (D) holding that jurys failure to find the defendant guilty of possession of marijuana could not be reconciled with a verdict of guilty of possession of marijuana with intent to purchase (E) holding that guilty plea to indictment charging distribution of 1000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea

Answer: (A)

Question: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor
Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance

Answer:
(C)