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.

Ex Input:
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

Ex Output:
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

Ex Input:
Majority Opinion in Ford, former Justice Newman authored a concurring opinion, which Justice Saylor joined, in which she specifically expressed her agreement "that appellate counsel acted ineffectively by neglecting to raise trial counsel's ineffectiveness for failing to investigate and present evidence during the penalty phase of Appellant's history of abuse and mental illness." Ford, 809 A.2d at 336 (Newman, J., joined by Saylor, J., concurring). 5 . Although Teague's retroactivity analysis did not gamer five votes, a majority of the High Court soon thereafter reaffirmed the Teague plurality's rule and its two exceptions in Penry v. Lynaugh, 492 U.S. 302, 313, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989). 6 . Compare with Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (<HOLDING>); Atkins v. Virginia, 536 U.S. 304, 122 S.Ct.
Holding statements: (A) holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty (B) holding that mentally retarded capital murderers are constitutionally ineligible for death penalty (C) holding that juveniles are constitutionally ineligible for death penalty (D) holding that defendant may be subject to death penalty on resentencing (E) holding that the death penalty is unconstitutional as applied to juvenile defendants

Ex Output:
holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty

Ex Input:
the requisite actual intent demanded by 548(a)(1). Mayo v. Pioneer Bank & Trust Co., 270 F.2d 823 (5th Cir. 1959), cert. denied, 362 U.S. 962, 80 5.Ct. 878, 4 L.Ed.2d 877 (1960); Cf. In re White, 221 F.Supp. 64 (N.D.Cal.1963). With respect to the alternate basis for claiming a fraudulent transfer, when Amelia transferred her one-half interest in the property to William on April 18, 1979, she received no consideration. Amelia had a claim upon William at any time to require him to transfer title back to her without payment to him. Thus, it cannot be said that when William transferred a one-half interest in the property to Amelia on July 3, 1980, he received less than a reasonable equivalent value for the interest transferred. Luper v. Ruhl, 148 F.Supp. 888, 890 (S.D.Ohio 1956) (<HOLDING>); Mayo v. Pioneer Bank & Trust Co., supra. The
Holding statements: (A) holding that because no real property interest was transferred to the agent by virtue of her redeeming the property the statute of frauds was inapplicable (B) holding that property transferred by a spouse to avoid support obligation may be considered on the issue of property distribution as well as alimony (C) holding a wife liable for necessary medical expenses incurred by her husband under the doctrine even though the wife did not sign as a guarantor and did not request that her husband be admitted nor anticipate that her husband would be admitted (D) holding that a reservation clause gave a life estate to a spouse pursuant to a deed reserving use of the property to both husband and wife for life even though the husband had no interest in the property (E) holding that where a bankrupt wife transferred a certain lot to her husband the husband being already the equitable owner of the transferred property it cannot be said that the lot was transferred to him without consideration

Ex Output:
holding that because no real property interest was transferred to the agent by virtue of her redeeming the property the statute of frauds was inapplicable